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

WHAT ARE MY RIGHTS?

what are my rights

What To Do After A Car Accident in New York?

Accidents can strike with no notice.  This blog will help you be prepared if you, or somebody you know, is involved in a car accident.  It is very important to know what to do immediately after an accident, and equally important that you hire the best attorneys if you suffer serious injuries in the accident.  The very best Queens, Brooklyn, Manhattan and Bronx car accident attorney can make sure that everything is done properly to pursue your claim. What to do after a car accident? Call 911 to report the car accident. Go to the hospital to get checked [...]

Get Yourself the Best Brooklyn Car Accident Attorney!

  Brooklyn has one of the highest rates of accidents in the country, and a higher rate than other parts of New York City.  That’s why insurance rates in Brooklyn are higher than in other parts of the City.  If you have never been the victim of a crash, it’s easy to assume it will never happen, but it’s much better to be prepared. Having a relationship with a top Brooklyn Traffic Accident Attorney can save you time and money should tragedy strike. There are so many attorneys, why not choose a Brooklyn Car Accident Attorney that’s been getting [...]

Mark Your Calendars – Set Your Timers – Time to Vote!

  What New Yorkers Need to Know for The Midterm Elections! The midterm elections are right around the corner - and they may just be the most important midterm elections ever.  So much is at stake! The candidates running for election across the country also happen to be the most diverse bunch that the US has ever seen. 272 of the 964 candidates are women, and white men make up only 58% of the candidates running - the lowest in the past four elections. It is of great importance that you go out to vote! Logistics This year’s midterm [...]

Is Your Right to Vote Disappearing?

Is Your Right to Vote Disappearing? wittenstein.com  has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law.  Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials.  By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the [...]

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

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

Limousines- Luxury Travel or Death Traps?

LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine.  News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle.  On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people.  How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters [...]

Things To Do If You Have a Car Accident

Some people are lucky enough to have never had a car accident.  Car accidents are so common that it’s a good idea to know what to do should an accident occur.  It’s better to be prepared beforehand, so that you can protect both your health and your legal rights properly.  A Bronx Car Accident Attorney, Brooklyn Car Accident Attorney or a large firm handling cases throughout New York City can help you best if you follow the best immediate procedures after an accident. Call the Police It is important to always call the police after a traffic accident.  The [...]

Common Personal Injury Cases

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

The Difference Between Sexual Harassment & Sexual Assault

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

When Should I Call an Accident Lawyer?

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

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 [...]

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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?