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What Are The Time Limits for Filing a Lawsuit in New York?2019-01-22T17:25:24+00:00

KNOW WHEN YOUR RIGHTS RUN OUT: LEARN ABOUT THE STATUTE OF LIMITATIONS WHEN FILING A LAWSUIT IN NEW YORK

NEW YORK CITY DELAYED INJURIES ATTORNEY

It is not a wise decision to wait when you think you have a case: Act now!  If you are wondering “What are the time limits for filing a lawsuit in New York,?” the best thing to do is immediately contact an attorney who can apply the law to your situation.  That said, here’s an overview of the time limitations for various types of situations.

Unfortunately, the law does not have infinite patience. Lawsuits cannot be filed whenever it is most convenient to the litigant (you). According to the law, suits must be filed within a certain amount of time after the date of the incident in question. The statute of limitations is a guideline that determines whether your case is still valid or if you have waited too long to file. Its purpose is to set a calendar deadline for litigation based on a given event.
The start date for the statute of limitations is almost always the date when the incident occurred. There are two exceptions:

  • Date of Discovery: When a person could not have known they were injured, like if a surgical instrument was left inside them after surgery and was not discovered until complications arose, it would be unfair to use the date of the surgery (when the accident took place) as the start date for the statute of limitations. In these cases, the start date is the date of discovery.
  • Delaying (“Tolling”): When the person who incurred the loss is unable to file suit right away because they are (most commonly) a minor, mentally incompetent, or bankrupt, then the statute of limitations is delayed or “tolled.” To cite a common example, if the litigant was a minor on the date of loss and the statute of limitations is two years, then the statute of limitations is delayed until that person can file as an adult. The start date for the two years will then be the day he or she turns eighteen.

In New York State, the statute of limitations laws are as follows:

  • Defective Products or Devices: An action must be brought within 3 years of the date the injury occurred.
  • Personal Injury & Negligence: An action must be brought within 3 years.
    • Toxic substance exposure is counted under Date of Discovery.
  • Personal Property Damage: An action must be brought within 3 years of date of incident.
  • Professional Malpractice: An action must be brought within 2 ½ years.
    • This statute is delayed when there is a foreign object that may have been left in someone’s body or if there was continuous treatment of the plaintiff. The statute of limitations runs from the time when the foreign object is discovered (up to 1 year) or the last date of the continuous treatment.
    • If it is discovered that the medical practitioner withheld the truth about the malpractice, the statute of limitations runs for 6 years from the date when the fraud occurred or should have been discovered.
    • If an infant is the victim of malpractice, the statute of limitations can be extended by up to 10 years from the date of the act or omission that caused the injury.
  • Wrongful Death: An action must be brought within 2 years of date of death.

Those whose death came as a result of complications from involvement on September 11th have 2 ½ years from date of death.

As indicated above, the statute of limitations varies depending on the type of case you have. This is why it is of the utmost importance to pursue litigation as soon as possible after you have incurred a loss of any kind. If you have any questions regarding this matter or believe you may have a case that may expire under the statute of limitations, please feel free to contact us at 718-261-8114 or law@wittenstein.com. We are ready to help you figure out your best options and take the next step.

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Why is my Personal Injury Case Taking SO LONG?2019-01-22T17:23:35+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.

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How Much Should I Sue For?2019-01-22T16:16:53+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!

What Type Of Lawyer Handles Traumatic Brain Injury (TMI) Cases?

Traumatic Brain Injuries (TMI) can cause severe disabilities that last a lifetime. Access to state of the art treatment, facilities and devices can make the future can be much brighter for brain injury victims and their entire family. That’s why it’s so important to choose an attorney that can collect the largest amount of compensation possible for victims of catastrophic injuries. Personal injury attorneys sue people and companies that cause injuries due to their negligence, recklessness or intentional acts and specialize in areas such as car accidents, slip and falls, medical malpractice, product liability and construction accidents. Traumatic brain injury cases require the highest level of skill and experience, with a commitment to help families obtain the resources they need as quickly as possible. Wittenstein & [...]

Everything You Ever Wanted to Know About Bicycle Accidents

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 over when they are hit by a car.  There is no protection other than a helmet for the bicyclist, so injuries from bike accidents tend to be serious.  If you are injured in a bicycle accident, an experienced bicycle accident attorney in NYC can explain the law as it applies to your specific situation. If you've been injured in a bicycle [...]

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 own [...]

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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 trained and licensed to practice virtually any field of law (as all lawyers are,) they choose to specialize in cases that fall under “tort law” including work injuries, automobile and other traffic accidents, defective products, medical mistakes, and slip and fall accidents.

The expression “trial lawyers” can refer to personal injury lawyers because even though most cases handled by personal injury lawyers settle rather than going to trial, personal injury attorneys pursue litigation to position their cases for settlement, whereas some other types of lawyers never step foot in court such as most corporate lawyers, contracts lawyers and real estate lawyers.  Personal Injury/Accident lawyer have various duties in serving their clients. These obligations include professional and ethical rules put forward by state bar associations where the attorneys are authorized.  Once they are authorized by their state bar association, legal advisors are legitimately allowed to offer counseling and guidance and to file lawsuit on behalf of their clients in state courts.  Personal Injury attorneys can also be licensed to handle matters for clients in Federal Court.

Sometimes personal injury lawyer called Plaintiff’s Attorneys, even though there are also attorneys that do defense work, representing those that are sued for personal injuries.  Those attorneys usually work for insurance companies.  Many personal injury attorneys will offer a free consultation to decide whether or not they want to take on a new matter.  Most personal injury attorneys work on a “contingency retainer,” which means that the client pays nothing unless money is collected.  This is, of course, a risk for the attorney who might end up investing cash and resources for a case and will have a loss if nothing can be collected.  That’s why a smart personal injury lawyer will be very selective about what they take on.  Personal injury lawyers must follow strict ethical rules.  The guidelines do vary from State to State, but what is always paramount is that lawyers owe a duty of loyalty and confidentiality and must zealously prosecute cases for their clients.

In order to practice personal injury/accident law in the United State, a lawyer must sit for and pass at least one State Bar Examination.  Most States also require four years of college and three years of law school.  There are also graduate degrees in various legal specialties that some personal injury/accident attorneys might also have obtained.  Ask your personal injury/accident attorney about his or her qualifications.  Sometimes personal injury/accident attorney will have very narrow specialties such as a malpractice attorney that focuses their practice on a specific disease.  Other examples of narrow personal injury/accident attorney specialties include maritime law (laws of the sea), railroad or aviation accidents.

If you are injured in an accident or in some other way by the fault of another, it is always in your best interests to consult with a personal injury.  Ask the lawyer how much of their practice is devoted to personal injury and accident law.  You wouldn’t want your gynecologist doing your root canal, so probably you don’t want a divorce lawyer to handle your accident cases.

Call Wittenstein & Wittenstein 718-261-8114, experienced professional accident attorney and personal injury lawyers if you have any questions.  Always remember JUSTICE IS SWEET.

NEW YORK CITY ACCIDENT ATTORNEY
QUEENS, BROOKLYN, MANHATTAN, STATEN ISLAND, AND THE BRONX ACCIDENT ATTORNEY
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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:

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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”

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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.

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    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.

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    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!

     

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    What Do I Do If They Tow My Car To a Shop After an Accident?2019-01-22T17:24:15+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.

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    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/

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

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    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. 

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    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.

     

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    What Happens If I Get Into an Accident While Driving a Company Car?2019-01-22T17:24:07+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.

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    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
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    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.

    Monday9:00 AM - 5:00 PM
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    Sunday9:00 AM - 5:00 PM

    Additional Hours by Appointment

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    What Should I Do If I Find My Parked Car Damaged?2019-01-22T17:22:54+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

     

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    Are You Looking for a Motorcycle Crash Lawyer?2019-01-22T17:22:06+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.

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    2112, 2020

    How To Find The Best Accident Lawyer

    By |December 21st, 2020|Categories: Boat Accidents, Negligence Lawyer Queens, Queens Accident Lawyer NYC, Queens Car Accident Attorney, Subway Accidents, Traffic Accidents, Truck Accident Lawyer NYC, truck accidents, woman personal injury attorney queens|Tags: , , , , , , |0 Comments

    Everybody always wants to hire the best. This is true [...]

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    When Can You Sue for Sports Injuries?2019-01-22T17:21:55+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

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    How To Find The Best NYC Construction Accident Lawyer

    If you’ve been seriously injured in a construction accident, your family’s future depends on collecting as much compensation as possible to mitigate the cost of medical care and as reimbursement for lost past and future earnings. It may not be possible to know yet whether you’ll ever be 100% recovered from your injuries, so it’s wise to take steps immediately to investigate your legal rights. The best way to find out what you’re entitled to for your construction accident case is to speak to the best NYC construction accident lawyer that knows how to maximize the value of your case. What To Ask A NYC Construction Accident Lawyer Most car and truck lawyers in NYC know [...]

    What Are No-Fault Benefits?

    In New York, along with 11 other states (Michigan, Florida, Pennsylvania, New Jersey, Kentucky, Hawaii, North Dakota, Massachusetts, Minnesota and Utah) and Puerto Rico has a statutory structure that provides personal injury protection (PIP) first party benefits to people injured in motor vehicle accidents regardless of fault. This mandatory insurance coverage for medical costs, lost earnings and out of pocket expenses is commonly referred to as “no-fault benefits. If you’ve been injured in a car accident, no-fault benefits can help you survive financially during the pendency of your personal injury case. That’s why car accident lawyers Queens, Manhattan, Staten Island, Bronx and Brooklyn assist their clients with applying for and fulfilling the requirements to collect [...]

    What Types Of Accidents Cause The Most Serious Injuries?

    Any type of traumatic injury calls for evaluation to determine its severity, but the lion’s share of injuries from car accidents and falls are relatively minor. Accidents involving heavy impacts and falls from a significant height cause the majority of catastrophic disabilities such as paralysis, loss of a limb, blindness and loss of cognition. In order to collect the huge amount of compensation they’ll need to regain as much quality of life as possible, victims need experienced and specialized legal representation. For example, workers injured on a construction site should hire a NYC construction accident lawyer and people injured by large vehicles should retain a truck accident lawyer in NYC. How To Choose The Best NYC [...]

    What’s The Value Of My Case?

    If you’ve been injured in an accident, you’re likely facing the spectre of large out of pocket medical expenses, lost earnings and other challenges. It’s important to know that you don’t have to face this crisis alone because an experienced personal injury lawyer knows exactly what to do to help you return to enjoying your life. When you hire the right Queens, Brooklyn, Manhattan, Staten Island and Brooklyn car accident attorney, you’re usually able to recoup large amounts of money to help you pay off your bills and come back strong. In addition to being the go to car accident attorney in Queens, Wittenstein & Wittenstein is also the top NYC Construction Accident attorney, helping [...]

    The Importance of Hiring The Best Truck Accident Attorney

    Truck accidents can cause severe or even catastrophic injuries, so getting top dollar compensation is extremely important for passenger car occupants, pedestrians and cyclists that are involved in crashes with these big heavy vehicles. There are many negligence lawyers in Queens that claim to handle all types of motor vehicle accidents, including truck accidents, but you’re not likely to get the best results unless you hire a truck accident lawyer in NYC that has a tremendous amount of experience with this type of case. Wittenstein and Wittenstein is the top negligence lawyer in Queens, handling truck accident cases for more than sixty years. Call us at 718-261-8114 for a free consultation. Compensation For Victims of Truck [...]

    The Benefits of Hiring a Queens Car Accident Attorney

    It’s becoming increasingly common for insurance companies to try to settle car accident claims quickly with injured people before they get a chance to speak to a lawyer. This is a great strategy for insurers because when they’re successful, they get away with paying pennies on the dollar compared to what the injured person would collect if they hired a Queens car accident attorney. Sometimes they even try to settle the claim the same day, before the person has a chance to wake up stiff the next day and realize how badly injured they are. Here’s $500, they say, and some naive people actually accept it when their claim could be worth $10,000 or more. That’s [...]

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    SPORTS INJURIES LAWYER

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    What’s an Ambulance Chaser?2019-01-22T16:16:16+00:00

    DEFINING AMBULANCE CHASER

    You should avoid at all costs becoming the victim of ambulance chasing.  Ambulance chasing is illegal in the United States and most of the World. In England is also called “barratry,” an offense committed by people who are “overly officious in instigating or encouraging prosecution of groundless litigation” or who bring “repeated or persistent acts of litigation” for the purposes of profit or harassment. It’s well known as an insult to personal injury attorneys, implying that they “chase ambulances” to the emergency room to find clients.  An astute client can tell the difference between a reputable personal injury attorney and an “ambulance chaser.”

    HOW CAN YOU SPOT THEM?

    So how can you tell if your attorney is an ambulance chaser?  Ambulance chasers use illicit means to solicit clients that have had an accident.  For example, if you are treated in an emergency room, an ambulance chaser may get this data and begin calling you to ask if you would like to sue for your injuries.  You might get 10, 20 or 30 calls like this. The attorneys that engage is this harassing and illegal activity hope to convince you to trust them with your case, but why should you trust an attorney that is unethical?

    RUNNERS

    Ambulance chasers also employ what’s known as “runners.”  These employees of unethical attorneys use radio scanners to intercept police calls to the scene of an accident.  They show up with the attorney’s cards, trying to solicit business from injured victims who are presently concerned about their health and well being.  They sometimes even bring forms to sign to retain the attorneys they work for. After an accident, people are often in a state of shock, both glad to be alive and concerned about their injuries and the damage to their vehicles.  To solicit clients at this time is reprehensible.

    Another tactic is to use “runners” from medical offices that lure clients into treating for their injuries “for free,” with the no-fault insurance from the accident.  The no-fault insurance would cover their treatment at any provider that accepts this insurance, and they are numerous, but the false impression is given that they are getting something “for free.”  The patient is given a stack of forms to fill out, and sometimes those forms include a retainer for a law firm! I have had clients come to my office that did not even know that they had already retained any attorney.  Aside from being illegal and unethical, ambulance chasers often run “mills” with thousands of cases that all get little or no attention.  I have heard horror stories from clients that have worked with this type of firm – calls not returned, filing deadlines missed, and settlements proposed without breakdowns explaining how much money the client will receive.

    YOU CAN CHANGE YOUR ATTORNEY AT ANY TIME DURING YOUR CASE

    What can you do if you made the mistake of retaining an ambulance chaser?  It’s easy to fix! Clients have a right to change attorneys at any time during their case.  The reputable attorney can have you sign a “Consent to Change Attorney” form that will end your relationship with the ambulance chaser and retain the legitimate attorney.  There are very good reasons why you should end such a relationship, including the fact that the District Attorney’s Office is constantly investigating these illicit operations and you could get swept up in the fraud prosecutions and come under scrutiny yourself.

    CHOOSE A REPUTABLE FIRM

    At Wittenstein & Wittenstein, clients seek out our services through referrals and searches that lead to our transparent and informational website.  Our goal is to provide excellent service to clients needing representation for injuries sustained through the fault of others. There is no shame in seeking compensation for your pain and suffering when somebody has done you wrong, and this can best be accomplished with the assistance of a reputable personal injury firm.  The reputation of the law firm that represents you is known by the insurance companies and defense law firms. The largest settlements are made to firms that they take seriously. If your attorney is an ambulance chaser, your claim will not strong.  If you don’t have faith in your lawyer, you should consider changing attorneys.

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    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!

     

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    When Should You Call an Employment Attorney?2019-01-22T17:22:36+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.

    MANHATTAN

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    New York, NY 10279
    Phone: 718-261-8114
    Email: law@wittenstein.com
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    What Can I Do When My Child is Being Bullied at School?2019-01-22T17:22:17+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.

    The burden on schools to prevent, notice and eliminate bullying has become very high.  A safe learning environment for all students is now a very high priority in New York, and throughout the country.  Despite the efforts of legislators to put pressure on schools to prevent bullying, it is still up to parents to hold schools responsible when they are lax in eliminating bullying.

    There are some factors to consider when you suspect your child is being bullied:

    • Physical abuse is when there is an injury to a child’s a child’s body or to their property
    • Verbal abuse is when there “namecalling” or other types of verbal attacks, out loud or in writing.
    • Social abuse is damage to a child’s relationships or reputation, such as rumors or the intentional exclusion from a group
    • The bullying is more actionable the more often it happens
    • The bullying is more serious if there is a real or perceived power imbalance such as a difference in strength or popularity
    • The bullying causes severe harm, including physical, emotional or psychological harm that requires treatment by a professional

    FILING A COMPLAINT WITH THE SCHOOL

    When you file a bullying complaint with your child’s school, be sure to include the following information:

    • What you believe the basis of the bullying is, for example, race, gender, ethnicity, sexual orientation, disability, lifestyle, etc.
    • Include a description of the type of bullying, such as verbal, physical, sexual, rumors, social exclusion, cyberbullying (online,) etc.
    • List every person that is involved in the bullying.  Is it teachers, students or other personnel.
    • State where the bullying occurs, is it in school, in the schoolyard, after school or on the bus.
    • State how long it’s been happening
    • Explain the harm that this has caused to your child, physical, emotional or psychological
    • List the names of all the people that the child has complained to.

    EXAMPLES OF BULLYING THAT ARE ACTIONABLE UNDER FEDERAL CIVIL RIGHTS LAWS

    Racial:  When racial slurs, threatening taunts or other actions are based on the race of a student.

    National Origin:  When the harassment is based on a real or perceived belief about where the child or their families members were born.

    Sexual Harassment: When students, usually girls, are taunted about the size of their breasts or other sexually related characteristics.

    Disability: When a student is harassed about a real or perceived disability and called things such as “retard” or “cripple.”

    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
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    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

    Premises Liability – When Can You Sue?

    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. That’s why we’re going to outline how courts determine whether a property owner is legally liable when somebody gets hurt. It’s always a good idea to call us at 718-261-8114 if you’ve had any kind of accident for a specific answer regarding the facts of your particular situation. Premises liability claims [...]

    Vaccination Laws Upheld Despite Religious Objections

    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 right to a religious practice that they believe endangers the community as a whole.  Justice Denise Hartman upheld the law abolishing religious exemptions to vaccinations, referring to a US Supreme Court decision from 1944, “The right to practice religion does not include liberty to expose the community or the child to [...]

    Black History Month Spotlight: Michelle Obama

    Black History Month- Recognizing Notable Lawyer: Michelle Obama We’ve seen Michelle Obama poised by Barack Obama’s side during his presidency countless times. Fashionable and statuesque, she handled her position as first lady with a deftness and grace that belied the initial criticism she faced. For eight years, she proudly served as the premiere  African-American first lady. There is so much more to know about Michelle Obama - here are some things you might not be aware of: 1. She is one of only three first ladies with a Graduate Degree. After graduating Magna Cum Laude with her Bachelors Degree in Sociology from Princeton University, Michelle Obama went on to receive her Law Degree from Harvard Law [...]

    Remembering Dr. Martin Luther King, Jr.

    Remembering Dr. Martin Luther King, Jr. “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.” -Dr. Martin Luther King, Jr   Martin Luther King Jr. Day was officially observed as a national holiday for the very first time on January 20, 1986. Signed into law three years prior by President Ronald Reagan, the day was chosen to be on the 3rd Monday of every January.  His positive messages while fighting for equality set the mood for groundbreaking laws requiring equality.   Sit Wherever You’d Like to New Yorkers love to lament the unreliability of the MTA, and these complaints have some merit, but we can [...]

    Everything You Ever Wanted to Know About Bicycle Accidents

    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 over when they are hit by a car.  There is no protection other than a helmet for the bicyclist, so injuries from bike accidents tend to be serious.  If you are injured in a bicycle accident, an experienced bicycle accident attorney in NYC can explain the law as it applies to [...]

    President George Bush’s Legacy- 7 Ways How the ADA Impacts Us Today

    President George Bush’s Legacy- 7 Ways How the ADA Impacts Us Today A little over a week ago, on November 30, 2018, we lost our 41st president. George H.W Bush served as president from 1989-1993, and prior to his presidency, served as vice president from 1981 to 1989. Though we may not agree with all of his policies, the American Disability Act passed during his administration continues to be a major contribution to our society. The American Disability Act (ADA) was signed into law on July 26, 1990 and was implemented with the goal of increasing inclusion for persons with disabilities in employment,  telecommunications, public accommodations in both the public and private sector. Most of us, [...]

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    NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

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    Did I Experience Disability Discrimination at Work?2018-10-30T15:37:26+00:00

    Disability discrimination occurs when an entity under the scope of the American Disability Act (ADA) , treats a person less favorably than others because of their disability. Discrimination of this kind also occurs if unfavorable treatment is also directed to someone who has a relationship with a person with a disability. An example of this would be denying a husband a job because he has a wife with cerebral palsy.

    A disability as defined by the ADA is a physical or mental impairment that significantly hinders an individual’s major life activities, record or history of said impairment, or the belief by other individuals that a person has those impairments. Someone who has an illness that is expected to last 6 months or less, would not be considered disabled.

    One of the most common areas where disability discrimination comes up is in the workforce. For a practice to be discriminatory, an individual must be otherwise qualified  for the applicable position. Disability discrimination can occur during the hiring process, at the start of employment or even after one has been with a company for a while. During the actual course of employment it can occur when it comes to promotions, getting approved for time off and/or retirement.  Employers from both the private and public sector, with companies of 15 or more employees are required to follow the rules under Title I of the ADA.

    Here are some practices that can be considered discriminatory:

    1. Request that you take an aptitude or a medical test- This will not be seen as discriminatory if everyone else in the company has to take the same test. If you are ‘singled out’ to take an exam, that is when it is an issue
    2. Ask about a disability, or if someone close to you has a disability- An employer is only allowed to ask you about a disability if they’re doing so to better meet any accommodations you may need. On many applications you may also see questions regarding veteran status and any associated disabilities- this is an exception as it is required by federal law. An employer generally should not be asking you about the nature of your disability or the duration of your disability.
    3. Refuse to make reasonable accommodations- If you need accommodations, your employer will need to know about your disability. Otherwise, how can they address your request? Individuals need to be qualified for the position. The employer does not need to provide the accommodation if it will result with the employer experiencing  “undue hardship.”

    If you believe, you’ve been subjected to disability discrimination on the job, do not hesitate to contact Wittenstein & Wittenstein. Call today for a free consultation.

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    When Should I Call a Medical Malpractice Attorney?2019-01-22T17:22:45+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.

    MANHATTAN

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    37th Floor,
    New York, NY 10279
    Phone: 718-261-8114
    Email: law@wittenstein.com
    Monday9:00 AM - 5:00 PM
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    What is Medical Malpractice?2019-01-16T20:25:00+00:00
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    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

    How To Find The Best NYC Construction Accident Lawyer

    If you’ve been seriously injured in a construction accident, your family’s future depends on collecting as much compensation as possible to mitigate the cost of medical care and as reimbursement for lost past and future earnings. It may not be possible to know yet whether you’ll ever be 100% recovered from your injuries, so it’s wise to take steps immediately to investigate your legal rights. The best way to find out what you’re entitled to for your construction accident case is to speak to the best NYC construction accident lawyer that knows how to maximize the value of your case. What To Ask A NYC Construction Accident Lawyer Most car and truck lawyers in NYC know [...]

    What Are No-Fault Benefits?

    In New York, along with 11 other states (Michigan, Florida, Pennsylvania, New Jersey, Kentucky, Hawaii, North Dakota, Massachusetts, Minnesota and Utah) and Puerto Rico has a statutory structure that provides personal injury protection (PIP) first party benefits to people injured in motor vehicle accidents regardless of fault. This mandatory insurance coverage for medical costs, lost earnings and out of pocket expenses is commonly referred to as “no-fault benefits. If you’ve been injured in a car accident, no-fault benefits can help you survive financially during the pendency of your personal injury case. That’s why car accident lawyers Queens, Manhattan, Staten Island, Bronx and Brooklyn assist their clients with applying for and fulfilling the requirements to collect [...]

    What Types Of Accidents Cause The Most Serious Injuries?

    Any type of traumatic injury calls for evaluation to determine its severity, but the lion’s share of injuries from car accidents and falls are relatively minor. Accidents involving heavy impacts and falls from a significant height cause the majority of catastrophic disabilities such as paralysis, loss of a limb, blindness and loss of cognition. In order to collect the huge amount of compensation they’ll need to regain as much quality of life as possible, victims need experienced and specialized legal representation. For example, workers injured on a construction site should hire a NYC construction accident lawyer and people injured by large vehicles should retain a truck accident lawyer in NYC. How To Choose The Best NYC [...]

    What’s The Value Of My Case?

    If you’ve been injured in an accident, you’re likely facing the spectre of large out of pocket medical expenses, lost earnings and other challenges. It’s important to know that you don’t have to face this crisis alone because an experienced personal injury lawyer knows exactly what to do to help you return to enjoying your life. When you hire the right Queens, Brooklyn, Manhattan, Staten Island and Brooklyn car accident attorney, you’re usually able to recoup large amounts of money to help you pay off your bills and come back strong. In addition to being the go to car accident attorney in Queens, Wittenstein & Wittenstein is also the top NYC Construction Accident attorney, helping [...]

    The Importance of Hiring The Best Truck Accident Attorney

    Truck accidents can cause severe or even catastrophic injuries, so getting top dollar compensation is extremely important for passenger car occupants, pedestrians and cyclists that are involved in crashes with these big heavy vehicles. There are many negligence lawyers in Queens that claim to handle all types of motor vehicle accidents, including truck accidents, but you’re not likely to get the best results unless you hire a truck accident lawyer in NYC that has a tremendous amount of experience with this type of case. Wittenstein and Wittenstein is the top negligence lawyer in Queens, handling truck accident cases for more than sixty years. Call us at 718-261-8114 for a free consultation. Compensation For Victims of Truck [...]

    The Benefits of Hiring a Queens Car Accident Attorney

    It’s becoming increasingly common for insurance companies to try to settle car accident claims quickly with injured people before they get a chance to speak to a lawyer. This is a great strategy for insurers because when they’re successful, they get away with paying pennies on the dollar compared to what the injured person would collect if they hired a Queens car accident attorney. Sometimes they even try to settle the claim the same day, before the person has a chance to wake up stiff the next day and realize how badly injured they are. Here’s $500, they say, and some naive people actually accept it when their claim could be worth $10,000 or more. That’s [...]

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    CONSTRUCTION ACCIDENT ATTORNEY

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    7 Reasons to Hire a Construction Accident Attorney (#5’s a Surprise)2018-12-16T21:13:57+00:00

    Construction Accidents are becoming more frequent as laws and regulations protecting workers are being abolished so that real estate developers can put more money in their pockets.  Sadly, this is causing an increase in the rate of accidents, with serious injuries and fatalities increasing.  If you have been the victim of a construction accident, here are the reasons to hire a construction accident attorney:

    1. Get Workers Compensation Benefits Quickly – an experienced construction accident attorney will know how to process your claim quickly so money is coming into your family as soon as possible.
    2. Investigation of All Exceptions to Workers Compensation that May Allow You to Sue Your Employer – New York State does not allow employees to sue their employers, but there are many exceptions that often apply to construction accidents such as “grave injuries,” falling from a height and failure to employ certain safety standards.
    3. Investigate Applicable Product Liability Claims – If the accident was caused, even partially, by malfunctioning equipment, the manufacturer of the equipment can be held liable.
    4. Investigate Third-Parties – There are often employees of other companies working on a site that may have contributed to the accident.
    5. Public Policy – Trump era deregulation is abolishing laws and regulations that protect worker safety, causing serious injuries and fatalities among construction workers to skyrocket.  Making a claim will hold employers accountable, and could reduce future accidents.
    6. Peace of Mind – Knowing that you have top la