Medical negligence by a healthcare professional, leading to injury or death, is known as the Medical Malpractice.In New York, you generally have only 2 1/2 years to file a medical malpractice claim. If your claim includes a city or state hospital, a notice of claim must be filed within 90 days. Once a healthcare professional becomes aware of their mistake, they often try to cover […]
New York City is the scam capital of the United States, so it’s important to know what to do to avoid scammers! For example, it’s important to make sure that you only get into a metered taxi, ride share, or livery that you’ve arranged for. Too many people have been charged $500 for a ride home from the airport. The Bronx is swarming with scams, […]
With beaches, outdoor dining, and other amenities opening up, and the thought of flying with recirculated air still daunting, Americans are taking to the roads more than ever this summer. With Covid 19 still rampant and increasing in many areas, it’s important to take prudent steps to protect yourself, such as wearing a mask and avoiding indoor group activities. It’s also important to stay safe […]
The answer is yes. The Child Victims Act, passed in 2019, changed the law so that victims of sexual abuse, that are under the age of 55, can sue persons and organizations for child sexual abuse, no matter how long ago it occurred. For example, you could sue a coach that mistreated you at your elementary school in 1970 or a pediatrician that fondled you […]
New York City finally entered Phase I of reopening this Monday, June 8th. This smart reopening is only happening because we’re continuing to see a downward trend in new cases, hospitalizations and deaths. At the peak of the crisis there were few cars on the road, but traffic is expected to pick up after the re-opening, increasing the likelihood of accidents. People injured in car […]
You’ve probably heard people say that you can sue for negligence when you’ve been injured, but you might not know exactly what the word means. The definition of negligence is simply “failing to use proper care.” This can mean something very different depending on what the activity is, and whether training or a license is required. Just because you were hurt, doesn’t mean that you […]
Most personal injury lawyers in NYC offer free consultations. The best Queens, Bronx, Staten Island, Manhattan and Brooklyn personal injury attorneys can set up a Zoom conference so that you can discuss your case from the safety of your home. So, if you’re wondering if you have a viable claim for negligence, recklessness or rights violations, there’s no reason not to speak to an […]
With most businesses closed and the recommendations to “stay at home” to save lives, people are being very selective about taking risks that might expose them to the virus. It’s easier for some people to shelter at home than others. Essential workers are getting on the subways and busses every day to bring people healthcare, food and medicine, putting themselves at risk to help their […]
Covid has turned the City upside down, but we’re trying to make the best of it. Doctors, nurses and EMTs are risking their lives to provide care, while other essential workers are backing them up. Non-essential employees are working from home or wondering if and when their jobs will resume. Safety is a major concern for all. Many people have been asking me what to […]
Nursing homes have a responsibility to provide proper care to their residents. This includes a non-delegable duty to keep them safe from known pathogens. On February 29, 2020, a resident died of Covid 19 at a nursing home in the state of Washington, and many deaths followed at that facility shortly thereafter. New York and other states became aware of the hazard. Despite this knowledge, […]
If you’ve been injured in an accident, don’t be afraid to call a personal injury lawyer in NYC to see if you have a case. Modern law firms like Wittenstein & Wittenstein know exactly how to help you assert your rights without any risk to your safety. Consultations can be done on the phone or with Zoom, papers can be virtually notarized, conditions can be […]
The Covid 19 Pandemic has forced most people into their homes throughout the country. Some people are working from home and others have lost their jobs. They often have children underfoot, but they are feeling secure riding out the crisis in safety. Many people are not even stepping foot outside their homes, especially in New York City, where daily deaths are in the hundreds. Having […]
With so many people sheltering in place, it’s no surprise that the food delivery business is booming. Unfortunately, this is causing a huge rise in accidents involving delivery vehicles. If you’re involved in an accident with a DoorDash vehicle, it’s going to require a large amount of investigation and legal expertise to figure out who’s responsible for medical bills, lost earnings and other expenses. DoorDash, […]
New York City has become the epicenter of the Covid 19 Pandemic, making going to the grocery store a terrifying prospect. The streets are quiet except for the blaring of ambulance sirens. Food delivery workers are out on the front lines, delivering breakfast, lunch, and dinner to New Yorkers sheltering at home. Grubhub is one of the most popular food […]
The NYPD is reporting that bicycle accidents are up close to 50% this March. This is because more people are using bikes to get around now that public transportation is so unsafe. There’s no reason to stop biking. In addition to being good exercise, it’s also a social distancing method of transportation. But if you’re going to be riding in NYC during this crisis, you […]
Coronavirus restrictions have shut down physical access to most attorney’s offices, but that doesn’t have to mean your case is sitting idle in a file cabinet. It does mean it’s important to choose a firm that is prepared to handle both existing and new cases efficiently no matter how long this crisis lasts. Smart attorneys with offices that are paperless, cloud based and equipped with […]
The Coronavirus pandemic has changed life as we know it in New York. We’re worried about our health, and the health of our friends and neighbors, doing everything we can to avoid spreading the disease. Some people with sick relatives may be wondering about their legal options if they or a family member contracts the disease. It’s important to know that it’s possible to collect […]
We are hoping that you and your family are well and managing this crisis smoothly. Please let us know if there is anything at all we can do to help you. Our office is located on the first floor of a townhouse that is accessible without social contact, so we’re planning to remain fully operational throughout this crisis. Don’t hesitate to call on us if […]
I have been saddened to hear so many stories about Asians and Asian-Americans being treated badly during this current health crisis. This is riding on the heels of nasty rhetoric from the Trump administration regarding immigrants and refugees. It’s important to know that Federal, New York State and New York City law prohibits discrimination in employment, housing and public accomodations. New York City laws are […]
We might just be seeing Stacey Abrams on the ticket for the 2020 Presidential election. The former Democratic Leader of the Georgia House of Representatives, and 2018 Democratic Party contender for Governor of Georgia, is being courted by several of the Democratic Presidential candidates as a running mate. This savvy Yale graduate was the first black woman to become the gubernatorial nominee for a major […]
I’m eternally grateful that I had the opportunity to study Constitutional Law with Ruth Bader Ginsburg during the Summer of 1996. She remains a great inspiration to me, inspiring me to share some of her contributions with you today. She’s a groundbreaking lawyer, women’s rights activist and Supreme Court Justice that’s changed the World.
Ruth Bader Ginsburg was born […]
You probably know that looking at billboards and listening to commercials is not the best way to find a personal injury lawyer in NYC. There are so many choices and you’re under so much stress due to the trauma of having an accident and concerns about your health due to your injuries. New York City is a big place, so you may want to narrow […]
Only the tiniest percentage of traffic accident cases go to trial. That’s because it’s usually pretty clear how an accident happened, and if it’s not a compromise is used as a basis for settlement. It’s rare that a car accident is so complex that it requires the testimony of an accident reconstruction expert. If you’ve been seriously injured, information about the value for damages can […]
Don’t believe the insurance companies when they say that it’s impossible to sustain serious injuries in a low impact collision. The reality is that traumatic brain injuries (TBI) can be sustained any time there is force to the head. Brain trauma occurs in car accidents when the head is either propelled into the steering wheel, windshield or other hard objects in the vehicle. When a […]
Martin Luther King Day was signed into law as a federal holiday in 1983, but was not established in all 50 states until 2000. The holiday celebrates the contributions of slain civil rights leader Dr. Martin Luther King Jr., known for his contribution to ending segregation in the United States, and the tactics of civil disobedience that were used to achieve this goal. The Montgomery […]
High crimes and misdemeanors is the Constitutional standard the Congress must use to decide whether or not to impeach and remove a sitting President. It’s always been difficult to understand Constitutional law because it’s written in old-fashioned language and is often intentionally vague. That’s why my teaching assistant review sessions, for the late great civil rights lawyer Haywood Burns, attracted hundreds of students and packed […]
Everybody’s a “know-it-all” when it comes to personal injury claims. Even people that are lucky enough to never have an accident claim to know everything. Everybody has a friend that slipped on a banana peel and collected a million dollars or an uncle that drove his car into a tree and retired on the proceeds on his personal injury settlement. The reality is that nobody […]
If you’ve been seriously injured on somebody else’s property, you might be wondering if you should sue. You are considering making a premises liability claim, but you don’t want to be a greedy nasty person. On the other hand, you’ve lost time from work and can’t enjoy the same physical activities as before the accident, so it’s natural to consider whether you’re entitled to compensation. […]
It’s opening night at your best friend’s new restaurant and excitement fills the air. The place looks gorgeous and the food is amazing. Everything’s just wonderful until you slip on the stairs down to the restroom, breaking your leg in two places. You don’t want to be a jerk and sue your friend, but now you’re in rehab after two surgeries, and haven’t been able […]
There’s no place to hide from attorney advertising. You can’t miss them when you’re driving down a billboard lined highway, and again when you get home on your computer. You might even see attorney representatives at the scene of your accident or at the hospital, encouraging you to go to their “therapy place.” Queens, Bronx, Staten Island, Manhattan and Brooklyn car accident attorneys make […]
The founders of the United States and the drafters of our Constitutional considered freedom of religion to be of great importance. That’s why the First Amendment to the Constitution prohibits infringement on the right to worship as you choose. We’re all aware that freedom of speech does not include the right to panic people by falsely screaming “Fire” in a crowded theater, and similar limits apply […]
Here are four new laws that were passed in New York that will be taking effect next year. Some of them are the result of years of effort to reform the draconian laws that preceded them, and some of them are just baby steps towards a larger goal. You can judge for yourself.
If you’re injured on a construction site, there are can be many overlapping claims that can be brought on your behalf. If you’re working on the site, your employer should have a worker’s compensation policy in effect to cover you, and there are avenues to pursue if they don’t. There are potentially claims under Labor Law and other laws that specifically address injured construction workers. Pedestrians and […]
There are right ways and wrong ways to do just about anything. If you’ve been seriously injured and lost time from work, making the right choice can be the difference between just getting by and living well, for the rest of your life. The wrong way is to accept a card from a “therapy place” from a seedy looking person haunting the scene of your accident. It’s […]
You had a car accident and you’ve called every Queens car accident attorney, every Brooklyn car accident attorney and every attorney in Manhattan, The Bronx and Staten Island and they’ve all told you to get lost. You don’t understand – you were injured, and it wasn’t your fault, so you’re wondering, “Why is every lawyer rejecting my case.?” Accident attorneys work on a contingency […]
Truck accidents are no less than a nightmare! Insurance companies take advantage of your distress, by calling you up right after the accident, trying to get you to settle for much less than the case is worth. Shortly after a truck accident, you may have very little pain, so you go home from the scene of the accident, hoping it’s nothing serious. When the pain doesn’t […]
Insurance companies are cracking down on “rate jumpers,” raising awareness about where accidents in the City are more common. According to Nerd Wallet, Kings County (Brooklyn) has the highest rates in New York City overall, with an average annual car insurance rate of $3,550.47. The next highest insurance and accident rates are The Bronx, Queens, Staten Island and Manhattan. That’s why is so important […]
Everybody knows that personal injury attorneys collect money for accident victims. Beyond that, it’s not always so clear how much they charge and what services they can be expected to provide. Most personal injury attorneys take cases on contingency, meaning that you don’t pay anything until the case is settled or tried, and then only if the attorney is successful, but there are variations and […]
In the United States, the First Amendment of the Constitution protects our right to practice the religion of our choice. The State and City of New York have passed laws that offer increased protection from interference with religious practice and discrimination based on religion. Just like the right to move your fist ends at the tip of another person’s nose, the government will limit the […]
If you’ve recently been involved in an accident, beware of the swarms of vultures trying to prey on your misfortune. Reputable Kew Gardens accident attorneys don’t hang around emergency rooms, giving out out cards for “therapy places,” they don’t keep calling you after you tell them to stop and they definitely don’t offer you thousands of dollars in cash to retain their services. Would you […]
If you’ve been injured in an accident, you might be bombarded with attorneys chasing your case. The therapy place is demanding that you treat five days a week, and insisting that you hire “their” attorney – they might even encourage you to retain an attorney by signing papers with them, without even meeting the attorney. If this doesn’t sound like the best way to hire […]
We’ve all heard our share of jokes about ambulance chasers, those sleazy guys in cheap suits trying to take advantage of people that have been injured. As with every profession, there are those few embarrassments that act like these stereotypes, but if you’ve had an accident and you’ve been seriously injured, DIY representation is probably not your best choice. A reputable Rego Park accident attorney […]
There is a great deal of confusion about the different types of liability claims and the insurance coverage that applies. People wonder why there was full medical coverage for their friend’s accident, while they are paying out of pocket for their doctor’s bills. People wonder why they can only collect $25,000 as compensation on their liability claim, even though they have catastrophic injuries, while somebody […]
Most people know that they can collect money for “pain and suffering” from parties that accidentally or intentionally harm them, but wonder if there are other types of compensation that can be collected. This will help you get the big picture about the structure of personal injury claims, so that when you consult with your Brooklyn car accident attorney or NYC Construction accident attorney, […]
If you’ve been seriously injured on a construction site, you need an attorney that is familiar with this type of complex litigation. If you are injured while working on a construction site, you may be told that you are limited to collecting workers compensation benefits. In most cases this is true, but it is worthwhile to investigate whether or not you meet exceptions to workers’ […]
When you are injured in a work-related car accident, you are not eligible for no-fault benefits under the car’s policy. Instead, you must apply for worker’s compensation benefits to cover medical bills and reimbursement for time lost from work. Accidents attorneys in Queens, Brooklyn, Manhattan, Staten Island and The Bronx know that the best way to do this is to have an attorney or licensed […]
According to the U.S. Department of Transportation, most truck accidents fatalities are to persons in passenger vehicles in collisions with 18-wheelers, big rigs, tractor trailers and other large commercial vehicles. Despite increasing safety regulations, truck accidents have increased substantially since the 1990’s. This could be due to downturns in the economy that are causing drivers to work longer hours or from recent legislation that rolls […]
A personal injury case is a claim or lawsuit for damages caused by the negligent, reckless or intentional actions of another person or organization. Most people are familiar with the typical cases for traffic accidents and slip and falls, but there are many other types of cases that a personal injury attorney in NYC can help you with. If you suspect that the harm you’ve […]
New York law allows attorneys to retain clients on a contingency fee retainer for many types of cases. The law specifies the fees that can be charged for different types of contingency cases, and how the disbursements, liens and other financial aspects of a contingency fee retainer must be handled. This arrangement allows people that cannot afford a lawyer to have access to representation for many […]
Time limits for bringing lawsuits are called “Statutes of Limitations.” They specify the time period for starting a lawsuit. They are intended to allow a reasonable amount of time to start actions. Once this time period expires, a lawsuit can usually not be filed. There are some exceptions that will allow cases to be filed after the time […]
Companies are increasingly requiring waivers for participating in many events and recreational activities. They are intended to protect businesses from lawsuits, and act as psychological deterrents as people often assume that they cannot sue for their injuries because they signed a waiver. If you’ve been seriously injured, an experienced New York personal injury lawyer might be able […]
Despite increases in safety of motor vehicles, people are injured in traffic accidents every day. Airbags and other safety devices will help minimize the extent of injuries in many cases, but will not prevent them completely. Airbags can also cause injuries of their own, such as severe burns. Seatbelts can sometimes cause internal injuries in the upper body. If you’ve been involved in a serious […]
You’re walking down the street and an out of control car comes up onto the sidewalk and hits you. There is nothing you can do to prevent this, but there are many times where an accident could have been avoided, or the injuries could have been much less severe. Here’s 10 ways to protect yourself and your family from […]
When somebody suffers an injury because of the intentional, reckless or negligence action of another person, this can give rise to a personal injury case. There are many different types of personal injury cases such as:
If you have a personal injury case that’s being handled by an attorney, it’s a […]
After an accident, people often wonder whether they need an attorney for an accident case. There are no hard and fast rules, but there are some guidelines. There’s no point in making “mountains out of molehills,” but sometimes what injuries don’t heal as quickly as expected, resulting in lost earnings and stress on the family, and by the time that happens deadlines have expired. When […]
“No-fault laws” have been in effect throughout most of the United States since the 1970’s, so most people are aware of these laws, but there are many misconceptions about how they operate. The purpose of “no-fault” legislation was to reduce the number of lawsuits for personal injuries arising from traffic accidents, but it has actually resulted in an increase in litigation. It’s ironic that personal […]
Billboards, pop-up ads, Facebook feeds – everywhere you look, there are lawyers offering “No Fee Unless We Win,” and claims that they can collect “Billions of Dollars.” They call you at the hospital, they want to come to your house, they offer to give you money, they send you to “their doctor.” With this cacophony, it’s useful to know how to avoid scams when seeking […]
Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law. This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years. Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are. When a […]
An employer is generally responsible for the harm their employee does to others. This is limited to harm that is accidental and “within the scope of employment.” So if, for example, the pizza delivery person, en-route to a delivery, knocks over a pedestrian. The pizza place is liable, as well as their employee, because it was “within the course of his employment” to be delivering […]
Generally, a personal injury case begins with establishing negligence, which is the recognition of a legal duty and breach of that legal duty. This means that there must be something expected, such as a property owner’s duty to keep the premises safe, and the “breach” might be oil left spilled on the floor for an unreasonable amount of time. It also needs to be proven that […]
You should contact a car accident attorney as soon as possible after you have an accident. You may have more rights than you think! Sometimes people are afraid to go to the hospital in the ambulance provided by the police because they are concerned about payment of the hospital bill. This is not something to worry about because the hospital bill is always paid by the […]
Nobody is truly prepared for a car accident. Sometimes it’s just a nuisance fender-bender with property damage, but other times it can be a life-altering event. Usually, it’s someplace in-between. Since accidents are so common in New York City, it’s a good idea to know what to do in case you have a car accident. Wittenstein & Wittenstein is a law firm with accident attorneys in […]
Have you ever seen an 18-wheeler, semi-truck, tractor-trailer, or big rig crash into car? Have you ever wondered what would happen if that car was yours and you were driving? The tragedy of such a situation can be mitigated with knowledge about what to do. At NYC truck accident lawyer Wittenstein & Wittenstein we can put your mind at ease and take care of all the details […]
According to the Association for Safe Road Travel, close to a million and a half people a year are injured in car accidents in the United States. After a car crash, it’s a tremendous relief to realize that you are all in one piece with no catastrophic injuries. If it was a large impact, and parts of your body made […]
If you are wondering “Can I sue for my back injuries,?” the answer, like so many answers in law, is “it depends.” When a back injury is caused by the negligent, reckless or intentional acts of another person, it is often possible to make a successful case. If the accident happened at work, you generally cannot sue your employer, but […]
Most attorneys are ethical and diligent, but there are the ones that give us all a bad name. Dishonest lawyers, like liars in every walk of life, take advantage of trusting souls for a quick buck, whereas ethical attorneys seek to get you great results and provide amazing service, hoping you’ll come back and/or refer your friends and family. Reputable […]
If you are wondering, “Did my doctor fail to diagnose my condition,” causing the condition to worsen, leaving me in a much worse position than if it had been diagnosed in a timely manner? Sometimes failing to diagnose a condition can lead to serious medical problems and even death. A doctor is responsible for identifying symptoms and conditions. If a doctor sees […]
You get an e-mail from your attorney telling you that they are dropping your case. First of all, how rude! They should at least make an appointment for you to come into the office to discuss why your case turned sour, not just send you an e-mail informing you that your case is “dropped,” leaving you wondering why. […]
Your grandmother went to the hospital with a stomach ache and died. You’ve called every attorney in town and they won’t take the case. You even have evidence that they too heavily sedated her, and that she did not have a condition that she should have died from. You keep asking yourself, “Why won’t a medical […]
Many cities, including New York City, are encouraging residents and visitors to use bikes to get around the city. There are more bike lanes being put in every day, and you can rent a “Citi-bike” just about anywhere. It’s not surprising that this has resulted in an increasing number of bike accidents citywide. They only have two wheels, so they are easy to tip […]
Labor Laws protect construction workers injured on the job. New York’s Labor Laws impose a heavy duty on employers to provide a “safe place to work.” There is special protection for Construction Workers injured while doing work such as renovation, demolition, alteration or repair of buildings and other structures. The justification for these laws is that construction work is an extremely dangerous profession, and employers should […]
New York State Labor Law § 240/241 was one of the first labor laws enacted in the United States. It predates the Occupational Safety and Health Administration (OSHA) and Workers Compensation Programs. It was enacted in 1885, and despite lobbying to repeal it, has survived to this day. A similar law in Illinois was repealed in 2013. There is even a website scaffoldlaw.com, dedicated to […]
If you’ve been injured in accident, you might be wondering, “Who’s the best accident attorney in New York City?” Just like you would want to find the best doctor, auto mechanic or interior decorator, you want the best lawyer. Of course, you do! But how is “best” defined? There’s a little dive in Chinatown that has the “best” dumplings, but I know some of you […]
Lawyers are always offering advice on what to do if you are involved in a car accident that’s not your fault. This is because when somebody else causes the accident, lawyers can represent you in claims for compensation. It is also important to know what steps to take if you are at fault for causing an accident.
So you are driving down […]
There are few things more shocking than being seriously injured in an accident, and seeing the other driver take off. Recently, one of my clients was walking ON THE SIDEWALK when an out of control car went up ONTO THE SIDEWALK and hit him. His leg was broken in several places and thankfully some people inside adjacent homes heard the noise and called for an ambulance and […]
According to the AFL-CIO, Trump’s is obliterating worker safety regulations, resulting in an increasing number of worker deaths and injuries, especially in dangerous occupations such as construction. Construction accidents which maim and kill workers increase and protections for their health and safety are abolished. Due to these changes construction worker safety is at a 21st Century low, with accidents on the rise. Here are some […]
People are always asking about whether they should hire a Truck Accident Lawyer NYC. They might have been referred to somebody in their Neighbourhood by a friend or family member, but is that really who they want to handle their truck accident case? Truck accidents have specific laws and regulations that apply, and inexperienced attorneys are usually not the best choice. If you’ve been seriously injured in […]
When a vehicle crashes into the side of another car, this collision is called a side- impact car accidents/collision. It may increase the vehicle occupants’ risk of suffering severe injuries or even death. The way an accident happens is important in determining liability, and also for showing causation of the injuries claimed. That’s why it’s important to understand the logistics of side-impact collisions.
You will also know where […]
Did you know that there have been building codes dating back to 2000 BC? Authorities of the time were eager to create rules and records, and to create structures that were more reliability unlikely to collapse and kill people. When buildings feel on people, it didn’t make Kings look good! The most elaborate and building code of ancient times was the Code of Hammurabi, which […]
Sadly, despite efforts to regulate the industry, builders have found it more cost effective to pay fines than to employ safety measures. This has resulted in a history of preventable fatalities on construction sites that […]
Accidents can strike with no notice. This blog will help you be prepared if you, or somebody you know, is involved in a car accident. It is very important to know what to do immediately after an accident, and equally important that you hire the best attorneys if you suffer serious injuries in the accident. The very best Queens, Brooklyn, Manhattan and Bronx car accident attorney can […]
Brooklyn has one of the highest rates of accidents in the country, and a higher rate than other parts of New York City. That’s why insurance rates in Brooklyn are higher than in other parts of the City. If you have never been the victim of a crash, it’s easy to assume it will never happen, but it’s much better to be prepared. Having a relationship with […]
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