Know Your Rights2018-08-26T16:13:46+00:00

WHAT ARE MY RIGHTS?

what are my rights

New York City’s Top Personal Injury and Accident Attorneys

Wittenstein & Wittenstein has established itself as a Top New York City (Queens, Brooklyn, Bronx, Manhattan, The Staten Island, and Long Island) Personal Injury Law Firm by offering great results to clients for over 60 years. Our legal team have successfully collected millions of dollars for thousands of clients, who have enthusiastically referred their family and friends for generations. If you cannot make it into their office due to your injuries, they will come directly to your home or hospital for an initial consultation. They promptly return calls and answer all your questions fully. This firm understands the trauma [...]

10 Ways to Get a Personal Injury Attorney to Take Your Case

The contingency fee system was signed into law to allow people that cannot afford to pay attorneys access to the legal system to assert their rights.  Personal Injury Attorneys do not get paid for their services unless, and until, a settlement is accepted or a judgment is entered.  This means that they must be very selective about the cases they take on, only accepting cases that they believe are winnable.  Below are 10 ways to get a personal injury attorney to take your case, in other words, here's how you help a personal injury attorney say "yes" to your [...]

The Personal Injury Lawsuit Process for Traffic Accidents

CLIENT INTERVIEW The client and attorney meet and discuss: How the accident happened The extent of the injuries Employment and when the client expects to return to work Health issues that might impact the rate of recovery for injuries The jurisdiction and venue (where the accident happened and where the parties live, or where a company does business.) Ascertaining all defendants and the insurance coverage that should apply Any liens that might be levied on the case Legal options are discussed, including whether or not a lawsuit should be commenced immediately A retainer and preliminary authorizations to obtain [...]

15 Reasons Why a Personal Injury Lawyer Declines Your Case

People are often puzzled by why personal injury attorneys decline cases.  Sometimes they think they have a great case, and call every personal injury attorney in town, only to have their case declined time and time again.  Personal injury attorneys work on a contingency fee, which means that they must invest money and resources in each case they take, and turn down those cases that they will believe will result in a loss.  They promise "no fee unless we win," and can't expect to stay in practice if they take too many cases they might lose. There are [...]

5 Ways to Make More Money Driving for Uber

UBER DRIVER LAWYER 1. LOG IN TO THE PASSENGER APP The passenger app will show you where all the Ubers are - if there is too much competition where you are, you can drive to another location. 2. LOG OUT AND BACK IN FOR INCREASE SURGE FARE Surge fares are calculated based on driver availability.  At a likely time for a surge (such as closing time for bars in your area) first log out (to reduce availability) and then back in to catch a large surge. 3. PROVIDE WATER AND SNACKS FOR PASSENGERS [...]

Why Do Clients Prefer a Woman Attorney?

Many studies have shown that women lawyers outperform men as lawyers, even though they still earning about 20 percent less pay across the board.  Miami-based analytics firm Premonition AI recently ran the biggest the largest scale study on gender in law that was ever done, and found that women outperform men at every level of practice.  The verdicts were higher and the clients were more satisfied across the Board.  Premonition reports that according to its data, "Women partners win 12% more than their male colleagues and Women associates win 3% more than their male colleagues." Susan Hackett reports for The American [...]

Child Injury Lawyer | Laws That Protect Children

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

Do I Need a Pediatric Malpractice Attorney?

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

Kushner Hit with Lawsuits over Williamsburg, Brooklyn Development

I grew up with many stories about Williamsburg, Brooklyn, my father's hometown.  Whenever I complained about just about anything, his response would be, "at least you didn't grow up in Williamsburg."  I thought it was literally the worst place on Earth, with flies swarming around manure.  Actually, when he was growing up, in the 1930's the streets actually were full of dung and swarming flies, as cars were still a luxury in poor neighborhoods.  In fact, the legend goes, my grandfather had a stable business, that was losing ground to cars, so he became a taxi driver, in [...]

Product Liability Claims Lead to Ridiculous (and hysterically funny) Warning Labels

I was going to write a post about the most common types of product liability claims and a serious article about how manufacturers can be held liable when they are negligent or reckless in the design of their products.  Another major basis for product liability lawsuits is the "failure to warn" about the dangers of using a product.  Warning labels are intended to give consumers the information they need to use a product safely, such as warnings about allergens and appropriate uses for a product.  I'm not sure if manufacturers are trying to avoid liability or just making fun [...]

Bronx Still Plagued by Lead Paint Poisoning

Lead paint was banned in New York City in 1960, but has no been removed from many homes, especially in the Bronx.  The New York Times reported that Mayor Deblasio is planning to "eradicate" lead paint from public housing, but it seems like it's too little, too late.  When walls are painted over without stripping the lead paint underneath, small children can still peel off the paint and ingest it, causing the high lead levels known as "lead poisoning."  Lead poisoning can cause severe neurological problems for children that ingest it, including intellectual disabilities.  If your child shows [...]

Dangers of the State Island Ferry

Ferry travel feels so safe, none of the lane changing and stress of driving, but The New York Post has reported that ferry captains warn that The Staten Island Ferries are “ticking time bombs.”  After a major accident in 2003, there has been some scrutiny of the safety of these aging ferries, and what’s been revealed shows that most of the ships suffer from serious safety problems.  The ferry captain, who wanted to remain anonymous said of the ship’s propellers, “They often fail, resulting in the shutdown of one or more of the four “drives” [...]

Why Do Lawyers Always Want to Bring Lawsuits in the Bronx?

According to the New York Post, The Bronx is the "lawsuit capital of NYC."  The Bronx is the second smallest borough, yet more lawsuits are filed there due to the belief that Bronx juries are more generous to plaintiffs than any other borough.  The statistics are clear that the highest verdicts in the State are brought in by Bronx juries.  That's why Personal Injury Attorneys always want to bring a lawsuit in the Bronx, whenever possible.  Councilman Andrew Cohen (D Bronx) says, “Any way they can figure out to find a nexus to bring a case in The Bronx, they’re going [...]

Psychological Injuries Lawsuits

Some psychological injuries are so severe that they can be as disabling as serious physical injuries.  When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit.  This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track.  With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic.  Fearing for your life when you are hit by a car or slipping on water [...]

The Psychological Impact of Bullying

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

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 [...]

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WHAT ARE MY RIGHTS?

If you are wondering, “What Are My Rights?”, you can find help here.  There are Federal, State and Local laws that give rise to claims when people are injured by others or by the government.  A personal injury attorney can help you assert these rights when you are able to state a valid claim.

So, you can ask something simple like, “What are my rights when I am injured in a car accident in New York?”  Most of the time, you will be covered for medical, lost earnings and out-of-pocket expenses by “no-fault insurance.”  If you are working at the time, and not an “independent contractor,” Workers Compensation Benefits will apply.  You have the right to sue the “at-fault” vehicle for pain and suffering, future economic damage and other causes of action.

Less simple is the question, “What are my rights when I am fired from my job?”  If you are not a member of a union, and do not have an explicit employment contract, you are likely an “employee at will,” and subject to termination without cause.  So unless you have been discriminated against, there’s usually not much that can be done.

I am asked all the time, “What are my rights when my neighbor is harassing me,” – can I sue them.  Technically, yes, you can sue them – you could march yourself to the courthouse and file a “summons and complaint,” but it will be expensive to bring this case and it will take years to get to trial – most likely you will not be able to collect on the judgment.  So what to do – CALL THE POLICE.  Harassment is a criminal offense and law enforcement is your “lawyer.”

“What are my rights when I am bitten by my neighborhoods dog?”  Your neighbor is responsible for the control of their dog, and if you are invited on to their property, or the dog enters your property – and bites you in the shin –  can sue them.

“What are my rights when my neighbor has junked cars and construction supplies on their unfenced property – and the local children play with it?”  You can sue for creating an “attractive nuisance,” but a call to the police might work better here.

WHAT ARE MY RIGHTS?