When you are a victim of a car accident, one person you will need to talk to is the insurance adjuster. This person may be very nice and friendly, but it is important to realize that they are not on your side. Their job is to have their employer, the insurance company, pay out as little as possible.

Insurance companies make more profit by settling claims cheaply than by recruiting new customers. Every dollar they save is profit for them. Their goal is not to get you fair compensation for your injury or damages.

That is why most attorneys stress the importance of talking to an attorney before speaking with the insurance adjuster. Attorneys know exactly how to get you the payment you deserve. We have spent the past 20 years fighting for our clients, and we will fight for you, too.

Have questions? Want to find out if you have a case? Contact us today to set up a free consultation.

Train Accident Recovery Lawyer

Whether you slipped and fell on a broken stair or loose tile, injured yourself due to construction by the tracks or hurt yourself on a broken escalator, it is important to get medical attention as soon as possible. If you are able to, gather as much evidence as possible at the scene—take pictures, get witness information, report your injuries and fill out an incident report.

It’s important not to wait if you think you have a case against Penn Station

If you think you have a case against Amtrak—which owns Penn Station—contact a lawyer as soon as possible. There are special considerations and a significantly shorter statute of limitations when suing Amtrak because it is a government entity.

Sometimes there are other parties, in addition to Amtrak, that may also be held responsible. This may include a maintenance company, a contractor or private business that is operating in the station. An experienced lawyer will thoroughly examine your case to determine your rights, including who you can sue, and make sure all evidence is properly gathered and parties are notified in a timely manner to help give you the best chance possible of winning your case.

Want more information? Contact Our Penn Station Accident Lawyers

We provide free consultations to help you understand your rights and make an informed decision. Our attorneys have over 20 years handling these types of cases and will fight to get you the maximum compensation you deserve.

Law books and a gavel

Yes!  A new bill has passed in 2019 called The Child Victims Act that allows new provisions for victims of sexual assault or abuse as a child. Time is limited, so read on to learn about an important “one year look back window”.

Child Victims Act Provisions

Before the passage of this bill, child survivors of sexual abuse had until the age of 23 to bring forth a civil case. To bring a felony or misdemeanor child sex abuse case, the victim would have until they were 28 or 25 respectively. With the passage of The Child Victims Act, changes to the statute of limitations benefit the victims.

Changes to Statute of Limitations for Child Victims of Sexual Assault

  • Extends the statute of limitations for criminal sex cases involving children under the age of 18
  • Extends the statute of limitations for civil sex abuse cases until the survivor turns 55 (up from 23)
  • Creates a one-year window to revive old cases time-barred under current law, and will treat public and private institutions the same when it comes to child sex abuse. Before the passage of this bill, someone abused in a public institution like a school can only sue if they file a notice of claim within 90 days of the attack.

New Hope for Survivors

Coming forward in a sexual assault case is difficult for any survivor, but it can be especially difficult for minors. Children may often have difficulty grasping and coping with what happened to them, as their mental and physical development may not reach full capacity at the time of the abuse. Additionally, many child sex abuse cases involve trusted abusers such as teachers or doctors; people in positions of power over the child. These relationship dynamics can make it even more difficult for minors to come forward. This bill now gives survivors more time to understand their experience and ultimately take legal action against their abusers.

Unfortunately sexual assault against children often occurs in places where children believe they are safe. Churches, schools, doctor’s offices and family homes become a place of horrific neglect and abuse.  It’s a parent’s worst nightmare.  This nightmare also becomes something a child often lives with for far too long in silence.

Child Sexual Abuse and Molestation  Civil Claims

The law is now on your side with the passage of The Child Victims Act but you will want a skilled sex crimes lawyer to explain the next steps to take. Our compassionate experienced attorneys can explain the process  and go into more detail about the new changes in law. With the year-long look back window to submit a claim regardless of the victim’s age, it’s important to bring a claim against the abuser and institution now. If you or a loved one is a survivor, let our team help you bring those responsible for your abuse to justice. Contact us at 516-222-4000 and arrange for a confidential appointment to begin discussing your legal options.  The consultation is free.

woman holding a jacket in a store

If you were injured in a slip and fall accident while shopping at popular stores such as Target, Walmart or Macy’s, the first thing you should do is seek medical attention immediately. Make sure you tell the doctor where you fell and what caused you to fall so that this becomes part of the medical records. At your earliest convenience contact a personal injury attorney so that your rights may be protected.  It’s possible you may be able to sue them. A lawyer will discuss your specific case and let you know your legal options and possible compensation you may be entitled to.

Its very helpful to take pictures of where the incident took place as well as of your injury. This will help provide evidence of how the scene looked, in case a dangerous condition that caused your fall is fixed.

You want to show that the dangerous condition was there and document it.

Slip and falls may be caused by foreign substances such as water, wax, liquids, soap, or oil.  They can make a shopping mall’s beautiful marble or terrazzo floor as slippery as ice. We have successfully represented shopping mall customers who have been injured in Long Island, the Bronx, Brooklyn and Manhattan.

Have questions? Our lawyers can help provide answer and discuss your case–there is no obligation and never any fee until we get you a settlement or verdict. Call us today at 516-222-4000.

Firework accident claims in New York

FireworksThat depends. In NY, if you were the person using the fireworks and were not licensed to do so legally, you probably do not have a case. Most are illegal in NY except if set off by licensed professionals with a permit to do so at an organized event, such as Grucci 4th of July Fireworks in Manhattan, or Montauk or Eisenhower Park.

When Do I Have A Case?

There are times though, when you do have a case. A person suffering personal injury caused by fireworks due to another person’s negligence may have a claim against the person responsible. Negligence means someone fails to exercise the level of care that a reasonable person should have exercised in the same circumstances. Examples may include getting injured by your neighbor’s fireworks that were set off in the street, unbeknownst to you. It was dark and the fireworks used were illegal and you got burned or injured severely due to their negligence.

Another example is that you attended an organized event, such as a fireman’s fair and the organizers failed to hire licensed professionals. Maybe safety regulations were ignored and not enough distance was kept between the pyrotechnic display and the public. An innocent bystander gets hit. In most cases like this, you would have the right to sue.

Lawsuits have been filed against fireworks companies, organizations that host fireworks shows. They also have been filed against people who host shows at their home. People file claims that they have been injured or seriously harmed by the displays. In 2010, a woman was awarded $4.75 million in her lawsuit after she alleged she suffered burns and a traumatic brain injury when a pyrotechnic exploded next to her. Her son, who was on her lap, was in a coma for three days.

If you were severely injured by fireworks, that was caused by someone else’s negligence, please call our office at 516-222-4000 for a free case evaluation. You may be entitled to compensation.

CRPS Claims Lawyer

Chronic, burning pain is most often associated with both forms of RSD/CRPS. However, there are a number of symptoms that also are associated with the condition such as:

  • Changes in hair and nail growth;
  • Changes in skin color, texture, or temperature;
  • Joint stiffness or swelling;
  • Limited movement in affected body parts;
  • Muscle spasms and weakness;
  • Sensitivity to touch or cold.

If you are experiencing any of these symptoms following an injury caused by someone else’s negligence, no matter how minor the injury seemed, it is important to see a doctor as soon as possible and consult an experienced personal injury attorney such as Goldstein and Bashner. Call us today for a free case evaluation. We have extensive experience winning top compensation for our clients who suffer from Complex Regional Pain Syndrome. We may not be able to take away the physical pain, but we will fight tirelessly to help you get financial compensation for your pain and suffering, to pay medical bills, and replace lost wages.

New York Car Accident Attorney

If an accident occurs while a motorcycle is lane splitting, whether the motorcycle or car is at fault depends on whether lane splitting is permissible in that state, the views of the police officer and judge on lane splitting and the actions of both the motorist and motorcyclist prior to the accident. Here in NY, Long Island and Tri-State area, lane splitting is not legal. While every case is unique, there is a good chance that the driver of the motorcycle would be found at fault. However, if the driver of the car or truck was drunk, or driving without a license this would factor in, and they could be held partially or fully liable. Also, if the driver of the vehicle neglected to turn around and look before merging into another lane, or simply merged into the other lane without a traffic signal and subsequently hit a motorcyclist, then the driver of the vehicle may be held liable for the accident. Hazardous road conditions may also play a role in determining liability.

If you were in an accident riding a motorcycle, or a car driver that was involved in an accident involving a motorcycle, please call our office for a free case evaluation.

Long Island nursing home abuse lawyer discusses the steps you should take if you believe a loved one is being abused or neglected at a retirement home

Yes, it’s critical that you reach out to legal aid and put an end to the dangerous situation.

There is a fine line between abuse and neglect, and neglect can often end up being classified as abuse if it ends up with actual harm as a result.

Some Examples When Neglect Turns to Abuse:

  • Failure to provide nourishment results in starvation.
  • Failure to properly adjust a patient’s position can end in bedsores that can cause excruciating pain and become infected.
  • Patients that aren’t properly attended to can suffocate, can fall and injure themselves, or worse.
  • If you suspect neglect of your loved one at a nursing home or an assisted living facility, call us for help getting your loved one the care that they deserve and compensation for injuries.
Long Island Accident Claims

The insurance adjuster will attempt to establish if there’s an injury and what your responsibility was in the fall. He may attempt to resolve (settle) the case immediately. The adjustor may ask you a series of questions such as:

  • The extent or type of injury
  • What were you doing just before the accident
  • Warnings that may have been ignored
  • Whether you had a reason for being in the area

It’s generally not in your best interest to speak with the adjuster without having reviewed the specifics of your case with a personal injury attorney. If you try and settle without a lawyer, they will try to low-ball you and save as much money as possible. As soon as you tell them you are negotiating your own settlement, they know you’re trying to save money. To them, that means you may even be desperate. They also know you won’t be as knowledgeable about their tricks and tactics and like those tens or hundreds of thousands of people before you, they know how they can play you until you either become so frustrated you settle for their bad offer or become panicked that your time is running out. We suggest you call us today for a free case evaluation. We will let you know your options and if you have a strong case and choose to hire us, you will most likely get a much higher settlement if you have us on your side!

When you are in an accident, your insurance company will put a value on your injuries. We recently wrote about how many use a computer program called Colossus, which takes all the data related to your claim and comes up with a number.

How Much Is Your Injury Worth? To Insurance Companies, One Program Has the Answers

So what makes an injury more valuable? Here are some of the key circumstances that may add value to an injury:

  • Type of injury. Broken bones, head injuries and herniated discs are more serious than soft tissue injuries such as sprains or bruises.
  • You went right to the hospital.
  • You were kept at the hospital overnight.
  • You sought treatment from a specialist, which is given more value than a general practitioner (who you might also see) and a lot more value than a chiropractor.
  • Medical procedures necessary
  • Medications needed
  • You had no gaps in your treatment.
  • Your injuries are more serious—broken bones or herniated discs as opposed to soft tissue injuries like sprains.
  • Length of treatment.
  • Whether you have a permanent injury.
  • Lost work time.
  • Whether there were pre-existing conditions or related earlier injuries
  • Skill and history of attorney
  • Family situation—whether you have a spouse and children dependent on you
  • Location of accident
  • Whether there are witnesses
  • Have questions? Give our personal injury lawyers a call for a free consultation to find out more about your specific accident and legal options.

Our Personal Injury Attorneys Are Here To Help You Get the Full Compensation You Deserve

With 25 years of experience fighting for our clients’ rights, we know exactly how to get you the maximum dollars your case is worth. We work with top medical experts and investigators to get the evidence we need to ensure your case. Call us for a free consultation. We will discuss your specific case and legal options, and make sure all your questions are answered.

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