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Slip and Fall Accidents — Who Is At Fault?

Slip and Fall Accidents — Who Is At Fault?

A slip and fall accident can be very dangerous, and many are seriously injured every year in New York. The winter months pose greater risks due to the ice and snow brought in by storm systems. Under New York law, property owners or managers are required to clear the ice and snow accumulated in public walking areas, but in many cases, property owners fail to follow the rules — and innocent pedestrians pay the price.

The law requires that property owners clear ice and snow once the snow has stopped falling. The hours of removal are specific, and New York City government lists them as follows:

  • If the snowfall ends between 7 am and 5 pm, the property owner must clear sidewalks within 4 hours.
  • If snowfall ends between 5 pm and 9 pm, the sidewalks must be cleared within 14 hours.
  • If snowfall ends between 9 pm and 7 am, sidewalks must be cleared by 11 am.

In a perfect world, all would take responsibility, follow the laws, and do everything reasonably possible to keep others safe from harm. Unfortunately, this is not a perfect world. Every year, thousands of people slip and fall on New York City sidewalks, crosswalks, entryways, stairways and other areas. The question is — who can be held accountable?

Negligence and Slip and Fall Cases in New York

The answer lies in the legal concept of negligence. Did the property owner fail to remove snow or ice, or fail to warn a visitor to the property of the risk of a slip and fall? Who owned the property — a homeowner, commercial enterprise, government agency, or the City? Once the negligent party or parties are identified, an injury claim can be filed to recover compensation for the slip and fall accident. It is strongly advised that you get legal help from a skilled slip and fall lawyer in New York. Based on the initial investigation to identify the liable parties, there may be a very limited window of time in which to legally file an injury claim.

If the slip and fall occurred on the street, on public property, there is far less time in which to file an injury claim than cases involving a private party. It is advised that you discuss your situation with a qualified lawyer to help you determine what to do, and the deadlines that must be met. If you fail to file within the statute of limitations, there is literally no case, and no chance to seek financial compensation or get the justice you deserve.

Talk to a Slip and Fall Lawyer Who Has a Long Record of Success

Attorney Justin Brandel is an advocate for the injured, and has made it his mission and his life’s work to help them seek justice. With an extensive track record of high value settlements and verdicts, you can be fully confident that everything possible will be done to help you pursue the maximum level of compensation in your case.

Speak with an attorney about your case today.

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Construction Site Accidents: An Epidemic in NYC

Construction Site Accidents: An Epidemic in NYC

The City of New York is experiencing a construction boom, with huge projects underway in every part of the city and across the boroughs. Construction workers have no trouble finding employment — but are they safe? The New York Times reports that the staggering numbers of injuries and deaths on construction sites are often the result of developers, builders, or contractors cutting corners on safety regulations. These accidents were completely avoidable had the responsible party adhered to New York’s strict construction safety laws.

Both federal and state laws are in place for worker protection. In a report entitled “The Price of Life,” it is revealed that nearly 20 percent of occupational fatalities occur in New York, even though the state’s economy only accounts for 4 percent of national employment. Working construction has inherent risks, but a failure to ensure construction workers have proper safety protections has left many families bereft after the death of a loved one, or facing the consequences of a loved one who is so severely injured that he or she can no longer work. The types of construction activities that have proven to be the most dangerous, as listed by the U.S. Department of Labor, include:

  • Working at an elevation. Falls to a lower level made up 49 percent of the construction industry fatalities in two recent years. With 80 percent of roofing and siding contractors being found to be in violation of safety laws, workers have died needlessly.
  • Electrocutions. Construction workers are often fatally injured when energized electrical lines come into contact with tools or other metal components.
  • Struck by Object. Falling tools or other items endanger all those who are busy working below. As these injuries are frequently to the head and skull, either death or traumatic brain injuries with permanent consequences can occur.
  • Caught in or Between. Workers that get caught in or between moving machinery, vehicles, items being moved by cranes or lifts, loaders, or other situations can leave a worker either permanently or fatally injured.

Nonunion Employers: The Biggest Offenders

OSHA reports that 79 percent of fatal New York construction accidents occurred at nonunion sites. Contracting companies that cut corners for higher profits, hire undocumented workers, and fail to provide the required safety gear or ensure that safety regulations are in place are putting workers in harm’s way. OSHA inspectors have found construction sites that have no fall protection, such as the required guard rails, and that workers were using ungrounded power tools that could result in electrocution. At least one serious violation of OSHA safety requirements was present in 80 percent of the fatal construction accidents.

OSHA reports that the following violations were common in accidents in which a construction worker died after a fall:

  • Broken guardrails
  • Failing anchor bolts
  • Cracked planks
  • Unprotected platforms
  • Scaffolding collapse in windy conditions
  • Stuck scaffolding buttons
  • Scaffolding that breaks
  • Scaffolding improperly anchored
  • Unprotected skylight
  • Broken ladders
  • Elevator shafts without barrier
  • Collapsed flooring or floor planks

Get Trusted Legal Counsel in a Construction Accident Case in New York

Attorney Justin Brandel represents injured construction workers, as well as families who have lost a loved one in a construction accident. He has an impressive record of successful cases, and is personally committed to every person he represents. Call today for immediate assistance in a New York construction accident injury case.

Speak with an attorney about your case today.

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Auto Accident Injury Claims: Legal Strategies That Work Share

Auto Accident Injury Claims: Legal Strategies That Work Share

Not only can auto accidents be traumatic events with long-lasting health consequences, they also leave the injured with significant financial stress. If you or a loved one was injured or killed in an auto accident that was not your fault, then it is your legal right to seek monetary compensation from the responsible party.

Sometimes it is possible to negotiate a favorable settlement with the insurance company outside of court, but in some cases, it is necessary to move forward to trial. Whatever the specifics of your car accident injury claim may be, the likelihood of recovering the damages to which you are entitled is dramatically increased when you enlist the services of a personal injury attorney with a breadth of experience in auto accident cases and a track record of high value settlements and verdicts.

Legal Approaches to Car Accident Injury Claims

While no two cases are the same, there are various legal strategies that can assist the injured to have the best chance at a favorable outcome. At The Law Offices of Justin D. Brandel, we are committed to assessing the facts in your case and choosing the legal avenue that is most appropriate and advantageous. Our strategic approach in car accident injury claims may involve one or more of the following actions:

  1. Don’t accept the first settlement offer the insurance company makes. Despite what they may say, the insurance company is not concerned about protecting your interests; they are trying to get the case settled, and reduce the value of the claim. The first offer is rarely reasonable. The insurance company hopes to settle before you engage the services of skilled legal counsel, and may even try to dissuade you from speaking with an attorney.
  2. Think beyond the most obvious damages. While medical bills and the direct costs of repairs to your car are easy to quantify, you are entitled to far more compensation than these obvious categories. Other common expenses that can be recovered in a personal injury case include medical bills that multiply in cases of serious injury, lost wages due to the inability to function normally, the cost of repairing or replacing other property that may have been inside your vehicle, transportation costs, rehabilitation, and pain and suffering. In the case of catastrophic injuries with lasting impact, loss of quality of life and loss of future wages/earning potential will come into play.
  3. Demonstrate clear negligence by the other driver. In order to recover compensation, it will have to be established that another driver was at fault for the accident and engaged in negligent driving behavior. Whether the case involves a drunk driver, distracted driver, speeding, texting or other issue, evidence must be presented to establish these facts. Often a police report clearly outlines which driver was at fault. Other evidence may include pictures of the accident scene, witness accounts, and other documentation.

Contact an Auto Accident Injury Lawyer

It is of great importance to your future health, both personally and financially, that you enlist the services of a car accident injury attorney who knows the law and who will advocate for your best interests. At the Law Offices of Justin D. Brandel, we have an impressive track record of favorable outcomes in auto accident cases, so give us a call today.

Speak with an attorney about your case today.

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Motorcycle Accidents: Settlements and Verdicts for Injury or Death

Motorcycle Accidents: Settlements and Verdicts for Injury or Death

Motorcycle accidents are inherently more dangerous than those involving other vehicles, and are far more likely to result in serious injury or death. The lack of a protective exterior, limited visibility for other motorists, and relative instability add up to serious risk for both experienced and inexperienced riders. But even the most seasoned riders can find themselves the victims of terrible and potentially fatal motorcycle accidents, often the direct result of another motorist’s negligent driving conduct.

Personal Injury Settlements for Motorcycle Accidents

Depending on the facts, a case may never make it to a jury, and will be settled through negotiations between the insurance company and your motorcycle accident lawyer. Negotiating a fair settlement requires skill, experience, and the ability to craft a powerful case. As the plaintiff, (the person filing the lawsuit), the quality of your legal representation can have a significant impact on the final negotiated settlement sum.

Damages that can be collected through a personal injury lawsuit for a motorcycle accident can include medical bills, lost wages, lost earning potential, pain and suffering, and loss of quality of life, depending upon the degree of the injuries sustained. While medical costs are fairly easy to quantify, it it more difficult to assign other damages a dollar amount. The process of “valuing” a case involves a full investigation into the facts, including medical records, available resources in insurances, and other details.

Motorcycle Accident Verdicts: Liability and Damages

If the insurance company of the negligent driver refuses to make a reasonable settlement offer, the case can be taken to civil court for resolution, where a jury can decide on the level of damages to award. A jury will be tasked with making the decision about the level of compensation the injured motorcyclist deserves. Insurance companies are often known for making reasonable offers at the 11th hour, as the risks of putting the case before a jury are high. Your lawyer should be a talented litigator that is very familiar with negotiating settlements or presenting a persuasive case in court.

The Importance of a Motorcycle Accident Attorney

When you’ve been injured in a motorcycle accident, or lost a loved one, you deserve to be paid full compensation from the responsible party. Unfortunately, insurance companies typically offer settlements that are far too low, in the hopes that the offer will be accepted. Don’t fall prey to these tactics — there is no going back once you sign off on a settlement.

An experienced personal injury attorney can not only fight for a full and fair settlement in negotiations, but also address the jury with a well-crafted case, fully documented and supported by evidence and witnesses. At the Law Offices of Justin D. Brandel, we are committed to seeking maximum compensation for those who have suffered serious injuries in motorcycle accidents.

If you need a New York motorcycle accident lawyer, contact us. We are advocates for the injured, and have an extensive record of high value settlements and verdicts.

Speak with an attorney about your case today.

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