Serious Injury From a Fall on an Icy Sidewalk — Facts and Statistics

Posted on December 28, 2015September 23, 2020 by one400-dev

Serious Injury From a Fall on an Icy Sidewalk — Facts and Statistics

New York is subject to harsh winter weather conditions, with temperatures often plummeting to below freezing and many snow storms moving through the area during the season. Recent years have brought increased levels of snow and ice. A pedestrian can suffer serious injury from a fall on an icy sidewalk, and in many cases, will need many months of treatment to recover. The most serious injuries result in permanent impairments. Injuries associated with icy sidewalks can include:

Broken bones
Traumatic brain injury
Spinal cord injury
Permanent impairment, physical, cognitive, or both
Hip fractures

What the Facts Tell Us About Falls: A Problem for the Elderly

Statistics issued by the NYC Department of Health and Mental Hygiene reveal falls are the leading cause of injuries for older adults. There are five New York neighborhoods in which the risk of a fall is higher, according to the agency: Staten Island, east Manhattan, and northwest Bronx. Other neighborhoods with high numbers of falls include West Queens and Flushing-Clearview. When sidewalks are icy, the risk of a fall is far higher; when a property owner has failed in his or her duty to keep the walking surfaces safe, it is time to take action and seek justice.

An icy sidewalk is a risk for a pedestrian of any age. No matter how sturdy the footwear, a patch of ice makes it almost impossible to avoid a dangerous, or potentially deadly slip and fall accident. CBS New York recently reported that unkempt sidewalks and violations of snow and ice clearing regulations are at their worst in the Bronx. Abandoned buildings and foreclosed properties are not maintained, leaving those in the area dealing with hazardous walking conditions.

Compensation for a Fall on an Icy Sidewalk in New York

Depending upon the severity of the injuries sustained by the victim, the compensation may range into the hundreds of thousands of dollars, or even higher for permanent injuries or death. Your future health, both physically and financially, is at stake, and you cannot take any chances when seeking fair compensation.

Cases involving a fall on an icy sidewalk require careful, professional, legal work. Attorney Justin D. Brandel is recognized throughout the legal community as a zealous advocate for the injured. He is responsible for many high value settlements, and is prepared to assist you immediately after a fall on an icy sidewalk. Take advantage of the firm’s offer of a free case evaluation, and find out how much your slip and fall case may be worth in compensation.

December 28, 2015
9:43 pm

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I Fell on an Icy Sidewalk — What Now?

Posted on December 21, 2015September 23, 2020 by one400-dev

I Fell on an Icy Sidewalk — What Now?

Property owners and managers are required to clear snow and ice from the sidewalks in front of the property. If you fell on an icy sidewalk, you may have legal recourse. Did the property owner or manager fail to clear the ice as required under the NYC code? The code requires the following:

Between the hours of 7 am and 5 pm, property owners are required to clear snow and ice within four hours.
Between the hours of 5 pm and 9 pm, the sidewalks are required to have snow and ice cleared within 14 hours.
Between the hours of 9 pm and 7 am, sidewalks must have snow and ice cleared by 11 am.

Property owners of commercial buildings, residential properties, and government buildings are all subject to this requirement. If you slipped and fell on an icy sidewalk and were injured, it is crucial that your case is evaluated by a skilled personal injury lawyer to help you determine how to seek compensation for your injuries and other damages.

Unfortunately, icy sidewalks pose a serious safety hazard for pedestrians. Ice covered with fresh snow can often lead to severe or deadly injuries that could have been avoided had the walking surface been cleared as the law requires. Public property must also be cleared, including bus stop shelters, park paths, and walking areas in front of schools, police stations, and post office buildings.

Injured in a Fall on an Icy Sidewalk in New York?

Unfortunately, slip and falls are one of the most common and potentially deadly accidents. According to the CDC, one out of every five falls results in a serious injury, including fractures and head injuries, often with long term health consequences. The agency reports staggering statistics — over 700,000 people are hospitalized every year nationwide, with the majority suffering hip or head injuries.

Slips and falls are the most common cause of traumatic brain injuries. These are potentially deadly, and when the person recovers physically, he or she can be left with either cognitive or physical impairments. Some of the most common injuries sustained if a person fell on an icy sidewalk in New York include:

Broken wrist
Broken ankle
Broken arm
Hip fractures
Head Injuries
Neck injuries
Spinal cord injuries
Traumatic brain injury

Are you suffering from injuries sustained after you slipped and fell on an icy sidewalk? Connect with personal injury attorney Justin D. Brandel for help. You may have the right to pursue full compensation from the property owner, whether you fell in front of commercial, residential, or government property. The firm will fully investigate the facts and can advise you of your rights, what to expect, and the potential value of your claim. With an extensive record of success in personal injury law and a high-powered litigator managing your case, you can be confident that it will be handled with the highest level of professional skill.

December 21, 2015
9:50 pm

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Hit by a Taxi? How to get Justice

Posted on December 16, 2015September 23, 2020 by one400-dev

Hit by a Taxi? How to get Justice

NYC city streets are flooded with taxis, and the drivers frequently take risks. All of us who live and work in the metro area have probably experienced at least one “near miss.” Recent months have brought a spate of deadly pedestrian accidents, with a shocking number of deaths — 18 fatalities in just one month, one of whom was a 9-year-old boy who died after being struck by a taxi while crossing the street with his father.

Why You Need a Lawyer After Being Hit By A Taxi

After being hit by a taxi, it can be confusing to determine where to turn for help, particularly when there are serious injuries or when a family is dealing with the sudden loss of a loved one. Attorney Justin D. Brandel is a litigator who takes his duty to his clients very seriously. Cases involving being hit by a taxi tend to be complex with regard to liability. Taxis are covered by commercial vehicle insurance and may be privately owned, or owned by a corporation. The first step in litigation is to identify the liable parties.

A full investigation into the facts may include:

A full review of police reports
Interview of eyewitnesses
Investigation of the accident scene
Collecting and reviewing any video evidence
Identifying the liable party(ies) and their insurers
Calling upon professional resources such as medical experts, accident reconstruction experts, and financial experts to assist

Each case involving a pedestrian being hit by a taxi must be managed with the highest level of professionalism. Commercial insurance companies hire expensive defense lawyers. These attorneys are tasked with reducing the value of claims against the company. Attorney Justin D. Brandel has garnered a reputation in the legal community as a tough, no-nonsense litigator who does not back down when facing off against these attorneys. Call today if you or a loved one was hit by a taxi. You need a professional litigator to negotiate the terms of a settlement with these corporate defense lawyers.

One of the first issues these attorneys review is the reputation of the opposing counsel. Who you select to represent is not a minor issue. It is absolutely critical that your lawyer has experience at trial, and a track record of success in personal injury claims. Many personal injury law firms prefer to quickly wrap up a case, and may shortcut the process, or want to avoid taking a case to trial. Ensure that your personal injury lawyer is a trial lawyer. When the defense lawyers discover that you are represented by a seasoned litigator, they sit up and listen.

Attorney Justin D. Brandel is focused on seeking justice for those who have been injured after being hit by a taxi. He has garnered a reputation in the legal community for his many positive case outcomes. Take advantage of his skills, reputation, and his personal commitment to those he represents. Call today for more information if you or a loved one has been hit by a taxi in the Bronx, Brooklyn, Queens, New York, Staten Island, Nassau, and the communities in Westchester and Rockland Counties.

December 16, 2015
9:52 pm

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Hit by a Car While Crossing the Street? The Sad Truth About Pedestrian Accidents in New York

Posted on December 7, 2015September 23, 2020 by one400-dev

Hit by a Car While Crossing the Street? The Sad Truth About Pedestrian Accidents in New York

Hit by a car while crossing the street in New York? Staggering numbers of people are left with serious or fatal injuries when a driver fails to yield — the most common driver error, according to the Department of Transportation. New York City has its share of aggressive drivers, and unfortunately, innocent people can pay the ultimate price.

Were you, or someone you love, hit by a car crossing the street, and left injured? You are not alone. Statistics issued by the DOT show that a shocking 52% of the city’s traffic fatalities are pedestrians hit by a car, truck, or taxi. Those who were injured by a negligent driver should seek help from a pedestrian accident lawyer as soon as possible. Close family members who have lost a loved one have the right to pursue justice and compensation by filing a wrongful death claim.

Pedestrians Hit By Cars In New York: An Epidemic

Drivers injured 1,536 pedestrians and bicyclists in just one month in NYC. To date, the DOT reports 12,042 pedestrians were injured in 2014. The facts indicate that the problem is not getting better, with 17 pedestrians dying in just the month of October. Families are left struggling to deal with the consequences. The costs of emergency medical care, surgeries, and in some cases, long term care, are astronomical. Based upon the severity of the injuries, the outcome could be many weeks, months, or a lifetime of care.

Settlements and Verdicts in Pedestrian Accidents in New York

The law allows for a claim or lawsuit to be filed against a negligent driver who has injured another person. Whether the negligent driver was operating a commercial truck, a passenger vehicle, or a taxi, a claim or lawsuit has the aim of holding the responsible party accountable. The lawyer you choose to represent you can make a significant difference in the amount you recover in a settlement or verdict. It is important that an injured pedestrian is represented by a personal injury lawyer who has a record of positive results.

Generally, insurance companies seek out ways to reduce payouts for injuries and deaths. They employ various strategies in this effort, often including blaming the injured pedestrian for the accident. It is not uncommon for an insurance company to contact the injured person or the family directly after a pedestrian accident, and try to initiate the process of negotiating a settlement directly.

Unfortunately, those who are not familiar with personal injury law are at risk of signing off on a settlement offer that is far lower than it should be. Attorney Justin D. Brandel has garnered a reputation in the legal community for his ability to negotiate high-value settlements. Get real help from a pedestrian accident lawyer who you can trust to pursue fair and full compensation.

Don’t fall prey to tactics that could leave you cheated out of what you deserve in a settlement. Mr. Brandel is a skilled litigator and trial lawyer who has won against some of the top insurance company defense lawyers in the New York area. Call for more information.

December 7, 2015
9:55 pm

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Is New York City Liable if I Fell on an Icy Sidewalk

Posted on December 1, 2015September 23, 2020 by one400-dev

Is New York City Liable if I Fell on an Icy Sidewalk

New York law requires homeowners, building owners, and retail businesses to maintain sidewalks that abut their property in a reasonably safe condition. There is also a notice requirement regarding a hazardous or dangerous condition whereby if the owner had actual notice of the icy condition or ‘constructive notice,’ then they may be liable for any resulting injuries to pedestrians. Constructive notice refers to a condition that lasted for a sufficient period that the owner should have been aware of.

Although this would seemingly immunize New York City from liability under these circumstances, the city still remains liable for an icy sidewalk if it abutted a municipal building or public walkway. City agencies could include Metro North, the Port Authority, the New York City Housing Authority, the Sanitation Department, and others who are responsible for maintaining walkways.

The City of New York is also responsible for clearing sidewalks that are adjacent to 1, 2 or 3 family owner occupied homes as well as if the slippery condition occurred on city owned properties. Of course, the city is entitled to the same notice requirements, actual or constructive, regarding the icy sidewalk if the condition was unreasonably hazardous. It also must have had a reasonable time to remedy the slippery condition.

Comparative Fault

New York is a pure comparative fault state. You can be partially at fault for causing your own injuries and still recover compensation so long as you can prove that another party, such as New York City or one of its city agencies, was also negligent. Your damages will be reduced by your percentage of comparative fault. For instance, if your damages are $100,000 and you were 45% at fault, you would recover only $55,000.

In a slip and fall case against the city, the defense attorneys will question you closely about your conduct, clothes you were wearing and the open and obvious nature of the hazard. You may be asked what kinds of shoes you wearing, if you were in a hurry or late to an appointment, talking on a cell phone or otherwise inattentive. You do have a duty to exercise reasonable care for your own safety, which the city will assert includes wearing non-skid shoes following a snowfall or icy weather, walking cautiously and being aware that you are walking in snow where other less dangerous routes were possibly accessible.

Following an accident, you will likely be contacted by a city attorney or investigator. Do not give any recorded or written statements without first consulting or retaining an experienced premises liability attorney.

Filing Deadlines

If the city is a defendant, there are strict filing deadlines that if missed, can result in dismissal of your claim. You only have 90 days following your accident on city owned property or that for which the city was responsible to notify the proper city department or agency. If your claim is rejected or you are unable to resolve it, you have one year from the date of the accident to file your claim in court.

Retain Slip and Fall Lawyer Justin Brandel

Justin Brandel has been handling premises liability matters, including slip and fall cases against private property owners or the city of New York, for more than 7 years. His experience and dedication to his clients in all boroughs and including Nassau, Westchester and Rockland counties have earned him the trust of numerous clients for whom he has obtained substantial awards at trial or in settlement. Contact his office today for a free in-depth analysis of your injury claim.

December 1, 2015
4:58 pm

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Month: December 2015