tag:blogger.com,1999:blog-20497938252403472622024-03-13T09:29:08.292-07:00Kucher Law GroupKucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.comBlogger40125tag:blogger.com,1999:blog-2049793825240347262.post-70580061721557762502023-06-07T08:19:00.001-07:002023-06-07T08:19:39.613-07:00Terms of Service<p id="qri-code"><iframe style="border:none;" scrolling="no" marginheight="0px" marginwidth="0px" allowfullscreen="allowfullscreen" src="https://chart.googleapis.com/chart?chs=150&cht=qr&chl=https://www.rrklawgroup.com/terms-of-service/" width="150px" height="150px" frameborder="0"></iframe></p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-55276471272212174052023-05-19T05:45:00.001-07:002023-05-19T05:45:08.007-07:00Grocery Store Slip & Fall Accident Settlement In New York<p>Grocery shopping is part of everyone’s everyday life. People do not expect to be hurt when doing their shopping. However, if you slip and fall while doing so, it can change your life in a big way</p>
<p>New York City grocery store owners have a responsibility to make sure that their store is safe for everyone. This means they need to take steps to prevent slip-and-fall accidents in areas where both employees and customers go.</p>
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<p>Slip and fall accidents can lead to long-term injuries that can make it hard for you to earn money or get a job later on. However, speaking to an experienced <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">NYC slip and fall lawyer</a> can help you <a href="https://www.rrklawgroup.com/how-to-file-a-slip-and-fall-claim-in-new-york/">file a slip and fall injury claim</a> and help you seek the compensation you need for your injuries. This compensation can include medical bills, lost wages, and any other costs you incurred because of your injury.</p>
<p>Kucher Law Group’s team of <a href="https://www.rrklawgroup.com/">New York personal injury attorneys</a> have years of experience in helping clients seek the maximum settlement they deserve. Contact us today to schedule a consultation. </p>
<h2 class="wp-block-heading">New York Average Settlement for Grocery Store Slip and Fall Accidents</h2>
<p>People are often curious about how much compensation they could get for injuries sustained in a slip or trip at the grocery store. New York has no standard amount for settling slip and fall cases. There are many factors affecting how much money you can receive for your injuries.</p>
<p>If you have been hurt in a slip-and-fall accident due to the store’s negligence, it is important to speak with an experienced personal injury lawyer right away. A skilled lawyer may be able to help you pursue a case or help you negotiate so that you receive the settlement amount you deserve. Contact Kucher Law today for a free consultation with an experienced NYC slip and fall lawyer. </p>
<h2 class="wp-block-heading">Premises Liability in a New York Grocery Slip and Fall Accident</h2>
<p>To prove a premises liability case in a grocery store slip and fall accident, it is necessary to show that someone who worked at the store created the dangerous condition or that they knew about the dangerous condition but did not fix it or warn customers about it in a reasonable amount of time. This can be difficult to prove because the dangerous condition is often temporary, like a spill that can happen at any time.</p>
<p>At Kucher Law Group, we have experienced attorneys who know how to prepare a strong case to prove that the store is responsible for the accident. We will talk to employees and witnesses, get video footage, and hire experts to investigate the store’s practices and inspections. The store or their insurance company might say that the customer was careless or not paying attention, but we will fight against that and make sure the store takes responsibility for their negligence.</p>
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<h2 class="wp-block-heading">Common Causes Of Slip And Falls In New York Grocery Stores</h2>
<p>Legal cases involving slip and fall accidents can be very complicated, especially when it comes to proving how the accident could have been avoided. When making a legal case for slip and fall accidents, it can be helpful to show what could have been done to prevent harm and to demonstrate that the grocery store did not do enough to keep their customers safe. </p>
<h2 class="wp-block-heading">There are four main reasons why people slip and fall in supermarkets:</h2>
<ul>
<li>Spills aren’t cleaned up quickly and properly.</li>
<li>Dangerous areas aren’t blocked off with clear signs.</li>
<li>Walkways aren’t completely blocked off to protect customers from slipping if the spill is large.</li>
<li>Employees who are responsible for cleaning aren’t wearing appropriate shoes on the job.</li>
<li>Employees clean an area without alerting customers of a slippery condition</li>
</ul>
<p>If you or a loved one has been hurt in a grocery slip-and-fall accident, speak to an experienced slip-and-fall lawyer right away. A skilled lawyer may be able to guide you through the process and help you recover the compensation you deserve for your injuries. </p>
<h2 class="wp-block-heading">Four Elements Needed to Prove Negligence in a Grocery Slip and Fall</h2>
<p>If a grocery store fails to ensure your safety while you’re shopping, they can be held financially responsible for any harm caused. To establish their liability, you need to prove that they were negligent under the premise liability principle. To successfully prove the store’s negligence, you need to show the following:</p>
<ol>
<li><strong>The store owes you a Duty of Care:</strong> Grocery stores are required by law to take reasonable steps to keep their customers safe while they’re shopping. This includes the entire store, the surrounding area, and the parking lot.</li>
</ol>
<ol start="2">
<li><strong>There was a Breach of Duty:</strong> If the grocery store knew or should have known about a dangerous condition, like a spill on the floor, but didn’t do anything to fix it within a reasonable time, they can be held responsible for any harm that it causes.</li>
</ol>
<ol start="3">
<li><strong>The accident occurred because of the breach:</strong> If you were hurt because of the grocery store’s negligence, like slipping on a spill that they didn’t clean up in time, they can be held liable for your injuries.</li>
</ol>
<ol start="4">
<li><strong>You suffered an actual injury:</strong> To receive compensation for your injuries, you need to prove that you suffered a physical injury as a result of the grocery store’s negligence.</li>
</ol>
<p>The first two elements are often not disputed. However, questions about whether the store’s actions caused the accident and the actual harm suffered by the victim may be challenged.</p>
<p>A lawyer can help explain the meaning and requirements of pursuing a slip and fall injury case. Big stores may try to avoid being responsible for the accident by using legal tricks to blame the injured party. Skilled personal injury lawyers can recognize these tactics and challenge them. Schedule a free consultation with the slip and fall lawyers at Kucher Law today. </p>
<h2 class="wp-block-heading">The Importance of Having a Slip and Fall Attorney in New York</h2>
<p>When you file a legal claim for slip-and-fall in New York, you will be called the plaintiff. In order to prove that the grocery store was negligent and caused your injuries, you must be able to prove the four elements mentioned above. A lawyer can give you more information about each element, especially as they relate to a slip and fall accident at a grocery shop.</p>
<p>While the first two elements of negligence are not often disputed, defendants may attempt to avoid liability by using legal tricks that shift the blame onto the injured party. These tactics can be easily recognized by experienced personal injury lawyers and they can create solid arguments to counter the defendant’s claims.</p>
<p>You should hold the defendant responsible for any harm they cause you. This can be done in one of two ways: causation or damages. </p>
<p>In causation, the defendant might try to claim that someone or something caused their injury, or that their negligence has nothing to do with the injured party’s injuries. These claims can be disproven by skilled personal injury attorneys who can present your case to jurors in a persuasive way.</p>
<p>Damages refer to the actual loss you have suffered. This includes medical expenses, lost wages, and pain and suffering. These losses must be attributed to the defendant’s inability to provide a safe environment. An experienced attorney may be able to invalidate any claims that the defendant might make to minimize their liability.</p>
<p>An attorney can help you make informed decisions if you’re concerned that the defendant might try to avoid liability for your injuries. Contact Kucher Law Group today to schedule a consultation. </p>
<h2 class="wp-block-heading">How Long Do Slip and Fall Cases in New York Take to Settle?</h2>
<p>Typically, a simple case involving a slip and fall in New York City can take from six months to three years to conclude. Nevertheless, this time frame is only an approximate estimation. The duration of your case will depend on various factors, including the intricacy of the matter, how much time it takes to gather evidence, and whether you opt to settle or go to trial with the assistance of your personal injury attorney.</p>
<h2 class="wp-block-heading">Getting the Help of New York Grocery Slip and Fall Accident Lawyers at Kucher Law Group</h2>
<p>If you or a loved one has been injured in a slip-and-fall accident at a grocery store in New York, it’s important to take action and protect your rights. Don’t let the store and their insurance company blame you for their negligence. You deserve compensation for your injuries and losses.</p>
<p>As an experienced slip-and-fall lawyer in New York, Kucher Law is here to help you navigate the legal process and fight for the justice you deserve. <a href="https://www.rrklawgroup.com/contact/" target="_blank" rel="noreferrer noopener nofollow">Contact us</a> today at <a href="tel:9292748000" target="_blank" rel="noreferrer noopener nofollow">(929) 274 8000</a> for a free consultation and let us help you hold the negligent party accountable.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-64460637091938879542023-05-17T10:55:00.001-07:002023-05-17T10:55:13.584-07:00Average Payout For Slip and Fall Injury<p>Slip and fall incidents can happen due to several factors. While some may occur due to people simply slippig, several conditions can increase the likelihood of such accidents. Common indoor causes include wet floors, incorrectly waxed surfaces, and torn or bulging carpets. On the other hand, slip and fall accidents can be caused by outdoor factors like inclement weather, poorly shoveled snow and ice that is not properly removed, and insufficient lighting. Though injuries from such accidents can arise from almost any circumstance, many slip and fall incidents can be prevented by taking appropriate precautions.</p>
<p>When a slip and fall injury due to someone’s negligence results in significant injury, it is critical to hold the person responsible accountable for their actions. Victims of slip and fall accidents may be entitled to compensation for the injuries sustained. Injuries arising from slip and fall incidents can be painful, frustrating, and financially draining.</p>
<p>Settlement amounts for a slip and fall lawsuit can vary based on the severity of the injury, total loss of wages, and others. To obtain compensation, it is advisable to seek the help of an experienced <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">New York slip and fall attorney</a>. At Kucher Law Group, our team of skilled slip and fall lawyers may be able to help you obtain the compensation you deserve. Call us today at (929) 274-8000 to schedule a consultation.</p>
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<h2 class="wp-block-heading">Factors Affecting Payouts for Slip and Fall Injuries</h2>
<p>When it comes to seeking compensation for slip and fall injuries, there are several factors that can impact the settlement value, such as:</p>
<p><strong>Severity of injury:</strong> The resulting injuries from a slip and fall can range from mild bruises and cuts to more severe fractures and concussions, requiring extended medical attention such as surgery or physical therapy. The cost of medical treatment can increase the compensation a slip and fall injury victim is entitled to, with any associated medical care covered in a potential settlement.</p>
<p><strong>Pain and suffering:</strong> The value of pain and suffering is subjective, but several common factors are considered, such as the nature and extent of the injury, length and type of treatment, and prognosis for recovery.</p>
<p><strong>Medical expenses:</strong> The amount of medical expenses is a significant factor influencing the settlement value and includes expenses for hospital stays, surgeries, treatment, long-term care, and physical therapy. The claim for medical expenses may also cover anticipated future medical care.</p>
<p><strong>Lost wages:</strong> If the injuries disable the plaintiff from working, the settlement may include compensation for lost wages not only from the accident date but also the remainder of their anticipated work-life.</p>
<p><strong>Degree of fault:</strong> The settlement amount may vary depending on the degree of fault the defendant bears for the accident. The settlement may be higher if the defendant is mostly or entirely at fault compared to a situation where the plaintiff shares some blame.</p>
<p>If you’ve been injured in a slip and fall accident, it’s important to understand the various factors that can impact the potential value of your settlement. Seeking the guidance of an experienced New York slip and fall attorney may be able to guide you through the complex legal process and help ensure you receive fair compensation for your injuries.</p>
<h2 class="wp-block-heading">Average Settlement for Slip and Fall Cases</h2>
<p>It’s difficult to determine an average settlement amount for slip and fall cases since each case is unique. The monetary value of a case depends on various factors, including the circumstances leading up to the accident and the severity of the injuries sustained.</p>
<h3 class="wp-block-heading">No Evidence of Causation</h3>
<p>If the plaintiff cannot prove that the defendant was negligent, they will receive only minor damages, regardless of the extent of their injuries. For instance, if someone falls and breaks their ankle at work, and there’s no evidence of a spill or clutter that caused the accident, the owner is not considered at fault. Even if the plaintiff experienced a severe injury, they may only be able to recover a small settlement of less than $10,000.</p>
<h3 class="wp-block-heading">Minor Injuries With Evidence of Causation</h3>
<p>In some instances the defendant’s negligence is evident but the plaintiff sustains relatively minor injuries. In such scenarios, the plaintiff may be awarded a higher settlement, albeit with limited damages. The settlement amount could fall within the range of $10,000 to $15,000, but due to the wide range of minor injuries, this figure may fluctuate significantly, either lower or higher depending on the damages the plaintiff incurred.</p>
<h3 class="wp-block-heading">Severe Injuries With Evidence of Causation</h3>
<p>If the victim suffered significant injuries and can prove causation, they have a better chance of receiving a higher settlement. In such cases, insurance companies are more likely to agree to higher monetary compensation to prevent the case from going to court.</p>
<p>For instance, if a store owner fails to clear the sidewalk outside the store after a snowstorm and an older adult slips on the ice, sustaining a broken hip and a concussion, the victim could receive a significant settlement. A strong case can be made for a substantial settlement based on the need for continued medical treatment and clear proof of the store owner’s negligence. Moreover, the store owner is expected to have a comprehensive insurance policy with high liability limits, which creates greater flexibility in settlement negotiations.</p>
<h2 class="wp-block-heading">How To Maximize The Payout Value of A Slip and Fall Injury</h2>
<p>If you’ve been injured in a slip and fall accident, you may be wondering how to maximize your payout. </p>
<p>One of the most critical steps is to act promptly and thoroughly document the incident. Taking photos of the scene and collecting contact information from witnesses can help prove liability. Seeking medical attention as soon as possible is also crucial, as it allows for a proper assessment of your injuries.</p>
<p>Maintaining a record of the incident is also essential. Keeping a journal with notes on the fall’s circumstances, medical appointments, pain levels, and daily activities affected by the injury can help prove your claim.</p>
<p>It’s also advisable to consult with a slip and fall lawyer before speaking with the insurance company. Any statements made to the insurance company can be used against your claim. However, having legal representation can protect your interests and ensure that all conversations with the insurance company are handled appropriately.</p>
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<h2 class="wp-block-heading">Hiring An Experienced Slip and Fall Attorney</h2>
<p>A slip and fall accident can result in serious injuries and significant financial losses, especially if the victim is unable to work or requires ongoing medical treatment. In such cases, it may be necessary to hire a slip and fall lawyer to help pursue compensation for damages. </p>
<p>A skilled New York slip and fall attorney can help negotiate with insurance companies or represent you in court to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. At Kucher Law Group, personal injury attorney Samantha Kucher and our team of slip and fall lawyers may be able to provide guidance and support throughout the legal process, ensuring that your rights are protected. Our team may be able to help you receive the best possible outcome in your case. <a href="https://www.rrklawgroup.com/contact/" target="_blank" rel="noreferrer noopener nofollow">Contact us</a> today at <a href="tel:9292748000" target="_blank" rel="noreferrer noopener nofollow">(929) 274-8000</a> to learn more about how we can help.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-31076823866022853892023-04-11T05:33:00.001-07:002023-04-11T05:33:55.842-07:00How Much Is A Bedsore Lawsuit Worth?<p>Bedsore lawsuits can be valued anywhere between low five figures and several million dollars depending on the particular case. However, nothing is guaranteed. The value of a bedsore lawsuit can be affected by many things, such as the location where the lawsuit is filed, the resident’s overall health, relationships with family members, the insurance coverage available, and the skills of the attorney. A case that is otherwise strong could be made less so by a specific set of facts.</p>
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<p>Families can file a bedsore suit against negligent nursing homes to recover financial damages for the pain and suffering and make it easier to get the care their loved one deserves as well as to move them to another facility. </p>
<p>Each case is different and each individual has a unique set of circumstances that will impact the final outcome. A thorough analysis of the case by a qualified <a href="https://www.rrklawgroup.com/bedsore-lawyer/">New York City bedsore lawyer</a> may help determine the average amount of a lawsuit for bedsore injuries. Kucher Law Group may be able to help you. Call us at (929) 274-8000 to speak with our experienced NYC bedsore attorneys. </p>
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<h2 class="wp-block-heading">Factors That Can Make a Bedsore Lawsuit Worth More</h2>
<p>Every bedsore case is unique. There is generally no standard procedure as to what can make the lawsuit worth more. Usually, the greater the strength of the case, the higher the likelihood that the nursing home will pay to settle the matter. There are also other factors that will likely make the case worth more. </p>
<p>In many cases of bedsore litigation, the nursing home may be able to defend itself by claiming that the resident was unable to avoid the injury. The nursing home could not have prevented the bed sore from developing, no matter how hard they tried. Diabetes, End Stage Renal Disease, Peripheral Artery Disease, and Cancer can all be used to defend against bedsore lawsuits. Your case may be stronger if the resident has fewer or no comorbidities at all.</p>
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<p class="has-black-color has-text-color">Judges and members of the jury also respond to the residents’ lives in the community, as well as the family of the victim. Nursing homes are more likely to be more willing to settle if the resident’s family is very involved in the resident’s life and has cared for them for a long time. These family members may make better witnesses should the case reach court. </p>
<p class="has-black-color has-text-color">In bedsore cases, the majority of evidence is found in hospital records and nursing home records. These documents can be used to prove abuse or neglect and can make the bedsore lawsuit stronger. </p>
<p class="has-black-color has-text-color">Another factor that can help raise the value of a bedsore lawsuit is when a former or a current employee of the facility testifies. If the former employee speaks about what they saw or how the policy and procedures were implemented at the nursing home and may have caused the injuries this can be helpful to your case. Some of the most valuable testimony can come from the employees of nursing homes.</p>
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<p>Lastly, a bedsore case is sometimes dismissed by less experienced attorneys as not worth pursuing. Having a skilled attorney by your side is another factor that may raise the value of your lawsuit. An experienced lawyer can show that a series of actions on behalf of the facility resulted in the resident’s bedsore. The case will be more valuable if the jury can see that the injuries were a predetermined outcome based on policy or budget and not only simply neglect. Speak with a highly rated Brooklyn personal injury attorney at Kucher Law Group today to learn more. </p>
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<h2 class="wp-block-heading">Stage 4 Bedsore</h2>
<p>A stage 4 bedsore is one of the most dangerous types of injuries. Long-term pressure on the skin and underlying tissues causes this type of pressure ulcer. As a result of the tissue damage induced by constant pressure, the skin, muscles, and even bones may break down.</p>
<p>Stage 4 bedsores can be one of the most severe types of bodily injury that can result from negligent medical or nursing care. They frequently occur as a result of a healthcare provider not giving patients the required attention. This kind of negligence might be considered grounds for either a personal injury or medical negligence case.</p>
<p>Patients may be qualified to file a claim or a lawsuit in the event that they get a stage 4 bedsore while being treated at a hospital or nursing home. New York laws allow patients or their families to sue and get compensation for their injuries and enable them to recover and get better care for themselves. </p>
<p>Working with an experienced New York City bedsore lawyer can help you understand your legal options and how you can hold the responsible parties accountable for your damages. Our attorneys can assist in filing a claim and securing the maximum compensation possible for your damages whether negotiating a settlement or litigating in court.</p>
<h2 class="wp-block-heading">What Makes it So Difficult To Determine The Value Of A Bedsore?</h2>
<p>Simple answer: Nursing facilities want to keep settlements a secret. A nursing home negligence or malpractice settlement is often kept secret from the public, unlike class action settlements. Hospitals and nursing homes hate negative publicity so they work hard to keep these settlements kept confidential.</p>
<p>Bedsore cases are often settled through arbitration. This is because the contracts that people sign to place their loved ones in a nursing home or hospital require arbitration in case of a dispute. Arbitration settlements are kept secret from the public and cannot be discussed by the attorneys with their colleagues or with other clients.</p>
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<h2 class="wp-block-heading">Seeking the Legal Advice of an Experienced Bedsore Lawyer</h2>
<p>Families are sometimes reluctant to make objections about their loved ones’ care, fearing the consequences of a complaint. However, it is important to hold the facilities responsible for any neglect that results in a loved one’s decline in health. A loved one’s health may be at risk if signs of neglect are not reported. </p>
<p>While making a positive difference in others’ lives, you can also ensure that the loved one receives the compensation they deserve. <a href="https://www.rrklawgroup.com/contact/" target="_blank" rel="noreferrer noopener nofollow">Contact</a> the bedsore lawyers at Kucher Law Group today to schedule a consultation. Free consultation: <a rel="noreferrer noopener nofollow" href="tel:9292748000" target="_blank">(929) 274-8000</a>.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com1tag:blogger.com,1999:blog-2049793825240347262.post-28355570201479627742023-03-31T09:28:00.001-07:002023-03-31T09:28:41.726-07:00What Causes a Ceiling To Collapse?<p>There are many older buildings in the New York area. As a result, it’s very possible to be living in a building that is at risk of leaks, roofing problems, and even ceiling collapses. This is a serious issue that can leave you dealing with significant damages and personal injury. If you or someone you know is in this kind of situation, it’s imperative to speak with a <a href="https://www.rrklawgroup.com/ceiling-collapse-lawyer/">Brooklyn ceiling collapse attorney</a> about your rights and the steps you can take in order to be rightfully compensated for your injuries.</p>
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<h2 class="wp-block-heading">What Might Cause a Ceiling to Collapse?</h2>
<p>Sturdy ceilings in Brooklyn and other New York City buildings are built to last. However, it is possible there may be defects in the foundation or roofing, which can result in a ceiling not being as strong as envisioned. This could happen when a building is very old or when a defect is overlooked by the construction team.</p>
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<p>A ceiling collapse could happen for the following reasons:</p>
<p> • Improper maintenance or no maintenance at all</p>
<p> • Weather damage including high wind, snow, or ice</p>
<p> • Wall failure and pressure from the attic</p>
<p> • Pipe leaks in the ceiling</p>
<p> • Improper support in the ceiling</p>
<p> • Violations of building code in the construction</p>
<p> • Damage from termites or other pests</p>
<p> • Damaged ceiling supports</p>
<p> • Items stored on drywall instead of joists in the attic</p>
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<p>Property owners are required to ensure that their buildings are up to safety standards. If a problem occurs and the ceiling collapses, it can result in serious injuries, which means the property owner or landlord would be held liable. At the same time, liability depends on the reason behind the ceiling collapse. Your accident lawyer can determine whether you have a valid case.</p>
<h2 class="wp-block-heading">Sagging Ceiling</h2>
<p>When a section of a ceiling starts to droop or gaps and cracks form, this is known as a drooping or sagging ceiling. It can be caused by a range of issues, from faulty building techniques to neglectful maintenance. It’s important to address a sagging ceiling immediately, as waiting could lead to a collapse with devastating consequences. While the cost of repairing a sagging ceiling and replacing furniture may seem daunting, it pales in comparison to the potential harm that could result from a ceiling collapse, such as serious injury or even death.</p>
<h2 class="wp-block-heading">Causes of Sagging Ceiling</h2>
<p>It can be risky and expensive to fix sagging ceilings. As a homeowner, it is important to create a safe space that is free from dangerous hazards. In order to do so, it is important to understand the possible causes for the sagging in your ceiling:</p>
<h3 class="wp-block-heading">A collapsing ceiling and shifting foundations</h3>
<p>If your foundation is sinking or shifting, your floors, walls, and ceilings will suffer. If your foundation is failing, you will most likely notice cracks in your walls, sagging floors, doors jamming, and paving cracks.</p>
<p>The best way to detect foundation problems is to begin your inspection on the lowest floor and work your way up. Examine your basement/lower floor walls for cracks, insect infestations, excessive moisture, and damp odors.</p>
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<h3 class="wp-block-heading">Load-bearing beams and ceiling supports</h3>
<p>Your ceiling’s strength and durability are highly dependent on structural support. Different types of ceilings call for different supporting structures. If the structure is inadequate, for instance, there are missing load-bearing beams, or the frame is undersized, the weight of the unsupported ceiling will eventually cause sagging. </p>
<p>The same principle holds true when supporting beams are spaced too widely apart, reducing the level of support in areas affected by the ceiling. It is important to keep in mind that as long as the issue is not neglected, you should be able to repair rather than completely replace the sagging ceiling.</p>
<h3 class="wp-block-heading">Leaks and Water</h3>
<p>The materials used for ceilings are made to withstand incidental surface wetness and low-level dampness, but heavier or continuous exposures can make the material heavier and lose structural integrity. The likelihood of a failure increases with the length of time that the conditions are allowed to last. If a water leak or other moisture infiltration is not fixed, it can result in a number of health and safety problems, such as ceiling collapse, tripping risks, and hazardous mold exposure. It is important to first address the source of the water damage before rebuilding or repairing supporting beams and frames.</p>
<h3 class="wp-block-heading">Excessive Insulation</h3>
<p>Although it is not the most frequent cause, using too much insulation can cause a ceiling to sag. Because each type of ceiling has a different load-bearing capability, adding too much weight will inevitably cause the ceiling to sag. If insulation is a problem, the entire ceiling may eventually sag uniformly. Again, in this case, early repair is significantly less expensive than repairing a collapsed ceiling. If insulation is the source of your problem, a trained builder or building inspector should be able to identify it quickly.</p>
<h3 class="wp-block-heading">Pests including termites</h3>
<p>If termites infest your home, the situation could quickly spiral out of control. Termites are highly skilled at destroying load-bearing or supporting timber structures. Termites can be identified by the presence of termite feces or wing droppings, damage to wooden objects such as doors and furniture, or the presence of termite tunnels adjacent to your home. Hiring exterminators to combat termites is the best course of action.</p>
<p>It is critical to have a building inspector inspect your ceiling as soon as you notice any signs of sagging. You can prevent a dangerous ceiling collapse if you act quickly and fix any potential issues. Should you be injured in a ceiling fall due to someone else’s negligence, it is very important to consult with a Brooklyn personal injury lawyer about your rights, as well as the steps you can take to be fairly compensated for your injuries.</p>
<h2 class="wp-block-heading">What Kind of Injuries Can Occur Due to a Ceiling Collapse?</h2>
<p>If a ceiling collapses, it creates a dangerous situation in more than one way. The building is exposed to the elements and has no cover. The collapse can also result in pieces of the ceiling falling on top of people inside the building, causing serious injuries. When a ceiling collapses, debris can fall inward and it can cause head, neck, or back injuries. A person can even suffer an eye injury if debris gets into their eye or strikes an eye.</p>
<p>Slip and fall accidents are also common after a ceiling collapse. It’s common for a person to lose their balance while slipping on wet debris, falling, or suffering cuts, contusions, sprains, and strains. If the fall is bad enough, they might even suffer a fracture or a wound bad enough that requires stitches.</p>
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<h2 class="wp-block-heading">Liability in a Ceiling Collapse Accident</h2>
<p>Article 301 of the New York City Construction Codes states that property owners and landlords must maintain a certain standard of maintenance for their buildings. The building owner is responsible to keep compliant with the city building code. Unfortunately, not all owners and parties involved in keeping the property safe are responsible enough to conduct regular maintenance checks and quickly repair damages. </p>
<p>A landlord or owner may be negligent in repairing ceilings that are in need of maintenance. They may also hire a contractor or repairman to repair a ceiling problem, but the contractor may fail to do the job adequately. In such a situation, the contractor or the repairman can be held responsible for the ceiling’s collapse. This is in addition to the landlord or property owner being liable for any damages caused by the collapse. In some instances, damage may even be caused by the construction of the building itself if the construction company in which case the construction company may be liable.</p>
<p>Thus, there can be multiple parties who can be held liable for a ceiling collapse. Owners, contractors, landlords, and repairmen can be held responsible if a ceiling collapses and causes injuries and property damages. If it’s proven that the ceilings were inadequately constructed, used defective materials, or if minimum legal requirements were not fulfilled, construction companies may also be held liable. An experienced ceiling collapse attorney may be able to help you create a case that establishes the liability of different negligent parties.</p>
<h2 class="wp-block-heading">How Can You Prove Negligence By a Property Owner?</h2>
<p>You must prove negligence on the part of a property owner if you’ve experienced a collapsed ceiling and suffered injuries. Premises liability makes the landlord or property owner responsible if you can prove negligence. Property owners have a duty of care to ensure that their buildings are properly maintained in a reasonably safe manner so that residents, tenants, and visitors can remain safe.</p>
<p>If a landlord or property owner was aware of the potential risks of a ceiling collapse, they could be held liable for damages. An accident lawyer can help you prepare your lawsuit so that you can recover compensation for your medical expenses, lost wages, property damage, and more. They can help you prepare your claim if the property owner was negligent in the upkeep of your building</p>
<p>To speak with an experienced ceiling collapse lawyer, please <a rel="nofollow" href="https://www.rrklawgroup.com/contact/">contact us</a> at your earliest convenience.</p>
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from Kucher Law https://www.rrklawgroup.com/what-causes-a-ceiling-to-collapse/<br />
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-36973489462772437172023-03-23T09:43:00.001-07:002023-03-23T09:43:33.300-07:00Can You Sue Someone for the Loss of Enjoyment of Life?<p>Filing a personal injury suit is a way to claim compensation for economic damages such as lost wages, medical expenses, rehabilitation and therapy fees, and property damages. However, injuries can also leave damages that cannot be measured economically. People who have been injured in car accidents caused by the negligence of others can often experience pain and suffering in the form of psychological and emotional trauma aside from physical trauma. </p>
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<p>New York law has provisions allowing the injured party to seek compensation for these non-economic damages. The process of <a href="https://www.rrklawgroup.com/how-is-pain-and-suffering-calculated-after-a-car-accident-in-new-york-city/">calculating pain and suffering after a car accident</a> is not as clear-cut compared to filing a claim for economic damages. If you have been injured in a car accident caused by the negligence of another party, an experienced <a href="https://www.rrklawgroup.com/car-accident-lawyer/">New York City car accident attorney</a> may be able to assist you in getting compensated for the economic and non-economic damages you have experienced. </p>
<p>Kucher Law Group, led by top-rated Manhattan personal injury attorney Samantha Kucher, offers quality legal representation to help New Yorkers move forward after their accidents. You don’t have to face this alone. Contact us today at (929) 274 8000 to schedule a free consultation.</p>
<h2>Loss of Enjoyment of Life Explained</h2>
<p>Loss of enjoyment of life is a legal term that refers to the severity of the impact an injury caused in a victim’s life. When a person experiences an accident that results in injuries that prevent them from having the quality of life they had before the injury, they can experience a loss of enjoyment of life. These types of injuries can often be debilitating or affect the ability of the injured party to engage in the activities they enjoyed before the accident. Common types of injuries that cause enjoyment of life include the following:</p>
<h3>Chronic Pain</h3>
<p>While pain in most injuries can ease as the patient recovers, it can continue to persist in instances where nerves are damaged or for some other medical reasons. Pain is a stimulus that helps alert the body to dangers such as injury but when the injury has healed and pain becomes a chronic stimulus, it can cause severe stress. Even if the chronic pain is not severe, it can still cause a person to have psychological and emotional trauma. Although their physical injuries have healed, a person experiencing chronic pain can suffer from sleep disruption, behavioral changes, depression, and anxiety. If not managed appropriately, their condition can also affect how they interact with others, regardless of personal or professional relationships.</p>
<h3>Head and Brain Injuries</h3>
<p>Head and brain injuries in general have a propensity for causing complications. In some cases symptoms of head injuries can take time to develop causing the injured party to think that the injury is not severe. For concussions and traumatic brain injuries, the risks to the injured party’s health can include severe migraine, nausea, swelling of the brain, loss of balance and other motor functions, and cognitive impairment. </p>
<h3>Disfigurement</h3>
<p>Injuries that cause disfigurement such as burns can cause a severe psychological impact on the injured party, especially if the scars or the disfigurement are in a highly visible part of the body such as the face. While therapy and plastic surgery can help, disfigurement can affect a person’s self-esteem and confidence. However, the impact of disfigurement is not only aesthetic or psychological, scar tissue can cause limited mobility and greatly impact how a person approaches their daily activities.</p>
<h3>Loss of Vision, Hearing, or Speech</h3>
<p>Losing the ability to see, hear, or speak can be a traumatic experience. Even losing just one of those senses can negatively impact how a person can take care of themselves. For injured persons who have lost their sense of sight, they would have to completely recalibrate how they go about in the world and it can take time until they can live independently.</p>
<p>Loss of vision, hearing, or speech can also affect a person’s career prospects and how they make a living. A person who can once take care of themselves may become reliant on technology or their loved ones just to get by. This challenging transition can cause injured parties to develop depression.</p>
<h3>Spinal Cord Injuries</h3>
<p>Spinal cord injuries can cause paralysis and loss of motor control. Depending on the type of spinal injury, a person can lose the ability to walk or control their whole body. Despite the improvements in rehabilitative medicine, it can still take a person a long time to recover some mobility and not all can recover to the level they had before the injury. Such injuries can leave an injured person not able to experience or enjoy any activities they previously did before their accident.</p>
<h3>Soft Tissue, Musculoskeletal Injuries, and Amputations</h3>
<p>Damages to soft tissues such as ligaments, tendons, and muscles, and fractures can cause a decrease in motor function. The loss of limbs can also be a traumatic event and require a person to undergo rehabilitation and therapy to adapt to their new condition. The person can also experience a period of dependence on others’ help that may also affect them emotionally and psychologically. </p>
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<h2>How is Loss of Enjoyment of Life Calculated?</h2>
<p>Loss of enjoyment of life is non-economic damage, meaning that it cannot be measured through empirical means. Calculating loss of enjoyment of life involves estimating the effect the injury or the consequences of the injury has caused on the person’s life. The jury can consider the following factors in determining the estimate:<br /></p>
<ul>
<li>The age of the injured party</li>
<li>The injured party’s educational background, work history, and other professional opportunities</li>
<li>The severity of the injuries sustained</li>
<li>The future consequences of the injuries on the person’s life</li>
<li>The nature of the activities the injured party can no longer engage in</li>
</ul>
<p>There are no receipts or physical documents that may help validate the loss. However, the testimony of the people close to the injured party as well as the expert testimony of therapists or other field specialists can also corroborate the facts.</p>
<p>Just as a person can file a claim for compensation on medical expenses for physical injuries they sustained in a car accident, injured parties can file a claim for the emotional and psychological damages that they incurred. It is important to remember that just because they are not visible, it does not mean that these damages do not exist. They are real and measurable. </p>
<p>For accidents caused by the negligence of others which may have been preventable, it is even more crucial to pursue compensation as circumstances could have been different if the accident had not happened. By including compensation for loss of enjoyment of life in a personal injury suit, the injured person can receive the financial resources they need to adapt to their new circumstances and find new activities that they can enjoy.</p>
<h2>The Importance of Working with an Experienced New York City Car Accident Attorney</h2>
<p>Compensation for non-economic damages such as loss of enjoyment of life is often overlooked but they remain to be an important part of personal injury claims. Recovery after a car accident should not only involve the physical aspect of a person’s welfare but also their mental and emotional well-being.</p>
<p>Top-rated Manhattan car accident lawyer Samantha Kucher understands the gravity of pursuing negligent parties for physical damages as well as damages for a person’s pain and suffering. An injured person should not have to face the double burden of physical and emotional trauma. Our team of personal injury attorneys works hard to deliver tailored legal solutions to parties who have been hurt due to the negligence of others. You don’t have to face this alone. <a rel="nofollow" href="https://www.rrklawgroup.com/contact/">Contact us</a> today at <a rel="nofollow" href="tel:9292748000">(929) 274 8000</a> to schedule a free consultation.</p>
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from Kucher Law https://www.rrklawgroup.com/can-you-sue-someone-for-the-loss-of-enjoyment-of-life/<br />
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-5056345902274486792023-03-22T05:58:00.001-07:002023-03-22T05:58:26.114-07:00Is New York a No-Fault Insurance State?<p>Ranking among the top 5 most populous states in the United States, New York state has a high number of car collisions. Busy traffic leads to the inevitability of car accidents, which in turn result in injuries and even fatalities. That’s why it is so important to understand the insurance policy and <a href="https://www.rrklawgroup.com/when-should-you-get-a-lawyer-for-a-car-accident-in-new-york/">when you should consult a car accident attorney</a>.<br />
It is critical to <a href="https://www.rrklawgroup.com/when-is-it-too-late-to-get-a-lawyer-for-a-car-accident/">seek the help of a skilled car accident attorney before it’s too late</a>. An experienced <a href="https://www.rrklawgroup.com/car-accident-lawyer/">New York car accident lawyer</a> can guide you through the legal process and ensure that your rights are protected. At Kucher Law Group we may help you pursue fair compensation for your losses such as medical expenses, lost wages, property damage, and pain and suffering.</p>
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<h2>What Is a No-Fault Law in NY?</h2>
<p>The No-Fault law can sound confusing to people who hear about it for the first time. One should know that the law does NOT mean nobody would be held at fault for a car collision.</p>
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<p>The No-Fault car insurance system exists in more than a dozen states in the US including New York. The No-Fault law was adopted in NY in the 1970s to help people get compensation faster and to provide financial aid to car accident victims more quickly.</p>
<p>The law applies to everyone who got involved in the car accident including pedestrians, cyclists, drivers, and passengers of the vehicles regardless of who was at fault. The victims of the motor vehicle accident can have their crash-related medical expenses, lost earnings, and incidental costs covered by the insurance company.</p>
<h2>Who Can Qualify for No-Fault Insurance in New York State?</h2>
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<p>The No-Fault law in NY state applies to pedestrians, cyclists, drivers, and passengers who got injured by a motor vehicle. There are several conditions that one must meet to qualify for No-Fault insurance coverage:<br /></p>
<ul>
<li>The car accident has to happen in New York state.</li>
<li>The driver or passenger injured in a vehicle collision has to be in the insured car. If it’s a pedestrian or cyclist then the vehicle they were hit by has to be insured.</li>
<li>The vehicle must have New York state registration.</li>
<li>The vehicle must be a car, bus, taxi, truck, or another type of vehicle covered by No-Fault law.</li>
<li>The vehicle insurance has to be issued by a company licensed to do business in New York state.</li>
</ul>
<p>Who does not qualify for No-Fault insurance?</p>
<ul>
<li>Motorcycle and motor scooter riders.</li>
<li>Motor vehicle drivers injured as a result of operating a motor vehicle while intoxicated.</li>
</ul>
<h2>Who Pays for Car Damage In A No-Fault State?</h2>
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<p>In New York, there are “no-fault” insurance laws, which means that in a car accident, each driver’s insurance pays for their own injuries, regardless of who was at fault. However, this only applies to personal injury claims, not property damage. </p>
<p>In the event of a car accident, the driver who is responsible for the accident is accountable for covering all property damage incurred. Unlike personal injury claims, anyone whose vehicle or other property sustained damage can receive direct compensation from the at-fault driver for the complete cost of the damages. Typically, liability is transferred to the at-fault driver’s insurance company, provided the driver meets state law requirements and has adequate insurance coverage. Unlike personal injury claims, property damage claims can be pursued independently.</p>
<p>If you have been involved in a car accident in New York and are struggling to navigate the complexities of filing an insurance claim for property damage, Kucher Law Group is here for you. Our experienced New York car accident lawyers may be able to help you receive the full compensation you deserve. We are committed to ensuring that you can hit the road again without having to pay for any repairs out of your own pockets. Contact us today to schedule a consultation and learn more about how we can help.</p>
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<h2>How to Claim No-Fault Insurance?</h2>
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<p>Claiming No-Fault insurance can be tricky due to many rules and strict deadlines, when it comes to filing and submitting the paperwork.</p>
<p>The application for No-Fault insurance must be filed with the insurance provider within 30 days of the car accident. The medical bills have to be submitted within 45 days of the treatment while other expenses, for example, the lost wages or household help must be submitted within 90 days.</p>
<p>The skilled car accident attorneys at Kucher Law understand the frustration and anxiety that go hand-in-hand with a car accident and are here to help vehicle collision victims and their families ensure they get the justice and compensation they deserve. If you have been injured in a car accident in New York state, call now to schedule a free consultation with a top-notch car accident lawyer, <a href="tel:9292748000" rel="nofollow">(929) 274 8000</a>.</p>
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from Kucher Law https://www.rrklawgroup.com/is-new-york-a-no-fault-insurance-state/<br />
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-34835015988981045992023-03-21T05:53:00.001-07:002023-03-21T05:53:32.493-07:00How Is Pain and Suffering Calculated After a Car Accident in New York City?<p><a href="https://www.rrklawgroup.com/is-new-york-a-no-fault-insurance-state/">New York is a no-fault state</a>. How much pain and suffering compensation you may be entitled to after a car accident, directly depends on the extent of your injury. The pain and suffering damages are not calculated on a pay-per-day or hourly basis, but rather on the severity of injuries. Compensation for victims of car accidents typically falls into two categories: specific damages and general damages. Specific damages include things such as the repair cost for your car after the accident, lost wages during the time your vehicle was being repaired, and medical treatment charges that you have incurred as a result of the accident. General damages on the other hand are more subjective and take into account things such as physical pain and mental anguish, emotional distress, or loss of enjoyment of life. </p>
<p><a href="https://www.rrklawgroup.com/when-is-it-too-late-to-get-a-lawyer-for-a-car-accident/">Before it’s too late</a>, it is recommended that you speak with an experienced <a href="https://www.rrklawgroup.com/brooklyn-car-accident-lawyer">NYC car accident attorne</a>y who can advise you on the best course of action for your specific situation. Call Kucher Law Group for a free consultation at (929) 274 8000.</p>
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<h2>What is Pain and Suffering as defined by New York Law?</h2>
<p>The physical and mental anguish suffered by victims of a car accident is called pain and suffering. This does not include medical expenses that can be easily calculated. Pain and suffering refer to the loss of ability, comfort, happiness, and opportunities that result from serious injuries after a motor vehicle accident in NY. </p>
<h2>Examples of Pain and Suffering</h2>
<p>This category includes both emotional and physical suffering. The following are examples of suffering and physical pain:</p>
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<li>Long-term disability</li>
<li>Life expectancy has been reduced</li>
<li>Future and present physical limitations</li>
<li>Daily life complications</li>
<li>Pain and discomfort in the body</li>
<li>Scarring, amputations, or burns can cause significant disfigurement.</li>
<li>Persistent loss of bodily function</li>
<li>Traumatic brain injury (TBIs).</li>
</ul>
<p>Here are some examples of emotional suffering and pain:</p>
<ul>
<li>Anxiety or depression</li>
<li>Post-traumatic stress disorder (PTSD).</li>
<li>Modifications to sleeping and eating habits</li>
<li>Loss of enjoyment in life, or the things you used to enjoy</li>
<li>Mood swings</li>
<li>Fear, anger, and humiliation</li>
</ul>
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<p>In a NY car accident case, you may be allowed to include non-economic mental, and physical harm as well as pain and suffering. An experienced attorney in car accidents can help you decide what constitutes pain and suffering in your case.</p>
<h2>Why Do I Need a New York Car Accident Lawyer?</h2>
<p>Legally, it may be difficult to sue for physical pain and emotional injuries following a car accident. When you hire an experienced lawyer from Kucher Law Group to represent you, you can rest easy knowing that they will fight for your rights and work hard to get you the maximum compensation allowable under the law.</p>
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<h2>How Much is Pain and Suffering Worth?</h2>
<p>In New York, there isn’t a set amount for claiming pain and suffering after a car accident. If you’ve suffered injuries due to someone else’s negligence in a car crash, you have the right to seek compensation for pain and suffering. </p>
<p>When calculating the compensation for pain and suffering, courts consider various factors like the extent of injuries, recovery duration, and the impact on the victim’s daily activities and life. The long-term effects on the victim’s physical and emotional wellbeing are also taken into account. The court may also consider medical records, and prescription information as evidences. In addition to medical records, photographs of the injuries can be presented as evidence to provide a visual representation of the damage caused. </p>
<p>It’s critical to seek the help of a skilled car accident attorney in New York if you’re pursuing compensation for pain and suffering. An experienced lawyer can assist you in navigating the complexities of the claims process, and gathering evidence to support your case. At the Kucher Law Group, our team of experienced New York car accident lawyers may be able to help increase your chances of getting the compensation you deserve. Call us today at (929) 274 8000 to schedule a consultation.</p>
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<h2>How are Pain and Suffering Damages Calculated?</h2>
<p>Although medical bills, vehicle repairs, lost wages, and lost income are easy to quantify, it is difficult to calculate pain and suffering damages. Your attorney will use one or more methods to calculate your pain and suffering and justify these calculations to the insurance companies, judges, or juries, depending on how difficult it is to quantify.</p>
<h3>Methods of Calculating Suffering and Pain Damages</h3>
<p>Insurance companies and attorneys often use two types to calculate suffering and pain damages.</p>
<p><strong>Multiplier Method</strong></p>
<p>This is the most commonly used method. This involves determining the economic damages. These can include past and projected medical expenses, lost wages, lost earning potential, and property damage. This amount is then multiplied by a number, usually between 1.5 to 5. The multiplier increases the more severe the injury.</p>
<p><strong>Per Diem Approach</strong></p>
<p>This method gives a dollar amount to the victim for every day they sustain an injury until they recover. Often this is the victim’s daily income.</p>
<p>Your settlement will not be calculated by attorneys or insurers. Factors you may not expect to be included, such as your doctor and whether or not you are receiving any treatment based on recommendations. Sometimes insurance companies use software programs that use sophisticated algorithms to determine your settlement amount. This includes taking into consideration both the type and extent of your injuries and any medical treatment you need.</p>
<h2>What Are Some Factors That Affect Calculation After A Car Accident?</h2>
<p>When calculating pain-and-suffering damages, judges, juries, or insurance adjusters take into account a variety of factors. These factors may include:</p>
<ul>
<li>Types of injuries sustained</li>
<li>How long was the pain?</li>
<li>The severity of the pain</li>
<li>The location and nature of scarring/disfigurement</li>
<li>The impact of pain on victim’s lives</li>
<li>Time to recover</li>
<li>Anticipate future problems</li>
<li>Age at injury</li>
<li>An attorney may provide evidence<br /></li>
</ul>
<p>These factors may all play a role in pain and suffering calculations</p>
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<h2>Call New York’s Top Rated Car Accident Lawyers Today</h2>
<p>If you or someone you love has been hurt in a car crash, New York’s top-rated lawyers at Kucher Law Group are here to help fight for the compensation you deserve. Call now <a rel="nofollow" href="tel:9292748000">(929) 274 8000</a> for a no-obligation, free case evaluation. We are here to help.</p>
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from Kucher Law https://www.rrklawgroup.com/how-is-pain-and-suffering-calculated-after-a-car-accident-in-new-york-city/<br />
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-40986382390918528472023-02-23T10:48:00.001-08:002023-02-23T10:48:34.456-08:00How Much Could a Steroid Injection Increase Settlement on Your Herniated Disc Case?<p>If you were injured due to another party’s negligence, such as due to a slip and fall or a trip and fall, you may have needed medical attention and care. It can often take months to recover. You may <em>still</em> be suffering from your injuries. In some cases, steroid injections are used as part of the treatment for injuries like herniated discs.</p>
<p>Below, you will learn more about these types of injuries, how epidural steroid injections could help, and how their use could <em>potentially</em> increase your settlement amount. Your <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">Brooklyn slip and fall lawyer</a> may be able to shed more light on the matter, especially on how other factors can affect <a href="https://www.rrklawgroup.com/how-to-file-a-slip-and-fall-claim-in-new-york/">your slip and fall settlement amount</a>. First, it is important to understand the nature of these types of injuries and how steroid injections can affect them.</p>
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<h2><strong>What Is a Herniated Disc?</strong></h2>
<p>Between the 24 vertebrae that make up the spine are discs, which are round, rubbery cushions that are meant to provide shock absorption. They are filled with a gel-like fluid and are what allow a person to twist and bend. When the back is injured in a car accident or otherwise, these discs can swell or slip. The swelling can irritate the nearby nerves. This is what causes pain. In some cases, the pain might be annoying but tolerable. Other times, it can be chronic and excruciating.</p>
<p>Regardless of the amount of pain a person feels, they deserve compensation for their injuries. When they need to have steroid injections to help with the pain, it typically means that the injury is more severe and will take longer to heal—if it can heal entirely. The severity of the injury and the requirement for steroid injections could affect the settlement amount for certain cases.</p>
<h3><strong>Types of Treatment Options Often Used for Herniated Discs</strong></h3>
<p>The severity of herniated disc injuries and the pain they entail vary considerably from one person to another. Many people have herniations and don’t know it, while others are in serious pain each day. It often depends on the amount of damage that has been done. Because of the variation, it means that there are several options when it comes to treatment. Below are some of the most commonly used treatment options.</p>
<p>In some cases, the doctor may want to treat the injury conservatively. In these cases, they will generally provide patients with a course of anti-inflammatory drugs. Patients might also be using over-the-counter medications to help with inflammation and pain management. Medication will generally be provided along with physical therapy or even chiropractic therapy. </p>
<p>When that type of treatment doesn’t work, they may then refer the patient to a physician specializing in pain management. That doctor prescribes steroid injections to help reduce pain and swelling caused by the herniation.</p>
<p>The goal is to allow the body to heal over time. However, that may not always be possible. When the above treatments don’t work, the doctors may decide that surgery is the best option. The surgery could be minimally invasive, or it could be larger and more complicated open-back surgery. Again, all cases and injuries are different.</p>
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<h2><strong>How Are Steroid Injections Used?</strong></h2>
<p>Steroid injections are an anti-inflammatory medicine that can be used for a wide range of health conditions and injuries, including spinal pain after a car accident. The steroids are used to reduce inflammation in the part of the body where they’ve been injected. In the case of a herniated disc, the injection is made at the site of the epidural space. This is the outermost part of the spinal column. It is supposed to help relieve pain by taking pressure off of the areas of the spine that were affected.</p>
<p>Instead, they help to reduce the amount of pain you are feeling. Patients may receive just one injection, or they may receive several as part of their treatment.</p>
<p>Typically, the pain relief provided by steroid injections can last for six to eight weeks. Although, it can last for as long as six months in some instances. These types of injections can help more than herniated discs. They are sometimes used for sciatica and spinal stenosis, as well.</p>
<p>For many patients, pain relief can help to make the injury more bearable for a time. However, it is important to keep in mind that steroid injections are not used as a means to heal the injury. This means that if the underlying cause of the injury is not taken care of, the pain could return time and again.</p>
<p>Additionally, you can’t continually get these types of injections. It is recommended that you should not have any more than three to six injections per year. The number a patient can receive will depend on their doctor and their injury.</p>
<h3><strong>Common Types of Steroid Injections</strong></h3>
<p>Below, we’ll look at some of the ways that steroid injections are administered</p>
<p>The most common, which we discussed above, is an injection into the epidural space. This is known as an interlaminar epidural injection. While this is the method that tends to be used most often, it is not the only place where the injections might occur.</p>
<p>Other times, the injections will be into nerve blocks. The doctor will inject a local anesthetic and steroid into the location where the spinal nerves are located. It is known as a transforaminal epidural injection.</p>
<p>Finally, there are caudal epidural injections, but this doesn’t usually happen until <em>after</em> a patient has undergone back surgery that didn’t provide the patient with the help and pain relief they need. These require an injection of the steroid through the sacral hiatus into the epidural space.</p>
<h3><strong>What Are Trigger Point Injections?</strong></h3>
<p>Epidural steroid injections are not the only way steroids are used to treat injuries. Trigger point injections could also help with inflammation, as well as muscle relief. The trigger points are knots that develop either in the muscles or the fascia tissue, and they can cause chronic pain. As the name suggests, these types of injections are made right into the trigger points. Some who have suffered a neck injury in a car accident might receive these types of injections, for example. Again, they can help to manage pain while the body begins to heal, or while you are waiting for other types of treatment to treat the underlying cause.</p>
<h3><strong>What Are the Risks of Steroid Injections</strong></h3>
<p>Although steroid injections can provide pain relief, there are downsides to them. The injections are costly, for starters. While they are minimally invasive, they also have some potential risks including feeling flushed, increased blood sugar levels, insomnia, bleeding disorders, and pain at the injection site. Some patients may even become allergic to the medication. These issues are rare, but they do happen.</p>
<h2><strong>Could Steroid Injections Truly Increase Your Settlement Amount?</strong></h2>
<p>When someone has suffered a back injury and a herniated disc, there is the potential that the settlement amount could increase if steroid injections have been used. This is because it is seen as a more complicated or severe injury that other methods of treatment did not help. Therefore, the awards from juries tend to be a lot higher, as do settlement amounts if the other party doesn’t want to go to court.</p>
<h3><strong>What If You Need Surgery?</strong></h3>
<p>While it is true that steroid injections can increase the settlement, surgery will increase the amount even more. Surgery means that neither conservative treatments nor injections worked to relieve the pain and allow the back to heal. These cases, because they often involve more pain and suffering, along with the surgery, tend to net a higher settlement.</p>
<p>However, that doesn’t mean that someone who has been injured should automatically try to get surgery if the other options might work. Instead, they should work with the doctors to make sure they are getting the best possible treatment to heal their back without surgery. If surgery turns out to be the only option, though, you may want to talk with your lawyer about delaying the resolution of your case until the surgery has been done.</p>
<h3><strong>There Is No Average Amount</strong></h3>
<p>One of the most important things that you need to take away from this article is that even though your settlement could be higher if you’ve had steroid injections for your injury, there’s no <em>average</em> amount for a settlement. All cases, injuries, treatments, and outcomes are different. All settlement offers and juries are different. You can’t just assume that you are going to get a six-figure settlement—or more—because you had steroid injections.</p>
<p>However, the settlement <em>will</em> be higher than if you only needed OTC meds and physical therapy or chiropractic care. Just how much higher? The only way to know for sure is to move forward with your case with a good lawyer on your side. Of course, you have to remember that even the attorneys will not be able to provide you with a dollar amount for your settlement. It will all depend on the circumstances of your case and how it plays out between the parties involved when you negotiate or end up going to trial.</p>
<h2><strong>Talk with an Experienced Attorney Today</strong></h2>
<p>What should you do if you have been injured because of the negligence of another, and you have been treated using steroid injections? The first step is to get in touch with an attorney as soon as possible. You never want to talk with the other party’s attorney or insurance company. Often, those insurance companies will offer a lowball amount just to take care of the case as quickly as possible. Though it might be tempting, you never want to settle for less than you truly deserve for your injuries.</p>
<p>When you are looking for an attorney to help you, check to see what types of cases they have worked on in the past, along with the outcomes of those cases. You need to have someone who is experienced in cases like yours that include steroid injections. This doesn’t mean that you are going to necessarily get a high settlement, but it does mean they know that the injections could play a role in what you receive.</p>
<p>At Kucher Law Group, we may be able to assist you in filing a claim for your injuries and securing the maximum possible compensation in your case. Our experienced New York personal injury attorneys are here to help. Contact us today to schedule a consultation at <a rel="nofollow" href="tel:9292748000">(929) 274-8000</a>.</p>
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from Kucher Law https://www.rrklawgroup.com/how-much-could-a-steroid-injection-increase-settlement-on-your-herniated-disc-case/<br />
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-86809483004758493182023-02-23T10:04:00.001-08:002023-02-23T10:04:41.819-08:00How much compensation could I get in a trip and fall settlement?<p>New York trip and fall lawsuits can be particularly challenging to litigate, as each situation is different. Your <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">slip and fall lawyer</a> should give you a better idea of your settlement size based on factors like what led up to the accident, the severity of your injury, and where it happened. If you’ve been in an accident contact an experienced <a href="https://www.rrklawgroup.com/trip-and-fall-lawyer/">trip and fall lawyer</a> at Kucher Law Group today.</p>
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<h2>Average Compensation for a Trip-and-Fall Accident</h2>
<p>Settlements for a slip and fall can vary immensely. The size of your settlement will depend on the severity of your injuries as well as how strong a case you have. Generally speaking, settlements rank somewhere in this range but it does vary greatly for each person’s particular case.</p>
<h2>How much can you expect in compensation for a personal injury caused by a trip and fall?</h2>
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<p>A fall victim is compensated for losses and damages equal to any monetary loss, plus a portion of the total compensation applicable towards pain and suffering. The level of pain suffered corresponds to injury severity in order to calculate an appropriate percentage. Injuries are graded on a scale based on their severity and this grading determines how much out-of-pocket expenses are reimbursed.</p>
<h2>Determining the Settlement Amount for Trip and Fall Claims</h2>
<p>Having evidence to establish who is responsible for causing the accident is very important when determining the settlement amount of compensation for slip and fall cases. If you’re unable to show that the other party you’re suing had a duty to prevent your injury, failed to fulfill that duty and that their actions resulted in your injury, your case may not be considered valid. Seeking the assistance of an experienced trip and fall lawyer can be advantageous in gathering evidence for your case. Additionally, other factors that may influence the amount of compensation you are entitled to may also be considered. These factors include:</p>
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<li><strong>Nature and Severity of Your Injuries.</strong> The compensation you may receive is dependent on the nature and severity of your injuries. For instance, broken bones, scars, and chronic pain typically result in a higher settlement value than bruising, which is likely to heal completely within a few weeks.</li>
<li><strong>Medical Care.</strong> The level of medical care you received can affect the compensation amount you may receive. Seeking immediate medical attention or requiring an ambulance to the emergency room usually leads to a higher compensation amount. Injuries that require surgery, physical therapy, and specialist care are typically worth more than injuries that mostly heal on their own with time.</li>
<li><strong>Job and Lifestyle.</strong> If the injury significantly affects your quality of life, such as being unable to work or participate in lifelong hobbies, then the “pain and suffering” component of the settlement may be higher.</li>
<li><strong>Determination of Fault.</strong> If the defendant can prove that you were partly responsible for the accident, the overall settlement value may be reduced according to the percentage of liability assigned to you.</li>
<li><strong>Type of Property.</strong> A commercial property that is well-insured can typically afford to pay more than a privately owned property.</li>
</ul>
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<h2>Negotiating a settlement in the event of a trip and fall accident.</h2>
<p>Trip and fall settlement discussions take place in a variety of ways. The parties may communicate with one another through mail correspondence that outlines their bargaining position and requests an agreement from the other party. These letters are often lengthy, containing statements of facts and laws to help support the writer’s argument. Negotiations can take place at any time,</p>
<p>A trip and fall settlement can be discussed in an informal setting (with the defendant’s lawyer, during court proceedings), or formally through mediation (with a trained mediator to help with resolution options). It is important to prepare for an upcoming mediation session by researching your evidence beforehand.</p>
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<h2>Do I need to settle my slip and fall claim?</h2>
<p>Settling your trip and fall claim depends on a variety of factors, including how much you and the other party can agree on in terms of value for the case. It may be in your best interest to take your case to trial due to various factors such as experience with an attorney or the circumstances that led up to your injury and subsequent claim.</p>
<h2>Experienced New York City Trip and Fall Lawyer At Kucher Law Group Are Here to help</h2>
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<p>Residents in New York City looking to sue for a trip and fall accident can ask for help from a lawyer to strengthen their case with documentation on the day of the incident, establishing contact with other parties involved, negotiating skillfully, advising on how to accept a settlement or go trial, drafting paperwork that will guarantee timely retrieval of judgment.</p>
<p>Your attorney will be with you every step of the way, from asking for evidence and permits to drafting a settlement agreement. If your goal is to win a fair settlement for your trip and fall case, working with an experienced attorney as soon as possible can make sure that nothing falls through the cracks.</p>
<p>At Kucher Law, we can help you get fair compensation that will meet your needs. After talking with us, we can help map out a plan of action so that you know how best to proceed. We invite you to come in for an assessment today; call our team at <a rel="nofollow" href="tel:9292748000">(929) 274 8000</a>.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-3053292025895379882023-02-16T09:18:00.001-08:002023-02-16T09:18:22.036-08:00Slip and Fall Settlements: Is Surgery Required?<p>We’ve all been there before. Maybe it’s a puddle of water that causes it, or perhaps it’s an improperly maintained walking surface or debris that catches your foot as you lift it. Whatever the case, you slip and fall. </p>
<p>You may sustain an injury severe enough to warrant hospitalization. But maybe your injury was more minor and did not require immediate medical attention. Does that mean it won’t affect your life and ability to earn a living? </p>
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<p>No, even seemingly minor slip-and-fall accidents can have lasting impacts that affect your ability to work and even enjoy personal activities. Do you have any recourse if your slip-and-fall injury was not severe enough to warrant surgery?</p>
<p>Too many people fear that their situation is not severe enough to warrant a settlement in these cases. They may feel that they must “suck it up” or “push through” the pain and limited mobility. </p>
<p>The truth is that any slip-and-fall injury <a href="https://www.rrklawgroup.com/how-to-file-a-slip-and-fall-claim-in-new-york/">may be enough to warrant a settlement</a>, even if you don’t require surgery as a result. With the help of a skilled <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">New York City slip and fall lawyer</a>, you may be able to file a claim and negotiate for a settlement or seek other avenues of compensation for your expenses after your injury. If you have been injured in a slip and fall accident caused by another person’s negligence, our attorneys at Kucher Law Group may be able to help. Schedule a consultation now at (929) 274 8000 or fill out our online form.</p>
<h2>The Reality of Slip and Fall Accidents in the US</h2>
<p>Slip-and-fall accidents account for 30% of all reported injuries in the US annually. According to the <a rel="nofollow" href="https://nfsi.org/nfsi-research/quick-facts/">National Floor Safety Institute</a>, over 540,000 slip and fall accidents each year require hospitalization, and 20,000 lead to death. They are also the second-most costly type of workers’ compensation claim.</p>
<p>However, tens of thousands of slip-and-fall accidents don’t cause loss of life or catastrophic injury. Yours may leave you with a limp that lasts the rest of your life, or maybe a limited range of mobility in one of your arms. Whatever the case, a slip-and-fall accident can have a lasting, measurable, negative effect on your ability to work and your quality of life and not be severe enough to require surgery. </p>
<h2>Common Injury Types from Slip and Fall Accidents</h2>
<p>Every year, over a million people in the United States go to the emergency room because of a slip-and-fall accident. Injuries can range greatly from mild to severe and can affect almost any part of the body. Some of the most common injuries seen from slip-and-fall accidents include the following:</p>
<ul>
<li>Shoulder and neck injuries</li>
<li>Sprains</li>
<li>Spinal cord injuries</li>
<li>Hip fractures</li>
<li>Broken bones</li>
<li>Soft tissue injuries</li>
<li>Traumatic brain injuries (TBI)</li>
<li>Cuts and abrasions</li>
</ul>
<p>While some of the injuries listed above will certainly require surgery, many will not. However, that does not diminish their impact on your ability to work or your quality of life. For instance, a broken wrist might not need surgery to repair, but it could leave you with lasting pain and limited mobility that force you to find different employment or mean that you cannot take part in meaningful hobbies and other activities in your personal life. </p>
<p>In short, a lack of surgery does not mean that a slip-and-fall accident does not affect your quality of life. </p>
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<h3>A Couple of Examples</h3>
<p>To put these injuries in context, let’s look at a couple of examples. </p>
<h4><em>Anna</em></h4>
<p>Anna was out for a lunch date with her sister and a friend. They were trying a new restaurant that had just opened in town, and everyone was excited about it. On entering the restaurant, Anna’s sister excused herself to go to the restroom, while Anna and her friend located a booth.</p>
<p>On reaching the booth, Anna’s foot slid out from under her. In the dimly lit establishment, she did not see the piece of cucumber covered with oil and vinegar dressing just at the edge of the table. Her mouth collided with the table’s corner, breaking a tooth and cutting her lip, and her knee struck the concrete floor. </p>
<p>On arriving at the hospital afterward, Anna was found to have suffered a broken tooth, as well as a fractured kneecap. The tooth would require either a cap or a crown. The kneecap would require a splint for several weeks, which would limit Anna’s mobility, as well as physical therapy afterward to help restore the knee’s range of movement.</p>
<p>What the X-ray at the hospital did not show was the strain placed on the ligaments in Anna’s knee. Even after completing her physical therapy and taking several weeks off work, Anna cannot walk without physical discomfort. </p>
<h4><em>Steve</em></h4>
<p>Steve was on his way home from work but had to stop to pick up food for dinner at the grocery store. Carrying a loaded basket on his arm, he made his way to the freezer section to pick up some frozen vegetables for the casserole he was planning. He didn’t notice the puddle of water on the floor spreading out from the malfunctioning freezer unit. As soon as he stepped in it, his foot slid out from under him, sending Steve to the floor.</p>
<p>Steve landed on his back. In the process, he injured his hip and his spine, and his head hit the concrete floor very hard. Steve was taken by ambulance to the hospital, where a series of X-rays and physical examinations showed that he had bad bruising along his back, a concussion from hitting the floor, and a hairline fracture in his left hip. </p>
<p>None of these injuries required surgery, but it took weeks of bed rest to heal his fractured hip, and even after several months, he still suffered from back pain related to the fall. He also suffers from memory loss due to the concussion and has lost months of pay from his job. That forced time off work has also put his family behind on their bills and they are now facing foreclosure on their mortgage.</p>
<h4><em>Drawing Conclusions from Our Examples</em></h4>
<p>In both of our examples, people have suffered pain and injury. They have incurred medical bills and been forced to take time off work to recover and complete physical therapy. Both Anna and Steve will face ongoing repercussions of their slip-and-fall accidents that may be with them for the rest of their lives. </p>
<p>And yet, neither situation required surgery. Both Anna and Steve could qualify for a settlement, even though neither of them was injured badly enough to require surgical intervention. </p>
<p>How much is such a settlement worth? What factors go into determining the amount of a slip-and-fall settlement?</p>
<h2>How Much Money Is Necessary for a Slip-and-Fall Settlement?</h2>
<p>Every situation is unique. There is no one-size-fits-all settlement amount simply because many factors affect your quality of life, financial situation, and your ability to work. Three of the most important considerations in any slip-and-fall settlement are the amount you incur in medical bills, the amount of money lost because of time off from work, and the amount of pain and suffering you go through.</p>
<p>At a minimum, your slip-and-fall settlement should cover the medical bills you sustained because of the injury. Note that this includes bills due to initial treatment, like a visit to the ER, but also bills due to ongoing problems stemming from the original injury. That might include things like physical or occupational therapy, pain medications, and more.</p>
<p>In many cases, a slip-and-fall accident also comes with considerable recovery time. Depending on the type of injury and its severity, you could lose weeks, months, or even years on the job and the pay that time would have provided. Those lost wages represent a very real financial impact on your life, and you might find yourself struggling to pay your bills.</p>
<p>Finally, you must also consider pain and suffering. Because this is subjective, rather than objective, it’s difficult to measure. The court will base its decision on observable factors, such as how much your quality of life has changed, how you have had to change your behaviors, whether the injury has affected your employment or employability, and how long your injuries are expected to affect your life.</p>
<h2>What Is the Process for Obtaining a Settlement for a Slip-and-Fall Injury?</h2>
<p>While all cases are unique, they follow a similar path. </p>
<h3>1. Report Your Injury to the Property Manager</h3>
<p>The first thing you should do is report your injury to the property managers or owners. This will establish the case. If you’re able, ask to file a formal report. If you cannot speak because of your injuries or cannot fill out the report at this time, do so after seeking medical attention. If you don’t report your injury/accident, then there is no record of it ever happening. Make sure to request a copy of your report from the business, too. If the police and/or medical personnel were involved, get a copy of their report(s), too.</p>
<h3>2. Get Medical Attention</h3>
<p>Once the owner or manager has been alerted, you must seek medical attention for your injuries. Follow the advice of any first responders and go to the hospital if directed to do so. If the first responders do not request that you go to a hospital, make sure to visit one within 48 hours of the accident to document your injuries. Don’t assume that because you aren’t in serious pain at the time you have no injuries. It can take some time for symptoms to show up, particularly if a head injury is involved.</p>
<h3>3. Obtain a Lawyer</h3>
<p>Next, contact a slip-and-fall attorney. An experienced attorney will be able to offer advice and guidance, answer your questions, and help you set reasonable expectations about what comes next. They can also represent you with the insurance company and in a court of law if necessary.</p>
<h3>4. Determine the Cause and Gather Witness Reports</h3>
<p>What caused your slip-and-fall accident? It could have been almost anything, from standing water on the floor to unseen obstacles, but it’s important to identify and document the cause. Without a cause, it will be very hard to prove your case. </p>
<p>You also need to speak with witnesses and gather their statements. What did they see? Did they stop to offer aid? Was there anyone with you at the time of the accident? Get the name and contact information of any witnesses. Your attorney should be able to help here.</p>
<h3>5. Document and Take Notes</h3>
<p>You will need to document everything to support your claim. This includes your account of the accident, photos or videos that support your account, witness statements, and more. Hospital bills, photos of your injuries before and after treatment, and information about any related property damage should all be included. Your attorney will help you understand what to document and how to take notes to support your case.</p>
<h3>6. Be Cautious When Dealing with Insurance Representatives</h3>
<p>Chances are good that an insurance representative will approach you and possibly offer a settlement amount. Be cautious here. It’s usually wise to refer the representative to your attorney, who can help you determine if the settlement offer is fair. </p>
<h3>7. Negotiations</h3>
<p>In most instances, your attorney will advise you to reject an initial settlement offer. Depending on the situation, this settlement may be about a demand letter from your attorney, or it may be prompted by your accident report. In almost all cases, it will be a low offer intended to save the insurer money. Once you reject that initial offer and make a counteroffer, the negotiation process will move forward.</p>
<h2>In Conclusion</h2>
<p>Ultimately, slip-and-fall injuries can cause immense pain and lasting physical damage. They can completely change your life, even if they do not require surgery. Any slip-and-fall injuries may be eligible for a settlement. </p>
<p>Even seemingly minor accidents can have lasting impacts on your life. A simple fall that you can walk away from may leave you dealing with chronic pain and limited mobility for months or years afterward. The need for surgical repair does not determine whether your injury warrants a settlement or not. </p>
<p>If you have been injured in a slip-and-fall accident, you must hire an experienced personal injury attorney to represent you. A skilled lawyer will help you understand the situation and what you can expect, as well as whether to move forward with a personal injury claim.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-15197671826173865402023-01-25T06:15:00.001-08:002023-01-25T06:15:10.224-08:00How To File a Slip and Fall Claim in New York<p>Slip and fall accidents can happen anywhere, anytime, and to anyone. The National Floor Safety Institute (NFSI) estimates that, of the roughly eight million injuries and deaths that happen each year, one-eighth or one million of these injuries and fatalities are caused by slip and fall accidents. One-third of those accidents result in broken bones and serious injuries. Slip and fall accidents are also the third leading cause of work-related injuries in the US. </p>
<p>Slip and fall accidents can affect a person’s quality of life, cause financial strain, and even lead to long-term disability or death. If you’ve been injured in a slip and fall accident, you may be entitled to compensation for your injuries and other damages. Our experienced <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">New York slip-and-fall attorneys</a> at Kucher Law Group can assist you in filing a claim and representing your best interests in pursuing the compensation you deserve. Call us today at (929) 274 8000 to schedule a free consultation or fill out our online form.</p>
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<h2>What Is a Slip and Fall Claim?</h2>
<p>A slip and fall claim is a personal injury case based on the tort of premises liability. </p>
<p>While fall accidents do happen and might be unpreventable, injuries caused by accidents in preventable situations can be <a href="https://www.rrklawgroup.com/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/">due to the negligence</a> of the people who own or manage the premises. Premises liability means that the owner of a property can be held liable for injuries sustained by persons present on their property if the owner breaches the duty of care they have on looking after their visitors’ safety.</p>
<p>For example, there is a slippery floor in a store, and a person slips because there was no indicator that the floor was slippery. If the person who slipped is injured because of the fall, they may be eligible for compensation. The owner of the store has a duty of care to ensure that there are no hazardous or dangerous conditions on their premises that could cause injury. In this manner, the owner of the store exhibited negligence on their part because they failed to either clean up the cause of the slippery floor or warn visitors of the hazard.</p>
<p>Private property owners can also be held liable in slip and fall cases. Aside from slippery flooring, other causes of slip and fall accidents can be:</p>
<ul>
<li>Unsecured rugs and carpets</li>
<li>Uneven flooring</li>
<li>Improperly maintained sidewalks, walkways, and pathways</li>
<li>Failing to timely remove snow or apply salt to a sidewalk</li>
<li>Inadequate lighting</li>
<li>Broken elevators or escalators</li>
<li>Debris and clutter</li>
<li>Lack of warning signs and protective barriers</li>
</ul>
<p>Failure to warn others of hazards on their premises makes property owners and managers just as liable for negligence as they would be if they had failed to appropriate repairs.</p>
<p>While falls can be an embarrassing encounter as a best-case scenario, slip and fall accidents can cause serious injuries. People over 60 years of age are the most vulnerable to falls and the age group most likely to get seriously or mortally injured from slip and fall accidents. Slip and fall accidents can cause the following injuries.</p>
<ul>
<li>Head injuries, traumatic brain injuries, concussions</li>
<li>Spinal cord injuries or spinal column fractures</li>
<li>Nerve damage</li>
<li>Broken bones and joint dislocations</li>
<li>Neck and back injuries</li>
<li>Soft tissue injuries</li>
<li>Cuts and abrasions</li>
<li>Wrongful death</li>
</ul>
<p>A slip and fall claim is meant to provide the injured party with recourse to ask for compensation for the injuries they sustained. A claim may be a request for financial help with medical costs incurred as a result of the injury, lost wages, personal property damage, pain and suffering, as well as ongoing and future care if the injury caused a permanent disability. </p>
<p>You can file a slip-and-fall claim with the property owner’s insurer or file a lawsuit and bring the matter through litigation. Whichever route you choose to pursue, getting the help of an experienced New York slip-and-fall attorney can be beneficial. A skilled attorney can help you seek compensation for your injuries especially if the property owner’s negligence caused the accident. Our team of Brooklyn accident attorneys at Kucher Law Group can also help you understand your rights under the law. Contact our office today at (929) 274 8000 to schedule a free consultation.</p>
<h2>New York Laws Regarding Slip and Fall Claims</h2>
<p>While slip and fall personal injury claims fall most on premises liability, there are other factors that can affect whether a claim would be successful or not. Personal injury claims in New York are also subject to comparative negligence compared to other states.</p>
<p>Comparative negligence means that an injured party can still be eligible for compensation even if they are partially accountable for the accident that caused their injury. Even if a person is 70% liable at fault in an accident, they can still claim 30% of the compensation they would get if the responsible party was 100% negligent.</p>
<p>There is no one accurate way of determining if someone is legally responsible for your injuries in a slip and fall accident. In general, property owners must make sure that there are no dangerous conditions that can put a person at risk of serious injury. If the property owners knew of the risk and did not do anything to prevent or warn people of the risk, they could be held liable should an accident happen on their premises.</p>
<p>Some other instances where the property owner can be held liable are the following:</p>
<ul>
<li>The property owner caused or created the dangerous condition</li>
<li>The property owner knew of the condition and was aware of its risks but failed to correct it or provide warnings</li>
<li>The condition has existed for enough time that the property owner should have noticed and corrected the condition or provided a warning</li>
</ul>
<p>Negligence on the part of the property owner must be established. If a property owner has diligently provided warnings of dangerous conditions and properly maintained the safety of the premises, the slip and fall claim may not be successful.</p>
<h2>What Should You Do When You Are Injured in a Slip and Fall Accident?</h2>
<p>Getting into an accident can be a cause for panic for many, however, it is important to keep a level head and be as calm as possible. After a slip and fall accident, here are some tips that may help you file a successful slip and fall claim.</p>
<h3>Collect as much information as possible</h3>
<p>After a fall, you may be disoriented or overwhelmed especially if you are in an unfamiliar place. You may get the help of a trusted friend or family member to collect the following information or jot them down as soon as it is safe to do so.</p>
<ul>
<li>Time and location of the accident – whether the accident happened inside an establishment or outside</li>
<li>The conditions of the accident – it would be helpful to be as descriptive as possible. For example, describe the weather, the type of flooring, or any surrounding debris that may have contributed to the hazard, etc.</li>
<li>Your clothing and any belongings on your person when the accident happened</li>
<li>Any witness information you can gather</li>
<li>Information on whether other people, such as staff, were involved in the accident</li>
<li>Any records and receipts from medical treatments that you’ve received for the injuries you sustained</li>
</ul>
<p>Recording the conditions of the accident as close to when the accident happened is important.</p>
<h3>Alert the authorities and file a report</h3>
<p>It’s important that you notify any authorities after an accident. If you were injured in a store or a private property, informing the store manager or the homeowner is important. Most businesses also have a safety protocol they are required to follow in cases of accidents such as taking the injured person to a safe place to avoid the public eye or providing first aid on the spot. </p>
<p>You may be required to fill out an accident and incident report if the accident happened in a public place, writing one up in case the incident happened on private property is also a good idea. Make sure to have someone witness the document as an extra precaution. Taking photos of the location of the accident can also help in substantiating the conditions of the accident. Any photos of your injury after the accident and how it progresses can also help in strengthening your claim.</p>
<h3>Seek immediate medical help</h3>
<p>Consulting a physician should be the highest of your priorities after an accident. Contact 911 immediately if you require emergency medical attention. The most common injury caused by slip and fall accidents is broken bones and fractures and while you may feel fine shortly after an accident, a fracture may worsen over time. Getting examined by a qualified medical professional is crucial in the first few hours after an accident.</p>
<h3>File a personal injury claim for compensation</h3>
<p>If you have been injured as a result of a slip and fall accident, contacting a New York personal injury attorney who is knowledgeable on slip and fall accidents is crucial. A skilled attorney would be able to investigate the circumstances and basis of your case. The window of time you can file your claim may be limited by the statute of limitations on injury claims in New York. The statute of limitations in New York for injury claims is three years from the day the accident happened.</p>
<p>Our team of New York personal injury lawyers at Kucher Law Group has helped families seek compensation from the negligent parties responsible for slip and fall accidents. We may be able to help you file a claim for medical costs incurred by your accident. For more information, call us today to schedule a consultation.</p>
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<h2>Things to Avoid After a Slip and Fall Accident</h2>
<p>Even if you have a valid claim, it’s important to remember that some actions can undermine the validity of your claim or impact the amount of compensation you receive. Injured parties should take note of the following:<br /></p>
<ul>
<li><strong>Avoid talking too much about the circumstances of the case or oversharing</strong> – It’s easy to feel overwhelmed after an accident. Make sure to avoid voicing out speculation as to the cause of the accident, making accusations, or insisting that you are fine after an accident.</li>
<li><strong>Avoid negotiating with insurance adjusters and signing agreements</strong> – Insurance companies often lowball claimants in injury cases in the interest of making a profit. They may offer a settlement agreement giving you a lower amount than you would have been compensated for if the case went into litigation. When you sign a settlement agreement, you may be signing off your right to pursue a legal claim. Insurance companies can also engage in underhanded tactics to coerce you into signing their agreements.</li>
<li><strong>Waiting too long to file a claim</strong> – The longer you wait after an accident to file a claim, the more the credibility of your claim may be questioned. A witness’ recollection of the conditions of the accident may be less credible the longer time has passed from the day of the accident. </li>
<li><strong>Dealing with the claim on your own</strong> – While it’s normal to be worried about the potential legal costs of consulting with an attorney, the <a href="https://www.rrklawgroup.com/should-i-get-a-lawyer-for-a-slip-and-fall/">value of a skilled lawyer’s legal knowledge and representation</a> can outweigh the cost. An attorney is required to act in your best interest and can be a helpful ally in filing your slip-and-fall claim.</li>
</ul>
<p>Avoiding these situations may help ensure the success of your case. Your attorney can also advise you on anything you should look out for once your claim has been filed.</p>
<h2>How a Slip and Fall Attorney Can Help</h2>
<p>Each case is unique and the circumstances of each slip and fall case are rarely similar to others. It’s your attorney’s job to investigate these circumstances and evaluate your case’s chances of success. Your attorney will hear your side of the case to determine any crucial information. To supplement the information you provide, your attorney can also examine the accident scene and interview the witnesses. </p>
<p>An attorney also has the authority and resources to investigate whether there is a history of the property owner being negligent. Your attorney may also consult medical professionals about your injuries to determine the amount of compensation you should pursue taking into consideration any future consequences of your injuries. Your attorney will also act as your representative and can keep insurance adjusters from harassing you to accept a settlement that doesn’t meet the amount you deserve.</p>
<p>Most importantly, an attorney can represent your interests and protect your rights if your case goes to trial. </p>
<h2>Getting the Help of an Experienced New York Slip and Fall Attorney</h2>
<p>If you or a loved one has been injured in a slip and fall accident, it is crucial to consult a qualified New York personal injury attorney as soon as possible. </p>
<p>At Kucher Law Group, our team of New York personal injury attorneys, led by top-rated New York slip and fall attorney Samantha Kucher, provides quality legal counsel and representation to individuals injured due to the negligence of others. We provide compassionate assistance and invest time and effort in investigating the details of each case we handle. </p>
<p>Regardless of whether you have been injured on public or private property, our attorneys are equipped to hold the negligent party accountable for their actions. </p>
<p>Contact our office today at <a rel="nofollow" href="tel:9292748000">(929) 274 8000</a> to schedule a free consultation. We serve the areas of Brooklyn, the Bronx, Manhattan, and other areas in New York.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-90878357086710410632022-11-16T11:11:00.001-08:002022-11-16T11:11:31.173-08:00What Is the Definition of a Car Accident?<p>A car accident is defined as an accident that happens when a car hits a person, an animal, an object, or another vehicle, and causes significant injury and/or property damage. </p>
<p>In 2021, almost <a rel="nofollow" href="https://data.cityofnewyork.us/Public-Safety/Motor-Vehicle-Collisions-Crashes/h9gi-nx95">165,000 people</a> were injured in car accidents in New York City. The <a rel="nofollow" href="https://injuryfacts.nsc.org/motor-vehicle/overview/preliminary-estimates/">National Safety Council</a> estimates that there have been 21,300 motor-vehicle deaths in the US in the first half of 2022. In New York City, 54 deaths have already been <a rel="nofollow" href="https://www.transalt.org/press-releases/new-data-shows-44-percent-increase-in-traffic-fatalities-during-first-three-months-of-2022-deadliest-start-to-any-year-since-vision-zero-began-in-2014">recorded in the first three months</a> of the year alone, almost a 45% increase since the same time frame in 2021. </p>
<p>If you have been involved in a car accident, it is important to get the help of an experienced <a href="https://www.rrklawgroup.com/car-accident-lawyer/">Brooklyn car accident attorney</a>. At Kucher Law Group, we provide skilled legal counsel and representation. We may be able to help you file a claim for compensation after your car accident. Call us today at (929) 274 8000 or fill out our online form to schedule your free consultation.</p>
<h2>Car Accidents vs. Car Crashes</h2>
<p>Due to these devastating statistics, there have been discussions among experts and safety advocates on changing the terminology surrounding car accidents. According to road safety advocates, car accidents connote that drivers involved in the <a rel="nofollow" href="https://en.wikipedia.org/wiki/Traffic_collision">collision</a> hold no fault for causing the incident. On the other hand, car crashes reflect the fact that one or more of the drivers involved made poor judgments that resulted in the accident.</p>
<p>According to research by the <a rel="nofollow" href="https://one.nhtsa.gov/Research/Human-Factors">National Highway Traffic Safety Administration</a>, driver error remains to be, by and large, the major cause of auto collisions. Speeding, running the red light, distracted driving, speeding, <a href="https://www.rrklawgroup.com/what-does-yielding-the-right-of-way-mean/">failure to yield</a>, and other similar actions constitute negligent driver behavior. Drivers have a duty of care to each other and are required to adhere to traffic laws. </p>
<p><a rel="nofollow" href="https://www.law.cornell.edu/wex/negligence">Negligence</a> is defined as a breach of the duty of care expected of everyone using the roads. Traffic law is meant to dictate the rules of how to practice this duty of care in the interest of keeping everyone safe. When people deviate from the law, car crashes can occur.</p>
<p>Car crashes can be inconvenient at best but fatal at worst. Aside from medical expenses, the cost of rehabilitation and lost wages can leave a significant financial impact on a victim’s life. That is beside the personal, emotional, and psychological effects a car crash can have on a victim and their family.</p>
<p>When the crash is caused by negligent or reckless behavior, it can further magnify the <a href="https://www.rrklawgroup.com/how-is-pain-and-suffering-calculated-after-a-car-accident-in-new-york-city/">pain and suffering</a> the victim is already experiencing. At Kucher Law Group, we understand how helpless it may feel to be unsure about the next steps you should take after a car crash. Our experienced New York City car accident attorneys may be able to guide you on the legal measures you can take. Call now at (929) 274 8000 to schedule a consultation with one of our <a href="https://www.rrklawgroup.com/">top-rated attorneys</a>.</p>
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<h2>Third-Party Negligence</h2>
<p>However, car collisions and accidents can also be caused by third-party negligent behavior. Third-party negligent behavior can be the failure to maintain roads or remove hazards that can cause accidents. The government has a duty to maintain the roads for the safe use of pedestrians and motor vehicles. Third-party negligence can be seen in the following:</p>
<ul>
<li>Uneven roads and potholes</li>
<li>Overgrown vegetation that covers roadways</li>
<li>Defective traffic lights</li>
</ul>
<p>Businesses and car manufacturers can also be liable for <a rel="nofollow" href="https://www.hg.org/legal-articles/car-hit-on-private-property-who-is-liable-35813">third-party negligence</a> in the cases of the following:</p>
<ul>
<li>Construction debris on roadways</li>
<li>Defective car parts and systems</li>
</ul>
<p>If you have been involved in a car collision due to third-party negligence, getting the help of an experienced New York City personal injury attorney is necessary. Our team of skilled Manhattan personal injury attorneys at Kucher Law Group understands the inconvenience, stress, and frustration being involved in a car crash can cause. It may be difficult to establish negligence and <a href="https://www.rrklawgroup.com/brooklyn-premises-liability-lawyer/">premises liability</a> in a third-party claim without the help of a qualified personal injury attorney. Especially in a case involving third-party negligence, our team can help you in filing a claim against the negligent party to pay for the damages incurred. Call us today at (929) 274 8000 to schedule an appointment.</p>
<h2>What Should You Do After a Car Crash?</h2>
<p>Regardless of how carefully you drive and follow traffic rules and regulations, the chance of being involved in a car crash still remains. Here are some <a rel="nofollow" href="https://driving-tests.org/beginner-drivers/what-to-do-after-a-car-accident/">actions you can take</a> to help protect your rights and increase your chances of getting fair compensation:</p>
<h3>Seek Medical Attention</h3>
<p>Your priority after being involved in an accident should be your well-being. Damaged property can be replaced. Even if your injuries appear minor outwardly, you need to rule out the possibility of internal ailments that cannot be seen immediately. Car crashes can result in:</p>
<ul>
<li>Contusions</li>
<li>Concussions</li>
<li>Internal bleeding</li>
<li>Broken bones – of particular note are spinal cord, ribs, and neck injuries</li>
<li>Paralysis</li>
<li>Post-traumatic stress disorder, and other psychological issues</li>
<li>Wrongful death</li>
</ul>
<p>It is important to make sure that you address your medical needs first before taking other actions after a car accident.</p>
<h3>Document Any Injuries and Property Damage</h3>
<p>Any medical records or receipts you get can serve as evidence supporting your personal injury claim. It may also be helpful to ask a friend or other trusted individual to help you in documenting the scene of the accident or property damage while you recuperate. Photos of the extent of your injury would also be helpful in establishing your case.</p>
<h3>File a Police Report</h3>
<p>After the accident, you may need to file a police report if one was not lodged at the scene of the crash. You will need to fill out a form and mail it to the Department of Motor Vehicles in Albany. The completed form will be helpful in validating the fact that you were indeed involved in a crash. </p>
<h3>Refrain From Making Statements About the Accident</h3>
<p>It may be tempting to post about your experience on social media or to talk about it with your friends and family. However, any statement you make about the incident may be held as an admission of guilt or laying blame on the other party or parties involved in the crash. An insurance adjuster may use any statements you make as evidence to avoid paying you the settlement amount that you rightfully deserve.<br />
<br />
Keeping the details of the incident to yourself, your lawyer, and a handful of trusted friends may be the best course of action until your case is settled.</p>
<h3>Consult an Experienced New York City Car Accident Lawyer</h3>
<p>One of the most important things to remember when filing a personal injury claim after a car accident is to never take a settlement over the incident before <a href="https://www.rrklawgroup.com/when-should-you-get-a-lawyer-for-a-car-accident-in-new-york/">consulting an attorney</a>. Under <a href="https://www.rrklawgroup.com/is-new-york-a-no-fault-insurance-state/">New York’s no-fault laws,</a> insurance companies are the first entity that people turn to for compensation after an accident. However, in the interest of profit, insurance companies may engage in activities that shortchange the victim. In some cases, insurance companies may outright refuse to pay a settlement. Having the help of an experienced Manhattan car accident attorney will allow you to be more confident that your rights are protected.</p>
<p>At Kucher Law Group, we pride ourselves in our policy of keeping our clients’ rights and best interests a priority. Samantha Kucher, a top-rated Manhattan car accident, and personal injury attorney have helped many families claim compensation for the troubles they encountered after a car accident. We can help you negotiate a fair settlement but are willing to provide aggressive legal representation if the matter comes to court.</p>
<p>Schedule a consultation with experienced New York City personal injury attorney Samantha Kucher. Call us today at (929) 274 8000 for a free consultation.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-24652041478133582762022-09-12T12:11:00.001-07:002022-09-12T12:11:14.947-07:00How Much Is A Bedsore Lawsuit Worth?<p>Bedsore lawsuits can be valued anywhere between low five figures and several million dollars depending on the particular case. However, nothing is guaranteed. The value of a bedsore lawsuit can be affected by many things, such as the location where the lawsuit is filed, the resident’s overall health, relationships with family members, the insurance coverage available, and the skills of the attorney. A case that is otherwise strong could be made less so by a specific set of facts.</p>
<p>Families can file a bedsore suit against negligent nursing homes to recover financial damages for the pain and suffering and make it easier to get the care their loved one deserves as well as to move them to another facility. </p>
<p>Each case is different and each individual has a unique set of circumstances that will impact the final outcome. A thorough analysis of the case by a qualified <a href="https://www.rrklawgroup.com/bedsore-lawyer/">New York City bedsore lawyer</a> may help determine the average amount of a lawsuit for bed sore injuries. Kucher Law Group may be able to help you. Call us at (929) 274-8000 to speak with our experienced NYC bedsore attorneys. </p>
<h2>Factors That Can Make a Bedsore Lawsuit Worth More</h2>
<p>Every bedsore case is unique. There is generally no standard procedure as to what can make the lawsuit worth more. Usually, the greater the strength of the case, the higher the likelihood that the nursing home will pay to settle the matter. There are also other factors that will likely make the case worth more. </p>
<p>In many cases of bedsore litigation, the nursing home may be able to defend itself by claiming that the resident was unable to avoid the injury. The nursing home could not have prevented the bed sore from developing, no matter how hard they tried. Diabetes, End Stage Renal Disease, Peripheral Artery Disease, and Cancer can all be used to defend against bedsore lawsuits. Your case may be stronger if the resident has fewer or no comorbidities at all.</p>
<p>Judges and members of the jury also respond to the residents’ lives in the community, as well as the family of the victim. Nursing homes are more likely to be more willing to settle if the resident’s family is very involved in the resident’s life and has cared for them for a long time. These family members may make better witnesses should the case reach court. </p>
<p>In bedsore cases, the majority of evidence is found in hospital records and nursing home records. These documents can be used to prove abuse or neglect and can make the bedsore lawsuit stronger. </p>
<p>Another factor that can help raise the value of a bedsore lawsuit is when a former or a current employee of the facility testifies. If the former employee speaks about what they saw or how the policy and procedures were implemented at the nursing home and may have caused the injuries this can be helpful to your case. Some of the most valuable testimony can come from the employees of nursing homes.</p>
<p>Lastly, a bedsore case is sometimes dismissed by less experienced attorneys as not worth pursuing. Having a skilled attorney by your side is another factor that may raise the value of your lawsuit. An experienced lawyer can show that a series of actions on behalf of the facility resulted in the resident’s bedsore. The case will be more valuable if the jury can see that the injuries were a predetermined outcome based on policy or budget and not only simply neglect. Speak with a highly rated <a href="https://www.rrklawgroup.com/brooklyn-personal-injury-attorney/">Brooklyn personal injury attorney</a> at Kucher Law Group today to learn more. </p>
<h2>What Makes it So Difficult To Determine The Value Of A Bedsore?</h2>
<p>Simple answer: Nursing facilities want to keep settlements a secret. A nursing home negligence or malpractice settlement is often kept secret from the public, unlike class action settlements. Hospitals and nursing homes hate negative publicity so they work hard to keep these settlements kept confidential.</p>
<p>Bedsore cases are often settled through arbitration. This is because the contracts that people sign to place their loved ones in a nursing home or hospital require arbitration in case of a dispute. Arbitration settlements are kept secret from the public and cannot be discussed by the attorneys with their colleagues or with other clients.</p>
<h2>Seeking the Legal Advice of an Experienced Bedsore Lawyer</h2>
<p>Families are sometimes reluctant to make objections about their loved ones’ care, fearing the consequences of a complaint. However, it is important to hold the facilities responsible for any neglect that results in a loved one’s decline in health. A loved one’s health may be at risk if signs of neglect are not reported. </p>
<p>While making a positive difference in others’ lives, you can also ensure that the loved one receives the compensation they deserve. Call the bedsore lawyers at Kucher Law Group today to schedule a consultation. Free consultation: <a rel="nofollow" href="tel:9292748000">(929) 274-8000</a>.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-47909797539885553292022-06-23T10:11:00.001-07:002022-06-23T10:11:50.234-07:00What Does “Yielding the Right of Way Mean”?<p>Traffic laws are designed to keep those who share our roadways safe. Here in New York City, we are a dense metropolis with many cars, trucks, public transportation vehicles, pedestrians, and cyclists all maneuvering the same city streets. And while our traffic laws have been developed so each party shares responsibility, when so many vehicles and people occupy the same geographic area, there are bound to be issues. In addition to that, when parties fail to take their responsibility seriously and behave negligently, accidents and injuries can result. </p>
<p>Being injured in a car accident can be overwhelming and financially challenging. On top of medical bills, there are also injuries that you need to tend to as well as time off work. Seeking the help of an experienced New York City <a href="https://www.rrklawgroup.com/car-accident-lawyer/">car accident attorney</a> may be able to help you recover the compensation you deserve. The experienced lawyers at Kucher Law Group may be able to help. Call us today at (929) 274-8000 to schedule a consultation.</p>
<h2><strong>The Dangers of Failure to Yield Accidents</strong></h2>
<p>According to traffic law, right-of-way means the right to proceed. When two vehicles or parties come to or occupy the same area or intersection simultaneously, one of these parties will lawfully have the right-of-way. All states have laws that detail circumstances when a driver, cyclist, or pedestrian has the right-of-way or must grant the right-of-way to another party. </p>
<p>The National Highway Traffic Safety Administration has reported that failure to yield accidents were the fourth leading cause of fatal crashes in the United States in 2018. Failure to yield the right-of-way also accounts for the rising number of pedestrian and cyclist deaths in New York City. </p>
<p>New York has specific right-of-way laws and state legislators have implemented stricter laws, increased penalties, and deployed additional safety features to ensure that everyone understands and considers their rights and responsibilities. Unfortunately, right-of-way violations in New York City are still one of the leading causes of fatal injuries each year. </p>
<h2><strong>When Do Failure to Yield the Right of Way Laws Apply?</strong></h2>
<p>Failure to yield situations most often occur at intersections, including</p>
<ul>
<li>Failure to obey signals and signs at intersections – Failure to obey traffic signals and signs at an intersection is the most common cause of failure to yield the right-of-way accidents. </li>
<li>Failure to yield when there is no signal or sign – When vehicles approach an intersection without traffic signals or signs, the vehicle that is entering first or already in the intersection has the right-of-way. </li>
<li>Left hand turn at an intersection – A vehicle making a left hand turn must yield the right-of-way to any oncoming traffic. </li>
<li>T- intersection – At a T-intersection, drivers on the through street always have the right-of-way unless there are stop signs at the intersection. </li>
<li>Four-way stop – At a four-way stop, drivers who arrive at the intersection first have the right-of-way. Vehicles that arrive at the same time must yield to the vehicle to their right. </li>
</ul>
<p>Furthermore, drivers in other situations can be cited under failure to yield the right-of-way laws. These can include</p>
<ul>
<li>Vehicles entering a larger roadway – A driver turning onto a larger road from a side road, parking lot, alley, driveway, or other similar circumstance must yield the right-of-way to any traffic on the larger roadway.</li>
<li>Yield signs and rotary traffic circles – Whenever there is a yield sign or traffic roundabout present, a driver must yield to the traffic that is already on the roadway or in the traffic circle. </li>
<li>Pedestrians – In most cases, a pedestrian will always have the right-of-way when there is a marked or unmarked crosswalk. In all cases, a driver must slow down and yield to a pedestrian, even if that pedestrian is crossing unlawfully. </li>
</ul>
<h2><strong>Right-of-Way Laws For Motorists in New York </strong></h2>
<p>Very few of our city streets are high-speed areas. For the most part, our traffic moves at a slower pace, but it also sees extensive bicycle and pedestrian traffic. In New York, we have specific laws regarding failure to yield for drivers of motor vehicles:</p>
<ul>
<li>NY VTL Section 1142(b) – Drivers of motor vehicles must yield to pedestrians crossing a road. Drivers must always yield to a pedestrian regardless of whether a pedestrian is in a crosswalk or jaywalking. </li>
<li>NY VTL Section 1151 – Drivers must yield to pedestrians crossing within a crosswalk even when there is no signal or sign. A driver may not pass someone who is stopped for a pedestrian.</li>
<li>NY VTL Section 1151(a) – Drivers must yield to pedestrians on sidewalks as they are entering or exiting buildings, private roads, driveways, or alleys.</li>
<li>NY VTL Section 1140 – Drivers must yield to another vehicle that has already entered an intersection from another roadway. If both vehicles meet at the intersection at the same time, the vehicle to the left must yield the right-of-way to the one on the right.</li>
<li>NY VTL Section 1141 – Vehicles that are turning right at an intersection must yield the right-of-way to any vehicle approaching from the opposite direction. </li>
<li>NY VTL Section 1142 – Vehicles must stop at a stop sign and yield to any vehicle that enters the intersection first, such as those vehicles stopped at four-way stop signs. </li>
<li>NY VTL Section 1143 – A vehicle about to enter a roadway must yield to those already on that roadway.</li>
<li>NY VTL Section 1145 – A vehicle approaching a traffic circle or island must yield to those already in the circle or island.</li>
<li>NY VTL Section 1146 – The driver of a motor vehicle must exercise due care at all times to avoid a collision with pedestrians, cyclists, or domestic animals.</li>
</ul>
<p>In New York, cyclists are subject to all the rights and responsibilities of motorists and must follow all the right-of-way laws that drivers of motor vehicles are subject to. </p>
<h2><strong>New York Right-of-Way Laws for Pedestrians</strong></h2>
<p>Pedestrians are also responsible for their own actions on our streets in New York City. While drivers of vehicles have the bulk of the responsibility for yielding the right-of-way, pedestrians who do not follow their own rules can be held accountable if an accident results.</p>
<p>Pedestrian failure to yield laws include:</p>
<ul>
<li>NY VTL Section 1150 – Pedestrians must obey any traffic control signals when crossing a road and must yield the right-of-way to vehicles if instructed by the crossing signal to do so. </li>
<li>NY VTL Section 1152 – Pedestrians must yield the right-of-way to vehicles on a street when there is no crosswalk.</li>
</ul>
<h2><strong>How Does Failure to Yield the Right-of-Way Affect Liability in an Accident?</strong></h2>
<p>When an accident occurs as a result of someone’s failure to yield the right-of-way, the individual who failed to yield will typically be held liable for any damages that resulted from that failure. </p>
<p>As in all other matters of personal injury, negligence is an important component of liability when an accident results from a failure to yield. If an accident and injury results, it must be proven that the party who failed to yield was behaving negligently. </p>
<p>To prove negligence in a failure to yield the right-of-way accident,it must be established that</p>
<ul>
<li>The other party had a duty of care to yield to them</li>
<li>The party breached this duty of care and failed to yield altogether or for a sufficient time to prevent the accident</li>
<li>The breach caused an accident that would not have happened if they had yielded the right-of-way</li>
<li>The injured party suffered damages as a result of the accident. </li>
</ul>
<p>In some cases, a defendant may argue that the injured party was partly to blame for the accident and injuries. New York law considers comparative negligence when more than one party is at fault for an accident. If the injured party is partially at fault for the accident, their recovery will be reduced by the percentage of their fault. </p>
<h2><strong>What Should You Do After a Failure to Yield the Right-of-Way Accident?</strong></h2>
<p>If you have been injured by a driver who has failed to yield the right-of-way, you may be entitled to compensation for your injuries. These can include</p>
<ul>
<li>Your current medical expenses</li>
<li>Possible future medical expenses</li>
<li>Lost wages</li>
<li>Future lost earning capacity</li>
<li>Property damage</li>
<li>Pain and suffering</li>
<li>Emotional distress</li>
</ul>
<p>If the accident resulted in a fatality, family members may have the right to seek wrongful death damages to be compensated for their damages as a result of the loss of their loved one. </p>
<p>After a collision caused by a failure to yield the right-of-way collision, you should take immediate action and get medical assistance as soon as possible. Call police to report the accident and exchange all contact information with any other drivers who were involved as well as any other witnesses who can confirm the cause of the accident. Take photos of the area, traffic signs or signals, any skid marks or debris, and make notes about the circumstances of the accident. All this information may be needed as evidence in a personal injury claim. </p>
<h2><strong>Get Experienced Legal Assistance</strong></h2>
<p>Proving negligence after a car accident can be complicated. It is to your advantage to get a skilled legal professional to fight for your compensation and your legal rights. As the injured party, you will have the burden of proof in any accident claim and it is important to have an experienced car accident lawyer on your side to help navigate any injury claim. </p>
<p>At Kucher Law, we are highly experienced New York City car accident attorneys who can hold the at-fault party accountable for your injuries. We offer a free consultation and never charge legal fees unless we recover compensation on your behalf. Call us at (929) 274-8000 or contact us through our <a href="https://www.rrklawgroup.com/contact/">website contact form</a>.</p>
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source <a href="https://www.rrklawgroup.com/what-does-yielding-the-right-of-way-mean/">https://www.rrklawgroup.com/what-does-yielding-the-right-of-way-mean/</a>
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-7881969884739398902022-06-01T08:11:00.001-07:002022-06-01T08:11:28.641-07:00How common are scooter accidents in Brooklyn, New York?<p>With the rise of scooter sharing, comes the risk of accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were over 2 million injuries related to motorized vehicles between 2008 and 2017. This number is expected to increase due to the growing popularity of scooter sharing. Scooters are not designed to carry passengers, so it’s important to follow safety precautions. The NHTSA recommends wearing protective gear like helmets and eye protection. Always wear a seat belt, and never ride under the influence of alcohol or drugs.</p>
<p>Kucher Law Group in New York can help you and your family members if they were hurt while riding on an e-scooter. Our <a href="https://www.rrklawgroup.com/brooklyn-personal-injury-attorney/">Brooklyn e-scooter accident lawyers</a> are experienced in protecting your rights. Our legal team represents injury victims in New York City. We serve Brooklyn, Queens, and Manhattan as well as Staten Island, Long Island, and Westchester County. For a free consultation, call (929) 274-8000 </p>
<h2>Analysis of electric scooter user kinematics after a crash against SUV</h2>
<p><a href="https://www.semanticscholar.org/paper/Analysis-of-electric-scooter-user-kinematics-after-Ptak-Fernandes/acca406685663a7c5f0cb487e67395339dc2c8e2">This article presents</a> the results of the analysis of electric scooter user kinematics after a crash against a vehicle. The share of electric scooters (e-scooters) in urban traffic has been growing in recent years. The number of road accidents involving e-scooters is also increasing. However, the safety situation of electric scooter users is insufficiently researched in terms of kinematics and injury outcomes. The article presents the importance of this problem based on an in-depth literature analysis of e-scooter-related types of accidents, injuries percentages, and helmet use. Subsequently, four accident scenarios were designed and simulated using two numerical codes–LS-DYNA for handling finite element (FE) code (the vehicle and scooter model) and MADYMO for multibody code (dummy model). Scenario one is a side bonnet crash that simulates an accident when the scooter drives into the side-front of the vehicle. The second and the third simulation is a side B-pillar crash, which was divided into two dummy’s positions: the squat and up-right. The fourth simulation is a frontal impact. For each scenario, subsequent frames describing the dummy movement are presented. The after-impact kinematics for various scenarios were analyzed and discussed. The plots of the dummy’s head linear acceleration and its magnitude for the analyzed scenarios were provided. As the study is devoted to increasing riders safety in this means of transportation, the potential directions for further research were indicated</p>
<h2>What Should You Do If You’ve Been Injured in an E-scooter Accident?</h2>
<p>Samantha Kucher, a New York City injury lawyer, is involved in each case. She knows how to investigate injury claims and prepare them for court, including cases that involve electric scooter accidents. Her years of experience include a track record of settlements and verdicts that may be relevant to your case.</p>
<p>Our lawyers are well-versed in the various injuries that can occur in bicycle, scooter, and pedestrian accidents. These include serious lacerations and road rash injuries. Our goal is to maximize the compensation we offer our clients for their medical costs, lost earnings, pain, and suffering, as well as long-term damage such as permanent disability and disfigurement. Call us today to schedule a free case evaluation at (929) 274-8000.</p>
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source <a href="https://www.rrklawgroup.com/how-common-are-scooter-accidents-in-brooklyn-new-york/">https://www.rrklawgroup.com/how-common-are-scooter-accidents-in-brooklyn-new-york/</a>
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-1686520004435342562022-04-28T10:16:00.001-07:002022-04-28T10:16:11.746-07:00What Causes a Ceiling To Collapse?<p>There are many older buildings in the New York area. As a result, it’s very possible to be living in a building that is at risk of leaks, roofing problems, and even ceiling collapses. This is a serious issue that can leave you dealing with significant damages and personal injury. If you or someone you know is in this kind of situation, it’s imperative to speak with a <a href="https://www.rrklawgroup.com/brooklyn-personal-injury-attorney/">Brooklyn personal injury attorney</a> about your rights and the steps you can take in order to be rightfully compensated for your injuries.</p>
<h2>What Might Cause a Ceiling to Collapse?</h2>
<p>Sturdy ceilings in Brooklyn and other New York City buildings are built to last. However, it is possible there may be defects in the foundation or roofing, which can result in a ceiling not being as strong as envisioned. This could happen when a building is very old or when a defect is overlooked by the construction team.</p>
<p>A ceiling collapse could happen for the following reasons:</p>
<p> • Improper maintenance or no maintenance at all</p>
<p> • Weather damage including high wind, snow, or ice</p>
<p> • Wall failure and pressure from the attic</p>
<p> • Pipe leaks in the ceiling</p>
<p> • Improper support in the ceiling</p>
<p> • Violations of building code in the construction</p>
<p> • Damage from termites or other pests</p>
<p> • Damaged ceiling supports</p>
<p> • Items stored on drywall instead of joists in the attic</p>
<p>Property owners are required to ensure that their buildings are up to safety standards. If a problem occurs and the ceiling collapses, it can result in serious injuries, which means the property owner or landlord would be held liable. At the same time, liability depends on the reason behind the ceiling collapse. Your accident lawyer can determine whether you have a valid case.</p>
<h2>What Kind of Injuries Can Occur Due to a Ceiling Collapse?</h2>
<p>If a ceiling collapses, it creates a dangerous situation in more than one way. The building is exposed to the elements and has no cover. The collapse can also result in pieces of the ceiling falling on top of people inside the building, causing serious injuries. When a ceiling collapses, debris can fall inward and it can cause head, neck, or back injuries. A person can even suffer an eye injury if debris gets into their eye or strikes an eye.</p>
<p>Slip and fall accidents are also common after a ceiling collapse. It’s common for a person to lose their balance while slipping on wet debris, falling, suffering cuts, contusions, sprains, and strains. If the fall is bad enough, they might even suffer a fracture or a wound bad enough that requires stitches.</p>
<h2>How Can You Prove Negligence By a Property Owner?</h2>
<p>You must prove negligence on the part of a property owner if you’ve experienced a collapsed ceiling and suffered injuries. Premises liability makes the landlord or property owner responsible if you can prove negligence. Property owners have a duty of care to ensure that their buildings are properly maintained in a reasonably safe manner so that residents, tenants, and visitors can remain safe.</p>
<p>If a landlord or property owner was aware of the potential risks of a ceiling collapse, they could be held liable for damages. An accident lawyer can help you prepare your lawsuit so that you can recover compensation for your medical expenses, lost wages, property damage, and more. They can help you prepare your claim if the property owner was negligent in the upkeep of your building</p>
<p>To speak with an experienced Brooklyn personal injury attorney, please call us at your earliest convenience.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-8557702254744954422022-04-21T08:11:00.001-07:002022-04-21T08:11:23.184-07:00I Was In A Rideshare Accident. Can I Sue Uber Or Lyft?<p>The popularity of rideshare services such as Uber and Lyft has grown exponentially recently. In 2021, there were over 6.9 billion Uber rides taken worldwide. However, with new technology and growth come new challenges. According to a University of Chicago study, rideshare services have led to an estimated 3 percent rise in the number of motor vehicle fatalities and fatal accidents. If you were injured in a rideshare accident, call an Uber and <a href="https://www.rrklawgroup.com/car-accident-lawyer/lyft-accident-attorney/">Lyft accident lawyer</a> now.</p>
<h2><strong>What Are Your Rights After an Uber or Lyft Accident?</strong></h2>
<p>If you have been in a rideshare accident, you probably have many questions. What are your legal rights? Can you file a lawsuit against one or either of these companies? If you are the victim of an accident, you always have the right to make legal claims. You may also be entitled to damages.</p>
<p><strong>Damages Could Help With:</strong></p>
<p>• Medical bills</p>
<p>• The loss of ability to earn income</p>
<p>• Loss of wages</p>
<p>• Pain and suffering</p>
<p>• Wrongful death</p>
<p>Usually, you can file a lawsuit against Uber or Lyft if you were injured in an accident caused by one of their drivers. This is true for passengers, pedestrians, and other drivers. Depending on your case, you could be entitled to significant compensation and awarded damages. With that being said, many factors will play a role in determining how liability and fault are distributed. You can also recover against Uber or Lyft if you are a passenger in an Uber or Lyft vehicle and they were not at fault for the accident. In those instances if the vehicle at fault does not have enough insurance to pay for your injuries then you can recover additional compensation from Uber or Lyft. </p>
<p>As a victim, your best course of action may involve hiring a personal injury attorney. Your attorney will represent your interests with the insurance companies. Moreover, your lawyer can help you build a solid case against a corporation such as Uber or Lyft.</p>
<h2><strong>Uber & Lyft Accident Causes & Injuries</strong></h2>
<p>Unfortunately, rideshare accidents have been on the rise in recent years. With these accidents, certain injuries are often seen. This is because Uber and Lyft accidents often involve distracted driving and negligence.</p>
<p><strong>Common Uber & Lyft Accident Causes:</strong></p>
<p>• Distractions on the road</p>
<p>• Texting or phone use while driving</p>
<p>• Sudden stops</p>
<p>• Unfamiliarity with new neighborhoods</p>
<p>• Intoxication/ DUI</p>
<p>• Vehicle malfunctions or poorly maintained vehicles</p>
<p>• Poor visibility at night</p>
<p>• Inclement weather</p>
<p><strong>Common Injuries:</strong></p>
<p>• Whiplash</p>
<p>• Spinal Injuries</p>
<p>• Head Trauma</p>
<p>• Broken Bones</p>
<p>• Bruises</p>
<p>• Lacerations</p>
<p>• Internal Injuries</p>
<h2><strong>Do Rideshare Companies Have Insurance?</strong></h2>
<p>Yes, rideshare drivers and companies are required to carry a minimum amount of liability insurance. In NYC, $1 million in liability coverage may be required. Outside of New York City in other areas of the state, this amount can be as high as $1.25 million. These policies are in place to provide coverage for anyone injured in a collision. Insurance laws vary from state to state. Contact one of our attorneys for a full rundown of New York’s minimum insurance laws. We can schedule a case consultation for you right away.</p>
<h2><strong>What are the Most Common Reasons Uber or Lyft are Sued?</strong></h2>
<p>Negligence is the primary reason that lawsuits are filed against Lyft or Uber. Uber and Lyft drivers may be financially motivated by delivering and picking up passengers expediently. This can lead to a lack of care and negligence on the road.</p>
<p>Proving negligence can be complex. An attorney can assist you as you proceed with filing claims and building your lawsuit. For instance, your attorney would be able to uncover whether the driver at fault had a history of reckless driving, drunk driving, or traffic offenses.</p>
<p>There could also be negligence on the part of Uber or Lyft. How well were drivers trained? Were all drivers screened thoroughly before the start of their employment? These are important questions that may impact your case outcome.</p>
<p><strong>Other Factors to Consider</strong></p>
<p>If you were injured due to the negligence of another driver, you may be entitled to compensation and damages. Whether you were a bicyclist, driver, motorcyclist, on-foot pedestrian, or passenger, you have legal rights in New York. If your injuries meet the legal requirements and severity levels to support a lawsuit, you could (and maybe should) consider suing for damages.</p>
<h3><strong>Hire a Skilled New York Uber & Lyft Accident Lawyer! Call Now.</strong></h3>
<p>Every lawsuit is different. To find specific answers to your inquiries, we ordered you to call in one of our skilled personal injury attorneys right away. If your injuries meet New York state legal requirements in regards to severity, you may be able to file a lawsuit. Careless, negligent, and reckless drivers should be held accountable for their actions. Allow one of our New York personal injury Uber and Lyft accident lawyers to assist you now! We proudly serve clients in Brooklyn, New York City, and beyond.</p>
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source <a href="https://www.rrklawgroup.com/i-was-in-a-rideshare-accident-can-i-sue-uber-or-lyft/">https://www.rrklawgroup.com/i-was-in-a-rideshare-accident-can-i-sue-uber-or-lyft/</a>
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-77167460853355919882022-04-15T06:11:00.001-07:002022-04-15T06:11:25.243-07:00Is New York a No-Fault Insurance State?<p>Ranking among the top 5 most populous states in the United States, New York state has a high number of car collisions. Busy traffic leads to the inevitability of car accidents, which in turn result in injuries and even fatalities. That’s why it is so important to understand the insurance policy and consult a top-rated <a href="https://www.rrklawgroup.com/car-accident-lawyer/">car accident lawyer</a> if you or your loved ones is a victim of a car accident.</p>
<h2>What Is a No-Fault Law in NY?</h2>
<p>The No-Fault law can sound confusing to people who hear about it for the first time. One should know that the law does NOT mean nobody would be held at fault for a car collision.</p>
<p>The No-Fault car insurance system exists in more than a dozen states in the US including New York. The No-Fault law was adopted in NY in the 1970s to help people get compensation faster and to provide financial aid to car accident victims more quickly.</p>
<p>The law applies to everyone who got involved in the car accident including pedestrians, cyclists, drivers, and passengers of the vehicles regardless of who was at fault. The victims of the motor vehicle accident can have their crash-related medical expenses, lost earnings, and incidental costs covered by the insurance company.</p>
<h2>Who Can Qualify for No-Fault Insurance in New York State?</h2>
<p>The No-Fault law in NY state applies to pedestrians, cyclists, drivers, and passengers who got injured by a motor vehicle. There are several conditions that one must meet to qualify for No-Fault insurance coverage:<br /></p>
<ul>
<li>The car accident has to happen in New York state.</li>
<li>The driver or passenger injured in a vehicle collision has to be in the insured car. If it’s a pedestrian or cyclist then the vehicle they were hit by has to be insured.</li>
<li>The vehicle must have New York state registration.</li>
<li>The vehicle must be a car, bus, taxi, truck, or another type of vehicle covered by No-Fault law.</li>
<li>The vehicle insurance has to be issued by a company licensed to do business in New York state.</li>
</ul>
<p>Who does not qualify for No-Fault insurance?</p>
<ul>
<li>Motorcycle and motor scooter riders.</li>
<li>Motor vehicle drivers injured as a result of operating a motor vehicle while intoxicated.</li>
</ul>
<h2>How to Claim No-Fault Insurance?</h2>
<p>Claiming No-Fault insurance can be tricky due to many rules and strict deadlines, when it comes to filing and submitting the paperwork.</p>
<p>The application for No-Fault insurance must be filed with the insurance provider within 30 days of the car accident. The medical bills have to be submitted within 45 days of the treatment while other expenses, for example, the lost wages or household help must be submitted within 90 days.</p>
<p>The skilled car accident attorneys at Kucher Law understand the frustration and anxiety that go hand-in-hand with a car accident and are here to help vehicle collision victims and their families ensure they get the justice and compensation they deserve. If you have been injured in a car accident in New York state, call now to schedule a free consultation with a top-notch car accident lawyer, (929) 274 8000.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-60693118201259345482022-04-14T06:11:00.001-07:002022-04-14T06:11:47.556-07:00Top 5 Safest Cars To Buy in 2021<p>It’s hard to overestimate car safety especially in New York, where motor-vehicle accidents are among the leading causes of serious injuries and fatalities. That’s why we should choose a car wisely. Car safety features not only help to prevent collisions but can also save lives and reduce injuries.</p>
<p>At Kucher Law, we believe that car safety comes first. We also understand the frustration and anxiety one can go through after a car accident. If you have been in a car accident in New York call to schedule a free consultation with an experienced <a href="https://www.rrklawgroup.com/car-accident-lawyer/">accident lawyer</a> at (929) 274 8000.</p>
<h2>What Are The Top 5 Safest Cars to Buy?</h2>
<p>To help you choose the safest vehicle, U.S. News and World Report reviewed several cars and ranked them based on crash test results from the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA). Here are the top 5 safest cars ranked from the most reliable to the least.</p>
<p><strong>Toyota Camry</strong></p>
<p>Toyota Camry ranked first in safety among midsize sedans and became the U.S. News’ winner of the 2020 Best Midsize Car for the Money award.</p>
<p>2020 Camry earned NHTSA’s top rating of five out of five stars for its perfect score in all three crash tests. IIHS gave this model the highest rating of Good in all six crash tests and the Superior rating for front crash prevention.</p>
<p><strong>Honda Insight</strong></p>
<p>Honda Insight is your choice if you are after safety and fuel economy. 2020 Insight received a five out of five-star score from NHTSA while IIHS gave it a Top Safety Pick+ after 2020 Insight earned perfect crash test scores. This car ranked Superior for front crash prevention and the headlights received the highest rating for road illumination.</p>
<p><strong>Kia Optima</strong></p>
<p>Midsize sedan Kia Optima boasts a comfortable ride, spacious interior, and perfect safety score. 2020 Optima earned a five out of five stars safety rating from NHTSA, with top scores in the frontal and side crashes, and rollover tests. IIHS awarded this model the highest rating in all six crash test categories and the Superior rating for front crash prevention.</p>
<p><strong>Subaru Impreza</strong></p>
<p>Subaru Impreza offers a comfortable ride and has standard all-wheel drive, rarely found in other compact car models. IIHS named 2020 Impreza a Top Safety Pick+ with the top rating of Good in all six crash tests. NHTSA gave this model a five out of five stars safety rating.</p>
<p><strong>Honda Accord</strong></p>
<p>Honda Accord has a spacious interior and above-average fuel economy to complement its safety. 2020 Accord received IIHS’s highest rating in all six crash test categories. NHTSA awarded the car with a five out of five stars safety rating.</p>
<h2><br />
What Should You Do If You’ve Been in a Car Accident?</h2>
<p>While car safety features are extremely important, having a safe car does not guarantee complete protection on the road. If you or your loved ones have been injured in a car accident in New York, we are here to help. Contact Kucher Law, New York’s top-rated personal injury attorneys for a free, no-obligation consultation (929) 274 8000.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-26835833657019175312022-04-13T06:11:00.001-07:002022-04-13T06:11:39.869-07:00How do you prove negligence in a slip and fall in New York?<p>When a slip and fall accident happens to you or a loved one, it may be well within reason to pursue legal action, especially if the victim was significantly injured which in turn resulted in unexpected medical expenses and lost wages. However, accidents of this nature are not one-size-fits-all. The laws surrounding these types of accidents require a thorough examination of the situation. There are very specific ways to prove negligence for cases such as these. A <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">slip and fall lawyer</a> who is experienced and knowledgeable in these laws can provide useful aid in gathering all the necessary pieces of evidence to present a solid case to the court.</p>
<h2>Slip/Trip and fall accidents in New York need solid evidence to build a strong case</h2>
<p>Just like when investigating the scene of an accident, it is important to determine the cause. There are very specific things that need to be proven to justify whether or not an individual or an entity would be liable for a slip and fall. First, it must be proven that the environment where the accident occurred presented an unreasonably dangerous condition and was harmful to the victim. The next thing to consider is whether or not the owner of the property was aware of the potentially harmful environment and whether or not that area was intended to be accessible. If there was a change to the environment where the slip and fall occurred, was there sufficient enough time for the property owner to become aware and take the necessary actions to prevent a fall from happening.</p>
<p>The details of circumstances that lead up to the incident can be difficult to properly identify and will make or break a slip and fall case.</p>
<h2>It can be a challenge to gather sufficient enough evidence to file for a slip and fall case within the New York Slip/Trip and Fall Statute of Limitations</h2>
<p>The amount of detail that goes into the investigation of a slip and fall incident can be extensive and each case is heavily situational. Because these types of incidents can be very challenging to prove, New York only allows a certain window of time that someone can file an eligible lawsuit for a <a href="https://www.rrklawgroup.com/should-i-get-a-lawyer-for-a-slip-and-fall/">slip and fall</a> accident. The clock starts on the day of the incident and a claim must be filed within three years per the New York Civil Practice Laws. If a New York City Entity is involved, a notice of claim must be filed within 90 days of the date of the accident.</p>
<p>When you bring your case to an attorney, they can help you find and gather additional information that could be very useful to your case. Supporting documentation such as photos, video surveillance, or interviews from any witnesses can help build a successful claim.</p>
<h2>What are some possible roadblocks that could stand in the way of a slip/trip and fall lawsuit?</h2>
<p>Aside from the Statute of Limitations, the main concern is proving how knowledgeable the property owner was of the cause of the incident and how much of the cause could actually be considered negligence of the victim.</p>
<p>For instance, if the victim were to slip and fall on a flight of steps because they chose not to hold on to the handrail, the property owner has the potential to prove comparative negligence and the victim could be held responsible for a percentage of losses.</p>
<h2>Kutcher Law has a team of highly qualified lawyers that are extremely knowledgeable when it comes to New York City-based slip/trip and fall cases.</h2>
<p>No one wants to be involved in a slip/trip and fall case, but if you or someone you know has been involved in this kind of accident, it is beneficial to seek the guidance of a skilled attorney. It is imperative that proper care and representation for the victim of a slip/trip and fall case is established especially if the cause of the incident was due to negligence and could have been avoided.</p>
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source <a href="https://www.rrklawgroup.com/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/">https://www.rrklawgroup.com/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/</a>
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-67583876242111356092022-04-11T11:11:00.001-07:002022-04-11T11:11:23.648-07:00What Is The Difference Between Medical Malpractice And Personal Injury?<p>It can be difficult to tell medical malpractice from personal injury if you are not an expert. But knowing the difference can be crucial when it comes to mistakes made by medical personnel, which sadly are not that uncommon in New York City. Take a look at how these two terms differ and do not hesitate to contact a <a href="https://www.rrklawgroup.com/medical-malpractice-lawyer/">medical malpractice lawyer</a> if you believe your healthcare provider does not meet professional standards.</p>
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<h2><br />
Which Tort Claim Is A Personal Injury Claim In NYC?</h2>
<p>A personal injury claim is a term describing a legal case that can be opened if you have suffered harm to your body or mind due to someone else’s fault.</p>
<p>The laws on personal injury state that if another party’s careless actions cause injury, the victim can hold that party accountable and might get compensated.</p>
<p>The tragic events leading to the injury can be different, for instance:</p>
<ul>
<li><a href="https://www.rrklawgroup.com/truck-accident-lawyer/">Truck accidents</a></li>
<li><a href="https://www.rrklawgroup.com/car-accident-lawyer/">Car accidents</a></li>
<li><a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">Slip and fall accidents</a></li>
<li>Bicycle accidents</li>
<li><a href="https://www.rrklawgroup.com/construction-accidents-lawyer/">Construction accidents</a></li>
<li>Birth injury incidents</li>
<li><a href="https://www.rrklawgroup.com/nursing-home-negligence-lawyer/">Nursing home negligence</a></li>
<li><a href="https://www.rrklawgroup.com/medical-malpractice-lawyer/">Medical malpractice incidents</a></li>
</ul>
<p>In short, if there is a party that has a duty of care and they breach this duty which results in an injury, you are entitled to compensation.</p>
<p>In all these cases a <a href="https://www.rrklawgroup.com/">personal injury lawyer</a> would be able to examine what damage was done and who is liable for it. The attorney can consult you on making a personal injury claim.</p>
<h2><br />
What Constitutes Medical Malpractice?</h2>
<p>Negligence is the core of all personal injury cases. That’s why medical malpractice also falls under this type of tort claim. However, malpractice cases are more complicated since the majority of them involve technical and medical terminology and procedures. For this reason, it’s better to consult an experienced medical malpractice lawyer for specific advice.</p>
<p>Medical negligence or medical malpractice refers to an act of a healthcare provider not meeting the norms and standards accepted in their particular job. When the medical staff doesn’t meet standards of care and their actions result in injury or death, the injured party has the right to recover compensation.</p>
<h2><br />
What Should You Do If You Fall Victim To Medical Malpractice?</h2>
<p>Many times people who suffered a personal injury at the healthcare facility do not recognize it as medical malpractice. That’s why it’s crucial to bring your case to a top-rated medical malpractice lawyer.</p>
<p>In many cases, be it a personal injury in general or medical malpractice in particular, the lawyers of the party causing the injury will try to settle the case. They might go as far as stating that a simple mistake happened and no one is to be blamed.</p>
<p>But malpractice is not just an innocent mistake but a form of negligence. An experienced medical malpractice attorney would be able to advise what type of information needs to be gathered to make sure your rights are protected.</p>
<p>If you believe that the healthcare provider’s negligence or carelessness harmed you or your loved ones, reach out to Kucher Law Group today. Our team of New York medical malpractice attorneys and personal injury lawyers can help. Call now: (929) 274-8000.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-16749296780665631112022-04-05T06:11:00.001-07:002022-04-05T06:11:03.869-07:00How to Prove Nursing Home Neglect in New York?<p>Many older adults need more help than their families can offer. As a result, nursing home care might be necessary. Unfortunately, nursing home abuse and neglect happen. It’s important to be aware of the signs of abuse and know how to prove that a nursing home has neglected your loved one. Before you make any decisions, it is important to speak with a <a href="https://www.rrklawgroup.com/nursing-home-negligence-lawyer/">New York City nursing home negligence attorney</a>. </p>
<h2>What is Nursing Home Negligence?</h2>
<p>Just like nursing home abuse, neglect in nursing homes happens all too often in New York and other areas. While abuse involves violent acts perpetrated against a vulnerable elderly resident in nursing homes, neglect involves a failure to tend to the person’s basic needs. Sometimes, it occurs as a result of a nursing home being short-staffed or employees being overworked and overly stressed. Neglect can also happen when staff is inadequately trained for the job of caring for frail elderly residents.</p>
<p>If you suspect that your older loved one has suffered nursing home abuse or neglect, it’s important to consult with a nursing home abuse attorney. They can look into the situation and help you prepare a lawsuit.</p>
<h2>Types of New York Nursing Home Negligence</h2>
<p>There are different types of nursing home neglect. Social and emotional negligence occurs when an elderly resident is isolated from his peers. Residents should be allowed to interact with one another as it benefits them.</p>
<p>Other types of nursing home negligence involve an older person’s basic needs and hygiene. If those needs are not being met, it can harm the individual. They must have plenty of food and water. Dehydration is a leading cause of injuries among nursing home residents. Their living quarters should be kept clean and at a normal room temperature. Elderly residents should also have clean clothing and bedding. They should be bathed regularly. Failure to provide these basic things is considered nursing home negligence.</p>
<h2>What are the Signs of Nursing Home Neglect?</h2>
<p>When a resident of a nursing home is suffering from neglect in New York City, they may exhibit certain signs. If your loved one is a victim, the following signs might be present:</p>
<ul>
<li>Sudden change in moods such as depression, fear, crying, or quietness.</li>
<li>Unexplained cuts, lacerations, bruises, or more serious injuries such as fractures.</li>
<li>Marks on the wrists or ankles signifying physical restraint.</li>
<li>Malnutrition or dehydration</li>
<li>Suddenly appearing scared, nervous, or uneasy around nursing home staff</li>
<li>No longer appearing interested in things they once enjoyed</li>
</ul>
<p>Any combination of these telltale signs should be taken seriously. If you have noticed your loved one exhibiting any of these signs, you might want to make a complaint by contacting the Health Department. It’s also wise to get in touch with an experienced attorney as soon as possible. It is equally important to look for signs that could lead to neglect:</p>
<ul>
<li>Noticing that there are very few or no nurses at nursing stations during your visit</li>
<li>Inability to reach somebody or being placed on hold, or not having messages returned by your staff</li>
<li>Noticing that there are more administrators than nurses </li>
<li>Noticing that cold or old food is left by your loved one for long periods of time</li>
<li>Recording an uptick in complaints by your loved one that the staff members are ignoring them or their complaints</li>
<li>Asking your loved one about how often a nurse or another staff member enters their room to assist them. </li>
<li>Asking your loved one how long it takes for a nurse or another staff member to respond to a call from them </li>
</ul>
<h2>How Can You Prove Nursing Home Neglect?</h2>
<p>Unfortunately, it’s not enough to take the victim’s word about nursing home neglect happening to them as many nursing home residents suffer from cognitive decline due to dementia or Alzheimer’s. Even those who do not suffer from those conditions may not be lucid enough to be able to explain what happened. As a result, the nursing home abuse lawyer must prove that certain elements are in place in the case. They must show the following:</p>
<ul>
<li>The nursing home had a duty of care, which was to provide the expected level of care to the victim.</li>
<li>The nursing home breached that duty when a member of its staff neglected the victim.</li>
<li>The neglect the victim suffered directly caused them to suffer harm such as injuries.</li>
<li>The victim suffered damages as a direct result of the breach of duty of care owed by the nursing home.</li>
</ul>
<p>In a successful nursing home neglect case, the plaintiff would recover compensation for damages such as medical expenses, ongoing treatment, pain and suffering, and more. For particularly egregious behavior on the part of the defendant, punitive damages might even be awarded.</p>
<p>If your loved one suffered in New York due to nursing home neglect, contact an experienced nursing home abuse lawyer at your earliest convenience. Speaking with an experienced attorney may be able to help you and your loved one receive compensation for the hurt and the injuries they suffered due to the negligence of the nursing home staff. Call for a free consultation with the nursing home negligence lawyers at Kucher Law Group (929) 274-8000.</p>
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source <a href="https://www.rrklawgroup.com/how-to-prove-nursing-home-neglect-in-new-york/">https://www.rrklawgroup.com/how-to-prove-nursing-home-neglect-in-new-york/</a>
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-14131530365221567032022-03-29T06:11:00.001-07:002022-03-29T06:11:52.764-07:00Should I Get a Lawyer For a Slip and Fall?<p>Slip and fall accidents happen when you least expect them. And while all falls can cause serious injuries, some are matters of negligence. This is when the assistance of a <a href="https://www.rrklawgroup.com/slip-and-fall-lawyer/">slip and fall lawyer</a> can be critical.</p>
<p>A slip and fall accident is one that is protected under premises liability law in New York. If you are lawfully on someone else’s property and you are injured in an accident caused by the owner’s negligence, premises liability law says that party may be liable for your injuries. Although they are commonly called “slip and fall” accidents, any injury caused by an unsafe condition may be covered under this law.</p>
<h2>The Burden of Proof in a Slip and Fall Accident</h2>
<p>One of the complexities of any slip and fall accident claim is called the burden of proof. In order to collect <a href="https://www.rrklawgroup.com/how-much-compensation-could-i-get-in-a-trip-and-fall-settlement/">compensation from a slip and fall</a> accident, the victim must prove that negligence was involved. This requires that certain elements are proven.</p>
<p>That you were on the property lawfully.<br />
That the owner or management of the property knew about the unsafe condition or reasonably should have known about it and failed to repair it or warn others of the condition.<br />
That the unsafe condition was the thing that caused your accident.<br />
That you have damages resulting from that accident.</p>
<p>Although these may seem simple and straightforward, proving negligence can be complicated, especially in matters of premises liability. Insurance companies are often reluctant to pay these claims if there is any question about negligence and can make it difficult for an injured party to get fairly compensated for their costs and damages.</p>
<h2>Did the Owner Know?</h2>
<p>In many cases in slip and fall claims, it is difficult to establish if the property owner was aware of the hazard, would have reasonably known about it, or had ample time to correct it. For instance, in accidents involving a spill or icy walkway, establishing negligence can be difficult. This is why having the skill of a slip and fall attorney can be essential to your claim.</p>
<h2>How a Slip and Fall Lawyer Can Help</h2>
<p>A legal professional understands that there are many aspects to <a href="https://www.rrklawgroup.com/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/">negligence when it comes to slip and fall</a> claims and lawsuits. Did the owner have a properly trained maintenance staff to keep the property safe? How long had the hazard existed? Did the owner or management have ample time to fix it or at least put up a warning sign or rope it off? Were you injured on government or municipal property that will be subject to different timelines and claim requirements?</p>
<p>Not only must you establish negligence conclusively, but you must also have a firm understanding and proof of your damages. In a slip and fall claim, you may be entitled to compensation for your medical costs and lost wages, but you may also be entitled to compensation for potential future costs as they apply to your injuries. Your slip and fall lawyer will understand the laws as they apply to slip and fall accidents thoroughly and advise you of what your legal damages are to ensure that you are fairly compensated.</p>
<h2>Before You Settle On Your Own</h2>
<p>Before you try to settle a slip and fall claim on your own, get the advice of a legal professional. At Kucher Law, we offer a free consultation and never charge legal fees unless we recover compensation on your behalf. <a href="https://www.rrklawgroup.com/contact/">Contact us</a> to schedule an appointment to understand your legal rights after a slip and fall accident.</p>
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Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0tag:blogger.com,1999:blog-2049793825240347262.post-65122866156818776522022-01-03T14:11:00.001-08:002022-01-03T14:11:21.121-08:00Car Accidents in Manhattan Since Fri Dec 24th<div data-elementor-type="wp-post" data-elementor-id="3787" class="elementor elementor-3787" data-elementor-settings="[]">
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<h1 class="elementor-heading-title elementor-size-default">Car Accidents in Manhattan Since Fri Dec 24th</h1>
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<li>On Fri Dec 24th, there was an accident at East 86 Street and Lexington Avenue in Manhattan 10028 involving a car and an SUV. The NYPD determined that the cause of the accident was wet roads.</li>
<li>On Fri Dec 24th, there was an accident at Bowery and Delancey Street in Manhattan 10012 involving an SUV and a car. The NYPD determined that the cause of the accident was turning improperly.</li>
<li>On Fri Dec 24th, there was an accident at East 65 Street and 1 Avenue in Manhattan 10065 involving a car and a bicycle. The NYPD determined that the cause of the accident was driver inattention/distraction.</li>
<li>On Fri Dec 24th, there was an accident at West 23 Street and 7 Avenue in Manhattan 10011 involving an SUV and a car. The NYPD determined that the cause of the accident was driver inattention/distraction.</li>
<li>On Fri Dec 24th, there was an accident at East 67 Street and 1 Avenue in Manhattan 10065 involving two cars. The NYPD determined the cause was following too closely.</li>
<li>On Sat Dec 25th, there was an accident at 2 Avenue and East 47 Street in Manhattan 10017 involving a car and a moped. The NYPD determined that the cause of the accident was ignoring a traffic control such as a stop sign or a traffic light.</li>
<li>On Sat Dec 25th, there was an accident at East 38 Street and 2 Avenue in Manhattan 10016 involving two cars. The NYPD determined the cause was failure to yield right-of-way.</li>
<li>On Sat Dec 25th, there was an accident at West 155 Street and Macombs Place in Manhattan 10039 involving a bus and a car. The NYPD determined that the cause of the accident was alcohol involvement.</li>
<li>On Sat Dec 25th, there was an accident at 5 Avenue and East 126 Street in Manhattan 10035 involving two cars. The NYPD determined the cause was driver inattention/distraction.</li>
<li>On Sat Dec 25th, there was an accident at West 35 Street and Avenue Of The Americas in Manhattan 10001 involving a car and an SUV. The NYPD determined that the cause of the accident was turning improperly.</li>
<li>On Sat Dec 25th, there was an accident at Saint Marks Place and 1 Avenue in Manhattan 10009 involving a car and a bicycle. The NYPD determined that the cause of the accident was unsafe overtaking or improper lane usage.</li>
<li>On Sun Dec 26th, there was an accident at Saint Nicholas Avenue and West 193 Street in Manhattan 10040 involving an SUV and a car. The NYPD determined that the cause of the accident was unsafe overtaking or improper lane usage.</li>
<li>On Sun Dec 26th, there was an accident at 3 Avenue and East 70 Street in Manhattan 10021 involving two cars. The NYPD determined the cause was changing lanes in an unsafe manner.</li>
<li>On Mon Dec 27th, there was an accident at York Avenue and East 66 Street in Manhattan 10065 involving two cars. The NYPD determined the cause was driver inattention/distraction.</li>
<li>On Mon Dec 27th, there was an accident at East 96 Street and 1 Avenue in Manhattan 10128 involving two cars. The NYPD determined the cause was an inexperienced driver.</li>
<li>On Tue Dec 28th, there was an accident at Avenue D and East 9 Street in Manhattan 10009 involving two cars. The NYPD determined the cause was driver inattention/distraction.</li>
<li>On Tue Dec 28th, there was an accident at 10 Avenue and West 42 Street in Manhattan 10036 involving a van and a car. The NYPD determined that the cause of the accident was failure to yield right-of-way.</li>
<li>On Tue Dec 28th, there was an accident at Mott Street and Pell Street in Manhattan 10013 involving two cars. The NYPD determined the cause was reversing but not watching where you were going.</li>
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source <a href="https://www.rrklawgroup.com/car-accidents-in-manhattan-since-fri-dec-24th/">https://www.rrklawgroup.com/car-accidents-in-manhattan-since-fri-dec-24th/</a>
Kucher Law Grouphttp://www.blogger.com/profile/17278151002965727156noreply@blogger.com0