In New York, the statute of limitations is three years from the time of the incident. This means that you have up to three years to file a lawsuit, but the sooner the better. If you plan on suing, it is best to have legal experts at your side from the beginning. As experienced personal injury attorneys we will guide you through the lawsuit process to increase your chances of proper compensation. Do not delay. Contact our lawyers today for a free consultation. We can answer all your questions, let you know your legal options and discuss the best course of action.
Most likely, the insurance company will pay for the damages. In general, the two scenarios excluded from coverage would be intentional accidents (such as purposely plowing into a crowd to cause damage) or those in stolen vehicles. You should definitely put in a claim for this.
In addition, give us a call and let our criminal defense team help ensure your DWI case has the best possible outcome. Our experienced DWI lawyers have more than 25 years working throughout Nassau and Suffolk Counties to successfully get DWI charges dramatically reduced or dismissed altogether.
Snow, ice and wintry weather have arrived on Long Island and with it the slippery sidewalks and streets that lead to slip and fall accidents. We get a lot of calls this time of year asking us these cases and whether or not you can sue.
Generally, the laws are not strict on forcing residential home owners from clearing their property. The courts have been stricter on business owners, giving them reasonable time to make their property safe for customers. Sometimes, however, an icy patch is caused by a controllable condition—a store has no gutters, a damaged roof or other similar issues that may allow water to build up and freeze. In these cases, a good lawyer can help prove that the ice was a foreseeable danger worsened by a preventable condition.
Each case is different, so if you or someone in your family recently slipped and fell on ice, give us a call and let us help determine if you have a case. Our Long Island personal injury lawyers will answer all your questions, let you know your legal options and help determine your best course of action.
If you are injured in a public park or building—such as a school, post office, government building—you need to sue the proper municipality responsible for that site. So for a county park, such as Eisenhower Park, you would sue Nassau County. Because there are stricter timeframes and specific forms and procedures when you sue the government, it is important to have an experienced lawyer help to ensure that the proper paperwork is filed in time and then help build you a strong case backed up with evidence.
The first step the lawyer will do for you is file a Notice of Claim with the proper municipality you intent to sue. A Notice of Claim is a legal document describing the accident and informing the city of your intent to sue. In New York and New Jersey, you have 90 days to file a Notice of Claim or you lose the right to sue. That is why it is so important to contact a lawyer as soon as possible and make your intent known.
Want more information? Give us a call and let us answer any questions you have. If you think you have a case, we can sit down with you to fully discuss your accident and let you know
When a special needs individual is in an accident, they have the same rights–including the right to hire an attorney and sue for damages—as everyone else.
If they do decide to hire an attorney, there are some special considerations that should be made to ensure that the legal strategy takes into account their best interests.
This includes asking the following questions:
- Is the individual psychologically able to handle involvement in the case?
- Is the individual able to provide testimony? Is that in their best interest?
- Are there any special provisions that need to be made at the trial so the individual is able to testify or share their side of the story in another way?
- How traumatic was this incident? Has this recent accident aggravated any psychological issues? This may influence a decision for a quicker settlement
- the benefit to them of their testimony outweighing any emotional, psychological or physical difficulties they may encounter?
- Are they already receiving social services? How can these be protected?
- How will any money rewarded be safeguarded?
We Can Discuss Your Concerns
Do you have questions or concerns about a recent accident involving you or a family member? Are you nervous about calling an attorney because a special needs individual is involved? Let us ease your fears—contact us for a free consultation and to ask any questions and let us know any special concerns or reservations you have about taking legal action. We are on your side to help fight for your rights and we will do our best to make the entire legal process as easy as possible.
Were you recently injured in an accident and are meeting for the first time with your Long Island accident attorney?
Not sure what you need to bring or what you need to know?
Here is a short list of information you should be prepared to tell the attorney as it relates to your injury:
- Date, time and place the injury took place
- Names and addresses of any other parties involved in the accident
- Name and addresses of any witnesses
- Medical records and bills
- Name and address of the ambulance company and hospital you went to, if relevant
- Name and addresses of any doctors, chiropractors, or other medical professionals who examined you
- Dates of any follow-up care you received, and names and addresses of any additional specialists you went to
- Dates you were unable to work due to your injuries and any documentation of lost wages
- Name and contact information for your insurance company, insurance agent and any other insurance representatives you have talked to, as well as any correspondence you had with them.
- A copy of your accident report
- Relevant insurance information
- Health insurance documents, including your policy or coverage information
- Receipts for expenses related to any injuries or damages that were a result of the accident
- Any photographic evidence you may have
- For a traffic accident, any insurance information that was exchanged as well as a description of any vehicles involved
- Photographs of any property damage caused by the accident
It is important to realize that the at-fault driver’s insurance company does not have your interests in mind—they are looking to resolve the claim as quickly and inexpensively as possible. That is why you should talk to a personal injury lawyer as soon as possible and before discussing the accident or accepting any check from the other driver’s insurance. Your lawyer will have your best interests in mind and will make sure your financial settlement takes into account the full extent of your injuries, including any future medical costs, pain and suffering, lost wages and any other costs associated with the injuries.
If you’ve been hurt at a sporting event by a drunk fan, you might have a case against the venue as well as the fan. When sports teams play games, the venue has an obligation to ensure the fans’ safety. This means having proper crowd control, security, and safe conditions. When alcohol is served, the venue as well as the concession staff have an added responsibility to ensure that those purchasing drinks are legally old enough and are not already overly intoxicated.
Some questions to ask: Was the drunk fan old enough to be served alcohol? How many drinks was this fan served? Was he already obviously intoxicated and served more drinks? Was he acting recklessly for a significant amount of time without anyone stopping him? Was security adequate at the event?
Over the years, Goldstein and Bashner has dealt with many cases involving injuries at Nassau Coliseum, Madison Square Garden, Citifield, The Meadowlands, and other venues in the New York City and Long Island area. We have helped to see that these accident victims receive compensation for any damages that they may have sustained. If you’ve been injured at a sports event or anyplace else due to an alcohol-related accident, there may be numerous parties liable. Please contact us for a free evaluation. We’ll discuss your case, let you know what to expect from the legal process, and answer any questions you have.
There are time-sensitive deadlines, called statutes of limitations, which restrict the amount of time you have to file a lawsuit. In NY, the deadline is 2 years from when the person passed away. You will lose your eligibility to receive compensation if you do not file by the deadline.
There are certain exceptions to this rule. For example, if the only person entitled to file a wrongful death claim is a minor child, the statute of limitations may be extended until the child is 18 years old.
No amount of money will bring back your loved one, but sometimes it helps pay bills and ensures your family can carry on without the financial support of the person who died. Please contact the Law Offices of Goldstein and Bashner today to schedule your free wrongful death consultation. Our compassionate lawyers will answer any questions you may have.
Construction workers and others who spend time in and around construction sites are often at risk of serious injury, especially from dangerous construction equipment accidents. Liability for a dangerous construction machinery accident depends on the cause of the accident, who owns the machine, and your relationship to the owner. In some cases, the liable party may be your employer, a subcontractor, or even the machine manufacturer.
Your Employer Causes the Injuries
When your injuries occur due to your employer’s negligence, you will likely only be able to recover workers’ compensation. This makes it difficult to get all of the money you need to cover your injuries, if they are severe.
However, under New York State Labor Law § 241, if your employer violated certain safety codes, you might be able to hold him or her liable. We can determine whether your case meets the specifications.
A Third Party Causes the Accident
Often, there is more than one employer working on a construction site at the same time. If one of these parties is liable for your injuries, you can file a claim for compensation.
This might be the case if a negligent contractor from another firm hits you with a crane arm or crushes you or a loved one with a wheel loader.
You might also be able to hold a third party liable under Labor Law § 241.
A Defective Machine Causes Your Injuries
In some cases, the machine itself has a defect or problem that causes an accident. Defects in construction machinery can occur in many ways, including:
- Poor materials
- Problems in the manufacturing process
- Missing labels or warnings
- Insufficient directions for use
- Lack of maintenance
When a defect in the machinery causes an accident and your injuries, you can file a third-party claim against the designer, manufacturer, or distributor responsible for the defects.
Identifying the liable party in a defective machine case requires identifying how the defect occurred. This is often difficult, but we can help you gather all the necessary evidence and analyze the possibilities. We also work with expert witnesses who can help us better understand the process of designing and manufacturing heavy machinery and how the defect could have occurred.
Goldstein & Bashner: Long Island Construction Accident Attorneys
If you suffer injuries due to dangerous construction machinery, the first thing you need to do is notify the property owner and get medical care. Make sure you document all your injuries, and write down as much information as you can about the accident.
As soon as your health stabilizes, give us a call. At Goldstein & Bashner, we can help you determine who is liable for your construction accident. We will explain all your legal options, and help you pursue the one that works best for you. Call us today at 516-874-4362 to schedule your free case evaluation with a construction accident attorney.