New York Injury Lawyer Blog

Find a Good Accident Lawyer and Know Your Rights for NYC Bicycle Safety

2008-05-11T00:16:28Z

When a car or truck has an accident with a bicycle, the bicycle rider usually loses, no matter who legally had the right of way. Bicycle riders should take extra care to obey the following safety tips:

*Remember: Bikes Are Vehicles, Too*

]]> Legally, bicycles traveling on a road are required to be treated the same way as any other vehicle traveling on the road. This means that bicyclists need to obey the same laws as other drivers. Don't run red lights, change lanes without signaling, or commit other infractions. If you would not do it in a car, don't do it on a bike.

*Wear a Helmet*

The easiest way to protect yourself is to always wear a helmet when you ride. Some jurisdictions require all riders to wear helmets but, even where it is not required, wearing an approved helmet can significantly reduce the chance of serious head injuries in the event of an accident.

*Be Visible*

Because bicycles are much smaller than cars and trucks, it is important to make sure that others using the road can see you. Make sure that your bicycle has reflectors on the front and back and even on the wheels. When riding at night, wear light-colored clothing and consider using a light.

*Be Aware*

The best safety advice is to be aware of the conditions around you and be careful when riding. Always look both ways when entering a street and stay on the correct side of the street when riding. Keep a lookout for drivers who may not be looking out for you. Like other drivers, bike riders should ride defensively.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, including Brooklyn, can provide you advice relative to vehicle/bike accidents and personal injury. Without an attorney, you may not be protecting you and your loved ones or know all your rights.

Do's and Don't if you are in a Personal Injury Lawsuit in New York City Do Hire a Top Injury Lawyer

2008-05-09T15:35:49Z

While no one looks forward to being involved in a personal injury lawsuit, keeping in mind some simple do's and don'ts should help to make your case as simple as possible.

* DO keep all appointments regarding your case, especially those with your lawyer and your doctor(s).

]]> * DON'T keep any information about your injuries from either your lawyer or your doctor, even if you think this information is obvious.

* DO keep accurate records about your expenses (especially about your prescriptions), any time you miss from work, and all other expenses related to your case. Receipts are helpful.

* DON'T forget that the defendant's insurance company is on the other side of your case. It does not represent you and it does not have your best interests in mind.

* DO maintain contact with your lawyer, ask about anything you do not understand, and communicate your thoughts and concerns. Remember that your lawyer's paralegal can answer many questions.

* DON'T listen to legal advice from friends, family, and other amateurs. You hired your lawyer because he or she is the expert.

* DON'T discuss your case with strangers.

* DO keep a positive attitude.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, including Manhattan, can provide you advice relative to your legal rights. Without an attorney, you may not be protecting you and your loved ones or know all your rights.

Be Alert for Medical Malpractice in NY Area and if you think there is contact an Injury Lawyer immediately

2008-05-04T00:20:21Z

A missed diagnosis. A botched operation. Amputation of the wrong limb. It seems that horror stories like these appear on the news almost every day. Although most people who are sick or injured recover, a study has shown that at least 44,000 people, and perhaps as many as 98,000, die from mistakes made by their doctors every year. Because of the need to lower costs and to process patients more efficiently, some doctors feel pressured to reduce testing and treatment in the name of cost savings.

]]> In light of this, many patients feel that the quality of medical care they receive has declined, and they wonder if anything can be done when mistakes happen. There is something that can be done. A claim for "medical malpractice" can be made.

Although the most sensational cases tend to make the news, medical malpractice covers almost any error a doctor or any other health-care provider (hospital, nurse, etc.) might make in treating a patient. Maybe the doctor gives a wrong diagnosis, orders the wrong kind of treatment, orders treatment to begin too early or too late, or makes a blunder while treating the patient. All of these errors are considered "malpractice."

Despite appearing to be very straightforward, medical malpractice cases can often be difficult to prove, for several reasons. First, many medical malpractice cases are never recognized as such, because it is difficult for non-doctors to know when a doctor has made a mistake. For every case where the doctor clearly does something wrong (like amputating the wrong leg or leaving a scalpel in a patient) there are dozens of cases where the doctor's error is much less obvious. Second, the complexity of modern medicine means that proof of malpractice usually requires expert medical or scientific testimony, testimony that is difficult for ordinary people on a jury to understand. Finally, if the patient dies, it is sometimes difficult to prove that the death was caused by the doctor's mistake rather than by the original illness.

In addition to compensating the victims of medical malpractice, successful medical malpractice suits often help to expose incompetent doctors and lead to improvements in hospital procedures to insure that others patients do not suffer. If you suspect that you or someone you love has been injured by a doctor's mistake, call us. We can help you, and your lawsuit might just help someone else.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area including an office in Baldwin, Long Island can provide you advice relative to medical malpractice injury. Without an attorney, you may not be protecting you and your loved ones or know all your rights.

When You Have a Clothes Dryer Fire and are injured in NYC area call a new york injury attorney

2008-04-18T21:55:51Z

It may surprise you to learn that one of the most dangerous home appliances you own may be your clothes dryer. It is estimated that dryers are responsible for over 15,000 fires every year--fires that cause millions of dollars in property damage and over 300 injuries and 10 deaths each year!

The primary cause of dryer fires is the failure to clean the lint trap regularly. In order to work, dryers use a tremendous amount of heat, and a build-up of lint provides perfect tinder for a potential fire. People sometimes allow dryer vents to become blocked, which permits excessive heat to build up inside the dryer. Also, people dry items (such as plastic shoes or rugs with foam backing) made of materials that can melt or catch fire if heated in a dryer.

]]> In order to operate your dryer safely, be sure to clean the lint filter after each load. Periodically check the vent to make sure it is clear, and do not dry either flammable materials or any clothes that have been soaked in flammable substances such as alcohol, gasoline, and spot removers. Follow the instructions that come with the dryer and, if you suspect your dryer has an electrical problem, have it repaired before use. These simple steps will not only make your dryer last longer, but will ensure that you are not the victim of a dryer fire.

If a legal problem arises, call a New York accident lawyer.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to fire damage at your home and working with your insurance company. Without an attorney, you may not be protecting you and your loved ones... know all your rights.

When a Animal Attacks in New York City area...get yourself a good Personal Injury Attorney

2008-04-16T01:54:29Z

Every year, tens of thousands of people are injured in animal attacks. Although most victims are not seriously hurt, some are, and a number are even killed. The following information will answer some of the more frequently asked questions about such injuries.

What Should I Do?

]]> If you have been attacked by an animal, the first thing is to seek medical care for your injuries. Almost as important is to get information about the animal and, if possible, its owner. If you have been attacked by a wild animal or an animal that you cannot identify, your doctor may insist that you get protective rabies shots, a painful experience.

If you have been attacked by an animal that belongs to someone, you may be entitled to compensation for your injuries. Make sure that you can identify, for example, the dog that attacked you. Also, get some basic information about the owner of the dog, such as his name, address, telephone number, and insurance information. Act much in the same way as you would after having a traffic accident with another driver. Call an New York Injury attorney so your rights can be protected.

Making a Claim

Making a claim for injuries caused by an animal attack is usually a matter of contacting the insurance company of the animal's owner. Although the insurer will likely try to convince you that you do not need an attorney, don't listen to that bad advice. It is in the insurance company's best interest to talk you out of getting legal help, so be sure to consult with a New York attorney to protect your rights. You are ALWAYS entitled to talk to a lawyer and, in the end, you will recover more money, not less, with the help of a qualified attorney.

Don't's

If you are contacted by an insurance company after an animal attacks you, DON'T do any of the following:

* DON'T talk about or put in writing any details of the attack.

* DON'T discuss payment for your injuries.

* DON'T sign any release.

* DON'T permit yourself to be photographed or tape recorded.

* DON'T discuss who is responsible for the attack.

* DON'T DELAY! Call our office immediately.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to animal bites--whether you are the dog owner or the injured party. Without an attorney, you may not be protecting you and your loved ones or know all your rights.

Have you been injured by Toxic Substances in New York? If You Have Then You Need a New York Personal Injury Attorney

2008-04-15T02:13:16Z

Over the past century, the world has seen a number of industrial advances that have improved both the length of our lives and our standard of living. Unfortunately, an unintended byproduct of these industrial advances has been the increasing number of dangerous and toxic substances polluting the environment.

Although many people recognize the names of some of the most famous (or infamous) disasters such as Love Canal or Three Mile Island, there are hundreds, if not thousands, of sites all over the United States that are too contaminated with toxins to be used, and which await cleanup by the Environmental Protection Agency. Perhaps you unknowingly live near one of these contaminated sites.

]]> Dangerous substances are everywhere. Many older buildings still have lead-based paint, which can cause brain damage, especially in children. That's why it is important to have a good NewYork Injury Lawyer to know your rights. For years, workers were regularly exposed to asbestos, which is now known to be a leading cause of lung problems and cancer. Dry-cleaning chemicals and other solvents can cause brain damage and organ failure; pesticides used on crops can cause birth defects; waste that seeps out of a landfill can cause such varied problems as groundwater contamination and leukemia--the list goes on and on.

With the rise in the number of these toxins, there has been a similar rise in so-called "toxic tort" cases. A toxic tort case is nothing more than a lawsuit to recover for an injury or a death that is caused by exposure to some toxic substance.

Toxic tort cases can be difficult and expensive to win. Often, people become ill without knowing why and it may take years to trace their problems back to the specific toxin causing the illness. Because corporate polluters are hardly eager to advertise their involvement with poisoning the environment, tracking down the party responsible for the toxins can also take years. Finally, the connection between the toxin in the environment and the injury must be shown, which usually requires expert scientific, medical, and engineering testimony to connect the dots. People who bring toxic tort suits against polluters often have to prove that they have, in fact, been injured and that they are not hypochondriacs who are merely imagining some problem that does not actually exist.

If you have been injured from toxic substance exposure and are considering legal action, please contact a New York lawyer for advice and guidance. Given the complexity of such cases, having good legal counsel is vitally important to help you file a legitimate claim, to make sure that you do not miss some deadline for filing your claim, to prepare the necessary legal paperwork, and to help you present your case to the jury.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to injury from toxic products. Without an attorney, you may not be protecting you and your loved ones... know all your rights.

If you have been injuried in New York City, don't delay seeking professional help and hire a New york Injury Lawyer.

2008-04-15T02:05:12Z

We have all heard that "haste makes waste," but this may not be true when you have been injured. Whether your injury was caused by an animal attack, a car accident, or a defective product, you should contact our firm as soon as possible. One reason for this is that your injury starts the ticking of a legal clock, known as the "statute of limitations." A good New York Injury Attorneys can help you protect your rights within the proper time period.

A statute of limitations is nothing more than a legal rule that limits how long you may wait before bringing a claim against another person. If you do not make your claim before the statute of limitations passes, the law may prevent you from ever doing so.

]]> Statutes of limitations are followed strictly by our courts. If you are even a single day late, your claim may be dismissed--"close enough" does not help with the statute of limitations.

So how long is the statute of limitations for an injury claim? The general answer is that it depends on the facts of the case and the way in which you were injured. CALL US AS SOON AS POSSIBLE AFTER AN ACCIDENT OR INJURY so that a New York lawyer can evaluate your case. We'll make sure that the statute of limitations' clock doesn't run out on you.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to personal injury. Without an attorney, you may not be protecting you and your loved ones and taking advantage of all your rights .

Scaffold Accidents and Injuries in NYC Require Top Flight New York Accident Lawyers

2008-04-14T02:01:39Z

Construction workers have one of the most dangerous occupations, with thousands of people killed on jobsites every year and many more injured. Some of the most common construction accidents involve scaffolds or other types of lifts. These accidents can be very serious and usually result either from falls due to defective scaffolding or from objects plummeting from scaffolding that injure a worker below. Moreover there are special laws that protect scaffold and construction injuries. That's why its important to have a New York Injury Attorney who handles this type of case.

]]> Unfortunately, suits involving injured construction workers are often more difficult to handle than other kinds of injury cases. An injury or death at a construction site involves the acts of many workers employed by different companies, each of whom is pointing at someone else as the party responsible. The question of liability can turn on whether a party is the property owner, the general contractor, the subcontractor, or someone else. Because of these complexities, it is vital to have a New York Injury lawyer involved in a construction injury case ASAP.

If you or a loved one has been injured on a construction site, contact our office and let us go to work for you.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to injuries on the job. Without an attorney, you may not be protecting you and your loved ones or know all your rights.

After You Have an Auto Accident in New York Call An Injury Attorney

2008-04-09T02:07:59Z

Many people think that common sense dictates what is to be done after an auto accident. Maybe so, but our common sense can desert us under stress. It is a good idea to keep this simple checklist in your car with your other important papers (registration, etc.).

* Get help for anyone injured.

* Call the police if someone is injured or killed, if a vehicle can't be moved, or if the accident involved a hit-and-run driver.

]]> * Move your car, if possible, to avoid blocking traffic and to protect it from further loss or damage. But be careful--many people are injured at accident scenes each year by other drivers who are not paying attention.

* Get the other driver's name, address, telephone number, license plate number, driver's license number, and insurance information. Give the other driver the same information.

* Record the insurance company name and the policy number exactly as they appear on the other driver's proof-of-insurance card. Similar company names can cause confusion.

* Don't sign anything except a ticket, citation, or report issued by the police.

* Notify your insurance company promptly. It will want the names and addresses of witnesses and injured persons.

* Never sign any document that gives up a legal right.

* Contact a New York lawyer to find out about your right to recover for your injuries.

If you have been in an accident and have questions about whether you need a lawyer or whether you have a right to monetary damages, call us. Decisions that must be made after an accident are very important. We can advise you and, if appropriate, deal with the insurance company or other parties on your behalf.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to personal injury. Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area. Without an attorney, you may not be protecting you and your loved ones. A New York attorney will make you aware of all your rights.

The Costs of Lawsuits: In NY the Numbers Don't Add Up..A Personal Inury Lawyer gets the truth out.

2008-04-03T22:01:47Z

A debate rages in the country today: Is there a "lawsuit crisis" and, if so, what does it cost? Those who claim that there is a crisis often cite a report from consulting firm Tillinghast-Towers Perrin (TTP) claiming that lawsuits cost the country $246 billion a year. The problem with this "fact" is that the numbers just don't add up.

A group of respected economists hired by a nonpartisan think tank found that the conclusion from the TTP report was "one-sided" and "misleading." Their study shows that the actual "costs" of lawsuits are less than one-third of the amount claimed. The TTP numbers were inflated by including things such as the insurance industry's administrative expenses (which would be paid even if no lawsuits were filed) and payments on insurance claims. The economists fault TTP for using data that cannot be verified, because the authors claim their calculations are secret. These economists reject the claim that all Americans pay a "tort tax" as "indefensible."

]]> Insurers, big business, and others use false numbers to demonize New York injury lawyers and to convince the public that a lawsuit seeking just compensation for injuries caused by someone else is wrong. Don't be fooled.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you pertinent legal advice. Without an attorney, you may not be protecting you and your loved ones... know all your rights.

What to do if you are injured after a SUV rollover in NewYork City

2008-04-02T02:21:22Z

If you or someone you know has been injured in a rollover accident involving an SUV, take the following steps immediately:

1. Take pictures of the location of the accident and of the roadway, showing the layout of the road and any tire marks or scrapes.

]]> 2. Take pictures of the SUV and other vehicles involved in the accident. You cannot have too many photos.

3. Preserve the vehicle. If the SUV is totaled, the insurer will either pay you the value and keep the SUV or pay you the value minus the salvage cost and allow you to keep the wreck. BUY THE WRECK, or else it will be lost.

4. Gather important documents, including police reports, the names and contact information of witnesses, and medical bills.

5. Contact a New York Injury Lawyer.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to personal injury in vehicle accidents. Without an attorney, you may not be protecting you and your loved ones... know all your rights.

A New York Injury Lawyer can tell you who pays if you are attacked by someone’s pet?

2008-04-02T01:59:11Z

If you are injured by an animal attack, who pays?

Usually, it is the insurance policy covering the owner of the animal and/or the property where the attack occurred. Most homeowner's policies will cover injuries caused by the homeowner's pets, and some homeowners even carry special animal insurance coverage.That's when an experienced New York Personal Injury Attorney can help. You need to decide how to get the injured person covered for his/her damages.

]]> If the pet owner is not insured, this does not mean that he is off the hook. If he is legally liable for your injuries, he is also responsible for paying your damages, although they may be more difficult to collect.

The one person who should not have to pay is the victim: Your injuries are not your fault, and you should not have to bear the cost. If you or a loved one has suffered an animal attack, contact a New York Injury attorney at our office immediately.

How a New York Injury Lawyer protects your rights in New York auto accidents

2008-03-22T02:10:31Z

HERE'S WHAT A NEW YORK INJURY ATTORNEY AT OUR FIRM CAN DO FOR YOU

1. Evaluate any bodily injury claim to determine the amount of money to which you are entitled.

2. Help you with the property damage portion of your claim.

]]> 3. Resolve complex issues and negotiate an overall settlement.

4. Deal with your doctors, obtain your medical records, reports, and billing statements, and notify medical care providers as to who to bill.

5. Have an investigator interview witnesses, take statements, and photograph the accident scene and your vehicle.

6. File a lawsuit, if necessary.

Stephen Bilkis & Associates, with convenient locations throughout the New York Metropolitan area, can provide you advice related to personal injury. Without an New York attorney, you may not be protecting you and your loved ones... know all your rights.

In New York, the questions is: What is legal "negligence" in personal injury?" Ask a New York Personal Injury Lawyer

2008-03-13T22:04:23Z

You may have noticed that when a big lawsuit makes the news, the jury in the case is often asked to figure out if one of the parties was "negligent." But just what does it mean to say that someone is negligent, in a legal sense?That's where a good New York Personal Injury Attorney can help and make things easier

The answer is that it means pretty much the same as it does in everyday conversation--that someone was careless. A basic statement of legal negligence is that a person "did not act as a reasonably prudent person would under the same circumstances." However, a finding that a person has been legally negligent involves several different elements.

]]> For example, most people would agree that a driver who runs a stop sign and hits a pedestrian has been careless, but has he been negligent? To find legal negligence, a court must first find that the person "breached" a duty owed to others. In our example, every driver owes a duty to others to be careful when driving a car, and running a stop sign violates this duty.

The negligent act must also cause damage. If the driver broke the pedestrian's arm, this injury could mean that the driver was negligent. Finally, the damage caused by the negligence must have been "foreseeable." Because most people would expect that a driver who runs a stop sign might hit someone, chances are that a court would find that the driver was legally negligent. In real life, most negligence questions are more complex than this example and can be complicated even more by the fact that sometimes more than one person was negligent.

A New York Injury lawyer can help to determine whether negligence is a factor in your case.

It's Important to have a NewYork Injury Lawyer

2008-03-11T02:18:32Z

THE VALUE OF A NEW YORK INJURY LAWYER

Many insurance claims are settled between the person making the claim and the insurance company without the involvement of a lawyer. But, every once in a while, we are reminded that a fair settlement cannot always happen unless you have a New York Personal Injury Lawyer to represent you to the insurance company and, if necessary, to the judge and jury.

]]> Allstate Insurance Company was sued because of a claims practice it uses where it does everything it can to discourage people from hiring an attorney. In this case, the victim of a collision caused by an Allstate-insured driver was told by the Allstate adjustor that she did not need an attorney. The adjustor also advised the victim to sign a release of her legal claims.

The court ruled that the adjustor had violated the duty she owed to the injured claimant. Because the adjustor acted like the victim's lawyer, she should be held to the same standard as a lawyer.

This case teaches a valuable lesson. It is very important to remember that insurance companies often do not have your best interests in mind. They frequently try to settle claims for as little money out of their pockets as possible. If you feel that an insurance company is treating you unfairly or you suspect that you are getting the "runaround," get legal help.

Sometimes a New York Injury lawyer is just the thing you need.