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Slip and Fall Accidents Are No Joke

Slip and Fall Accidents Are No Joke

From The Three Stooges to the classic cartoon character stepping on a banana peel, slipping and falling has been used as fodder for comedians for decades. But the reality is that slip and fall accidents are far from funny — in fact, they account for more than eight million emergency room visits per year in the US, making them the leading cause for ER visits. Falling can result in serious health problems or loss of life. If the slip and fall accident led to serious injury for you or your loved one, and is the result of another party’s negligence, you are entitled to pursue compensation for economic and noneconomic damages.

The key to recovering damages in a slip and fall case, or any personal injury claim, is to establish that there has been an act of negligence. Whether your slip and fall accident occurred on public, private, government, or commercial property, if the property owner failed to take reasonable precautions to protect the safety of those who are present on the property, a claim can be filed to seek compensation for all damages.

How the Property Owner/Manager May Be at Fault

Many slip and fall accidents take place in commercial buildings, such as grocery stores or other places of business. The business can be held responsible for your accident if one of the following is true:

The owner or an employee caused the hazard that led to the accident. If the premises owner or one of its employees spilled the substance that caused you to slip, or otherwise created an uneven or dangerous walking surface, this is an element of fault.

The owner or an employee knew about the hazard and did not correct it. If you can demonstrate that someone was aware of the dangerous condition but did not take action to repair the problem, this is a clear example of negligence.

The owner or an employee should have known about the hazardous condition. This last case is the most difficult to prove, but is a common category under which most slip and fall cases are negotiated. The standard for negligence in this area is that a reasonable person caring for the property and taking reasonable precautions would have noticed the hazard prior to the accident.

Slip and Fall Accidents: An Attorney You Can Trust

At the Law Offices of Justin D. Brandel, we know slip and fall accidents, and have a breadth of experience in personal injury cases as well as a long record of high value settlements and verdicts. Contact us to discuss the details of your case and let us help you determine how to best move forward legally.

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Serious, Catastrophic and Fatal Motorcycle Accidents in New York

Serious, Catastrophic and Fatal Motorcycle Accidents in New York

Motorcyclists in New York are at high risk of suffering serious, catastrophic or fatal injuries when in an accident. The New York State Department of Motor Vehicles reports that in 2014 there were a total of 4,357 motorcycle accidents, or about 112 occurring in the state every day of the year. A further investigation into the facts reveals 142 fatal accidents, with 148 people killed and 4,105 people injured in that year.

Of the shocking numbers of injured people, 893 suffered serious injuries (about 20 percent of the total injured), 1,204 suffered moderate injuries, and 1,682 sustained minor injuries. The DMV also reports that a high percentage of these accidents were the result of driver distraction, at 15.4 percent. 10.3 percent were the result of following too closely, and 17.9 percent were due a driver failing to yield right of way.

Serious injuries include motorcycle crashes in which a person sustained broken bones, spinal cord injuries, traumatic brain injuries, disfiguring injuries or accidental amputations, among others. These injuries can come with lasting consequences; the victim may require a lifetime of care in the worst cases. If the injuries can be successfully treated, it may require many months or even years before normal day-to-day life is restored. The losses sustained can leave a person with permanent impairments, unable to work or live life as he or she did prior to the motorcycle accident.

Any person who has been injured in a motorcycle accident caused by a negligent driver, whether the driver was drunk, speeding, or inattentive can incur sobering economic and noneconomic damages. The offending party must be held accountable. A person who is unable to work, and is now living with serious impairments or facing many months of medical care and rehabilitation, could potentially seek financial compensation for the following damages:

  • Medical bills
  • Hospital bills
  • Wage loss
  • Lost earning potential
  • Transportation costs
  • Rehabilitation
  • Other financial damages (based on case)
  • Pain and suffering
  • Loss of quality of life
  • Loss of consortium

Wrongful Death Claims in Motorcycle Accident Cases

A family who has lost a loved one in a fatal motorcycle accident caused by another party has the right to pursue compensation for losses, by filing a wrongful death claim. These claims pay specific family members various types of damages. As with any injury claim, the statute of limitations in New York restricts the time in which a wrongful death claim can be filed, and it is critically important that these deadlines are met.

Justin Brandel — A Powerful Advocate

Attorney Justin Brandel has made seeking justice for the injured his life’s work. With an outstanding record of success in injury claims, he has a reputation as a powerful advocate for his clients, who works hard and takes every case very personally. Who you choose to represent you matters. Call the Law Offices of Justin D. Brandel for immediate assistance, and a free case evaluation. No fees unless we win.

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Auto Accidents in New York Leave Families Struggling

Auto Accidents in New York Leave Families Struggling

The New York Times reports that traffic deaths in the city are decreasing, but if you are one of the hundreds of families who has a loved one suffering serious or fatal injuries, the statistics are not reassuring. The numbers of people dying from injuries fell to 230 in 2015 — but that still means more than one person dies from an auto accident every other day. The New York State DMV reveals that in the most recently reported year there were 66,554 auto accidents in New York City, or about 182 each day. In these auto accidents, 45,315 people sustained injuries.

If you drive in New York City, the facts suggest that you are putting your life on the line. 25 percent of the auto accidents involved a distracted or inattentive driver, 14.4 involved a failure to yield right of way, and 15 percent involved following too closely. Of these tens of thousands of accidents, many led to innocent people suffering severe injuries or left with permanent damage. In that year, 2,576 people sustained serious injuries, 5,032 sustained moderate injuries, and 28,070 sustained minor injuries.

Families can be left struggling to pay bills, with a loved one hospitalized, in pain, with an uncertain outcome. The financial situation can become dire within a few months. Recovering compensation not only allows for justice to be served, it provides financial support to the injured, with damages paid for the following:

  • Medical bills
  • Rehabilitation costs
  • Loss of income from work
  • Loss of earning potential
  • Loss of quality of life
  • Pain and suffering
  • Other damages, based on case.

If you were seriously injured in a New York auto accident, it is imperative that you take the right legal actions, and as early as possible after the accident occurred. It may be difficult to consider the financial consequences of the accident, particularly if you or your loved one is hospitalized and suffering. If another party was at fault, you have the right to pursue full compensation. Unfortunately, it can be difficult to be treated fairly by the insurance company. These companies operate for profit, and use various tactics to convince injured people to accept and sign off on lowball settlements. Don’t let this happen to you and your family.

Step One: Get the Right Attorney

Your first step, as soon as you are able, should be to get legal representation from a qualified and experienced auto accident lawyer. The difference in the amount you are paid in a settlement can be significant. Your lawyer will advocate for you and your interests, and understands how injury cases are valued, and will help you fight for a fair settlement.

New York auto accident lawyer Justin Brandel has made a name for himself through consistently achieving high value settlements for his clients. He is a powerful litigator and stands firm for his clients, demanding justice and full compensation. Call his firm today for more information and a free case evaluation.

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