Swallowing Injuries
ER Visits Doubled for Young Kids Because of This… American children are going to the emergency room more than ever before from swallowing dangerous items. According to The New York Times, a recent study published last week in the journal Pediatrics revealed that the number of children under 6 who were medically seen for swallowing toys, coins, magnets, batteries, and other small objects has almost doubled in a 20 year period; 43,000 emergency room visits in 2015 compared to the 22,000 in 1995. Authors of the study and health experts describe the uptick in these terrifying accidents as alarming and are warning parents to stay alert. All parents and guardians should be educated on the life-threatening dangers ingesting these small items can cause to a child and how to reduce access to products that could contain harmful pieces to decrease the number of tragic injuries. The Most Dangerous Items To Swallow Young children will put almost anything in their mouth, especially if the items even remotely resemble a piece of candy or food. While some things children ingest are simply disgusting, other small items are causing catastrophic and fatal consequences. According to the National Poison Control Center, these are the most dangerous items children can ingest: Small Batteries: Many products now contain a small button or coined shaped lithium batteries that can fall out or be easily removed by children depending on the item. Batteries can burn a hole in a child’s throat or esophagus in just two hours, which can lead to the need for assisted breathing and feeding machines, complicated surgeries, and extensive rehabilitation. Magnets: Children can easily swallow small magnets from toys or adult products. Magnets can stick together through body tissues, including the intestines, which can lead to a loss in blood supply, infection, and internal bleeding. Children’s Jewelry: Chewing on a bracelet and necklace pendant is tempting and dangerous for children. Some jewelry (particularly cheap products) contain harmful ingredients that not only can become lodged in the throat, but cause serious damage to the body. In 2010, a Disney necklace from ‘The Princess and The Frog’ movie was recalled because it contained cadmium- a product that can cause kidney and bone damage when swallowed. Coins: Contrary to popular belief, coins do not always pass on their own. At least 80 percent of surgeries needed for children who swallowed foreign object involved coins. These little ones can do serious damage if left in the body. For instance, pennies made after 1982 carry high amounts of zinc and low amounts of copper. Zinc can eat away at the stomach lining and cause bleeding ulcers and vomiting when ingested. Small Toys and Plastic Pieces: One of the biggest concerns with children swallowing small plastic items is choking. If the item is big enough, it can lodge in the airway. Even if the object is small enough to pass through, if it is sharp, it can cause damage to internal organs. What’s Causing The Uptick Visits Unfortunately, more research is required to determine why there has been a dramatic increase in emergency room visits for swallowing incidents in children. Some of the theories for the upward trend include: Battery Changes: More and more consumer products (including toys) are moving away from the standard alkaline batteries to opt for the lithium coin-sized batteries that are easy for kids to swallow. According to com, these small batteries are known for holding an extended charge and make items more portable. Because more of these items are hitting the market, the need to keep replacements around the house has grown which has also increased children’s access to products that contain them. Cheaper Products: Kids toys have become more complicated and cheap. Not only are they coming with hundreds of little pieces, but poor quality toys can easily fall apart and expose children to small items that fit perfectly in their mouths. Even though toys have age limits, young children with older siblings or who receive items inappropriate for their age can swallow harmful pieces faster than the time it takes for a parent to notice they are dangerous. Children Have More Toys: Modern day children have far more toys than children in the past. The increase in toys has also increased the number of chances children have to choke or become injured when swallowing small items or pieces. Every occasion has become a gifting occasion for our youth and it can be hard to keep track of which toys are safe when so many are entering our homes every year. Don’t Ignore These Symptoms Old wives tales encourage parents that what goes in must come out- don’t take this advice. According to the Cleveland Clinic, if your child is displaying any of the following symptoms after swallowing an item, seek medical attention immediately: gagging; excessive drooling; stomach pain; vomiting’ trouble swallowing; and problems going to the bathroom. If your child swallows a dangerous item such as a battery, magnet, or coin, do not wait for symptoms to arise before calling your doctor and visiting the emergency room. If you did not see your child swallow these items, and have some reason to believe they did, seeking medical attention is much safer than waiting it out. How To Reduce Swallowing Accidents Parents cannot keep an eye on what their child is popping in their mouth every second of the day. Prevention is one of the only techniques parents can use to help reduce the risk of swallow injuries around their home. These recommendations can help get you started: Keep all batteries out of reach; Tightly secure the battery compartment on items such as key fobs, remotes, cameras, watches, flameless candles, and all other products using small batters. If it cannot be secured, keep it out of reach; Get on your kids level. Anything they can put in their mouth should be removed or placed in a secure location out of their reach; Do not allow your children to chew on items that have batteries,
New York Dram Shop Laws
New York is similar to many other states in that if you end up being injured due to an intoxicated individual’s own negligence, you can then bring up any type of personal injury claim against that person. But here in New York your legal options don’t necessarily stop with a claim against the intoxicated individual, and you can also potentially have a legitimate claim against the business, or any other third party, which provided the intoxicated person with alcohol. These particular personal injury cases are known as dram shop claims, and the historical reasoning behind this name is because alcohol was once sold in measuring units called drams. New York’s Dram Shop Act is found in the state’s General Obligations Law sections 11-100 and 11-101, and there were many cases throughout the 1990s that helped fully interpret and establish the overall limits of New York’s Dram Shop Act. These types of cases have now become more prevalent again throughout New York in the past few years, and this article will provide you with a refresher on the intricate details of dram shop cases by looking into third-party liability for alcohol-related accidents, what dram shop laws cover, what plaintiffs must prove, as well as the more subtle nuances that clients and attorneys alike sometimes forget about. Underage Drinking & Social Host Liability Let’s first look into the letter of New York’s Dram Shop Act, per Sections 11-100 and 11-101. Section 11-100 discusses the liability when a minor is the intoxicated person in an alcohol-related incident, and Section 11-101 delves into the liability when a business or alcohol provider illegally gives alcohol to an intoxicated person. In both these situations the person who is injured in the alcohol-related accident can bring about a personal injury claim against the establishment/party who provided the alcohol, under the following stipulations: The business/vendor knowingly caused an individual to become intoxicated/impaired through unlawfully providing alcohol to the individual (11-101) The business/vendor knowingly caused intoxication through providing alcohol to an individual they knew was under 21, or to someone they had a reasonable belief to be under 21. It’s important to understand that alcohol beverage vendors or social hosts are not held liable in New York if they legally provide alcohol to someone 21 or over, even when that intoxicated individual injures someone else due to their intoxication and overall negligence. But there are many caveats to what constitutes a legal and illegal provision of alcohol, and the illegal conduct that 11-100 and 11-101 set forth is officially defined as, “No person shall sell, deliver or give away or cause or permit or procured to be sold, delivered or given away any alcoholic beverages to (1) Any person, actually or apparently, under 21 years and (2) any visibly intoxicated person.” What Do New York’s Dram Shop Laws Cover? A major part of dram shop laws essentially make it illegal for businesses to serve alcohol to anyone who seems visibly intoxicated, and this legal definition of visibly intoxicated is relatively left up to the employee who is serving alcoholic beverages. Some of these signs may be bloodshot eyes, a general lacking in overall physical coordination and slurred speech. We’ll discuss the visible signs of intoxication and the legal implications involved with this tricky part of dram shop laws more below. One of the more unique aspects of New York’s dram shop laws is that the intoxicated patrons themselves cannot actually sue the business establishment that served them. But in turn, the business defendant could potentially be held liable for the damages that a patron of the business establishment causes to a third party. An example of this would be a bar/restaurant serving an intoxicated individual and then that person drives off and hurts someone, which subsequently could lead to the injured person suing the bar for personal injury contributions. Dram shop laws also go much further than just vehicular accident, and can include situations like when a bar patron fights or attacks an innocent bystander, or hurts any type of pedestrian. These laws also cover the overall legal prohibition for serving known habitual drunkards as well. What Must Plaintiffs Prove for a Successful Dram Shop Claim? If a drinking establishment of any type is to be held liable, then it’s crucial that a plaintiff proves the following: The person who caused the injury was intoxicated at the time of the incident The defendant (business) sold liquor to the intoxicated individual The defendant contributed to or ultimately caused the injury-inducing person’s subsequent intoxication If a plaintiff can prove all three of these stipulations then the drinking establishment defendant may be held liable for the overall direct actions taken by the patrons, as well as any type of situation in which a patron was part of a party that was connected to an incident that induced a third party injury. Commercial Sale of Alcohol Most courts have been consistent in holding 11-101 of the New York Dram Shop Act to applying solely within the context of alcoholic beverage commercial sales, which is legally defined as the sale of alcohol for profit. There have been dram shop claims denied within certain extenuating circumstances beyond the traditional definition of a commercial sale, including situations like an office social function or an employer allowing their employees to have free alcoholic beverages during their work shifts. Dram shop liability also does not apply in situations when alcoholic consumption occurs within the private home, which includes underage consumption, given the undisputed facts that alcohol was not commercially sold within the private home. Direct Tortfeasor Sale Once a commercial sale is confirmed within a dram shop claim, the determination of the liquor sale as direct or indirect to the tortfeasor is then established. Any type of indirect sale, regardless of the quantity of the sale, makes dram shop liability invalid for a vendor or business. This is because the New York Court of Appeals has held that a dram shop liability defendant does not have the
205-e Injured Officers’ Right to Sue
Police officers put themselves in the line of fire every day — both literally and figuratively. Whether responding to an emergency or simply pulling over a speeding driver, the job of New York law enforcement officers is filled with dangers and the possibility of serious injury or even death. The New York Legislature has recognized that police officers are uniquely vulnerable to on-the-job injuries. It enacted a law designed to allow officers to seek compensation for losses they suffer in the line of duty. If you are a New York police officer who has been hurt at work, a skilled Long Island workplace injury lawyer can work with you to determine if you are able to file a claim under this law. New York Police Officers Are Not Limited to Workers’ Compensation In New York, workers are usually barred from suing their employers if they are insured on the job. Instead, they are typically limited to filing a claim through the workers’ compensation system, a type of no-fault insurance through which employees can access cash, medical, and other benefits. What is the 205-e Law? However, there are some exceptions to this general rule. Under New York General Municipal Law 205-e, police officers who are injured on the job may be able to file a civil lawsuit in certain circumstances. According to a Long Island workplace injury lawyer, if the injury — or death — was a result of a failure to comply with the law, the responsible person can be held liable for the officer’s injuries. In situations where the officer died, the surviving family members can file a wrongful death lawsuit under section 205-e. These types of lawsuits can be filed against any party who caused an injury or death, including the police officer’s employer or coworker. If a lawsuit is filed against a municipality or other government entity, special rules and deadlines apply to the case. An experienced Long Island workplace injury lawyer can work with you to help ensure that your claim is filed properly. New York police officers may also file lawsuits against individuals, businesses, and other entities. For example, consider a situation where a police officer responds to a call involving a business being robbed, and hazardous conditions on that property cause an injury to a police officer. If those unsafe conditions violated state or local building codes or safety ordinances, the police officer could file a lawsuit against the business for his or her injuries. Similarly, if a vehicle failed to yield right of way to a police car with flashing lights and a siren, causing an accident, the police officer could file a lawsuit against the driver of that car. Another example of a potential section 205-e lawsuit would be if a suspect assaults a police officer. The officer could file a claim against the suspect for any injuries suffered as a result. Section 205-e lawsuits can be complicated, particularly if they involve a municipality, a co-worker, or a complex personal injury claim. Working with a skilled Long Island workplace injury lawyer can help ease the process and ensure that you get the compensation that you deserve for your injuries. Common Injuries for Police Officers According to the Bureau of Labor Statistics, police officers have a higher risk of incurring an on-the-job injury or illness compared to most other occupations. From 2009 to 2014, an annual average of 30,990 nonfatal injuries involving days away from work were reported for police and sheriff’s patrol officers. From 2003 to 2014, an average of 115 police and sheriff’s patrol officers suffered fatal work injuries each year. The most common types of injuries suffered by police officers in the line of duty may not be surprising. They include: Violence by Persons or Animals: the primary cause of fatal and non-fatal injuries for police officers, violence by persons or animals accounts for 27% of non-fatal injuries and over 55% of fatal injuries. Transportation Incidents: this includes both vehicular accidents and officers being struck by vehicles while outside of their cars. It accounts for 14% of non-fatal injuries and 41% of fatal injuries. Falls: over 25% of non-fatal injuries involve slips, trips and falls. While these accidents are rarely fatal, they can result in devastating injuries, particularly if an officer strikes his or her head, neck, shoulders or back. Overexertion: more than 21% of non-fatal injuries are caused by overexertion on the jo, such as muscle sprains and pulls and torn tendons and ligaments. Contact with Objects: almost 9% of non-fatal injuries are caused by police officers struck by machinery or running into objects while responding to a call. This may result in lacerations, contusions and broken bones, or even internal injuries. Exposure to Harmful Substances: approximately 3% of all non-fatal injuries are caused by exposure to harmful substances, such as asbestos, toxic fumes, and chemicals. These injuries and others can lead to serious, long-term damage, or even death. A section 205-e lawsuit may be appropriate in order to seek compensation in the event of an injury. Work with a Long Island Workplace Injury Lawyer If you have suffered an on-the-job injury as a New York police officer, Siler & Ingber can help. We work with law enforcement officers throughout Long Island to help them recover compensation for their losses caused by violations of the law. We offer free initial consultations, where we will explain your rights and options. Our firm never charges a fee unless we recover money for you. Contact us today at 877-718-6079, or reach out online to schedule a free initial consultation with a Long Island workplace injury lawyer.
Bicycle Accidents
Bicycle Accidents In NYC Are Up Bicyclists in New York City should beware. This past January (a month not typically known for heavy bike traffic) saw a concerning increase in both bicycle injuries and traffic fatalities this year. With warmer weather right around the corner, riders should stay educated on the common causes of bicycle accidents and how to stay safe when riding on NYC streets. The Scary Statistics The beginning of the year was brutal for bicyclists in the city. According to an article published by Street Blog titled ‘Bloody January’,191 cyclists were injured in the first 28 days of the year, a 20 percent increase from 2018. NYC also saw a 90 percent increase in traffic fatalities involving pedestrians, bicyclists, and motorists within this time, totaling 19 traffic death compared to the 10 reported in the same period last year. When looking at the data across the five boroughs, each area (aside from Manhattan South which saw the only decrease) experienced an increase in bicycle injuries of at least 10 percent: Manhattan North- 15 injuries up 15.4 percent Brooklyn North- 41 injuries up 70.8 percent Brooklyn South- 40 injuries up 21.2 percent Bronx- 16 injuries up 45.5 percent Queens North- 31 injuries up 10.7 percent Queens South- 10 injuries up 233 percent Why there has been a sudden increase in bicycle injuries is still a mystery. A few theories highlighted in the article include: Too many accidents: There were over 14,538 collisions in NYC just within the month of January. Even though traffic accidents appear to be on a downward trend by at least 8.4 percent, the high volume of crashes poses a significant threat to bicyclists and increases their risk of becoming a victim. Lack of law enforcement: Street Blog reports that some activists believe a lack of police enforcement is causing drivers to get away with reckless driving behaviors that are putting bicyclists in danger. Without the fear of hefty fines, drivers will continue their behavior until someone gets seriously hurt. More bikes are on the road: The efforts made by Vision Zero to provide more bike lanes for safe riding has increased the number of bicycle riders on the road which may have skewed the increase in injuries. However, the article points out that if these safety measures truly worked, the rise in bike safety initiatives should have led to a decrease in injuries regardless of the number of riders in the city. More cars on the road: The New York City Department of Transportation (DOT) reported that there has also been an increase in the number of registered motor vehicles on the road. This could be making it harder for bicyclists to ride safely through highly congested streets. Most Deadly Accidents For Bicyclists We may not know exactly what is causing the recent spike in bicycle accidents, but we do know which accidents have the deadliest results. These are the top three bicycle accidents involving motor vehicles that cyclists should be watching for to avoid catastrophic accidents this season: Failure To Yield: Bicycle riders are in the most danger when riding straight through intersections. Too many motorists do not expect bicycle riders to follow the same traffic rules and regulations as cars. Drivers most often neglect to allow bicycles the right-of-way because they are not paying attention, assume that cyclists will stop for them, or falsely believe bicycles can change direction quickly enough to avoid an accident. Left-Hand Turns: Intersections can also pose a danger to cyclists when it comes to left-hand turns. In NYC, bicycle riders are three times more likely to be killed in a left-hand turn as compared to a right-hand turn. Cars who are in a hurry to turn left at a light can easily miss a bicycle riding straight if their focus is on beating the other vehicles. Dooring: Bicycle riders can suffer horrifying injuries when hit by doors while riding at full speed. Cars who open doors into bike lanes or into traffic put bicycle riders at high risk for accidents, especially when the cyclist’s first instinct it to swerve. More Bicyclists To Come For NYC Even with the overwhelming threat of permeant injuries and death, bicycle riders continue to enter the streets of NYC in swarms. And with more talk about congestion pricing and MTA fare raises, it’s predicted that even more bicyclists will prepare to hit the streets as the weather takes a turn. According to the DOT’s report, ‘Cycling In The City’, there are approximately 460,000 people riding their bikes in the city on any given day. Nearly 1.6 million people have ridden their bicycles within the past year at least one time, and over 800,000 cruises around the city on a regular basis. These growing numbers allow for plenty of opportunities for injuries and accidents to occur if more safety initiatives are not put into place on city streets. How To Keep NYC Cyclists Safe New York City has a long way to go when it comes to improving road safety for our cyclists. Drivers and cyclists need more predictability when it comes to sharing the road and fewer options for making fatal decisions. In addition to the changes the DOT has already made, here are some additional recommendations the department has considered for making NYC streets safer for cyclists: More protected bike lanes; New intersection designs; Delayed and restricted turning; More medians for better traffic flow; Marked left-hand only lanes; Eliminating the number of movements available in an intersection; Increase visibility with curbside lanes; Adding more on-street law enforcement; and More speed or traffic cameras to monitor driver behaviors. Bike Safe To Save Lives In collaboration with safer streets, cyclists can help do their part to prevent traffic accidents by following all city bicycle laws and practicing safe riding behaviors: Wear a helmet; Ride in the street, not on the sidewalk; Ride with traffic; Stop at red lights and stop signs; Use marked bike lanes when available; Ride in a straight line; Look, signal and
The Statute of Limitations for New York Car Accident Claims
If you have been hurt in a car accident, the last thing that you want to worry about is how long you have to file a lawsuit. Yet under New York law, there are very strict deadlines for filing legal claims — and these deadlines depend on a number of factors, such as who was involved in the crash. It can be incredibly overwhelming, particularly if you are already dealing with a painful recovery from your injuries. Fortunately, with the help of a Long Island car accident attorney, you don’t have to do it alone. Read on to learn more about the statute of limitations for New York car accident claims — and how you can get assistance if you have been hurt in a car crash. What Is a Statute of Limitations? A statute of limitations is a legal term that is essentially a time limit to file a lawsuit. In personal injury cases, it is the time that you have to file a legal claim after an accident or an injury. If you do not file a lawsuit against another person or entity for their negligent conduct within the statute of limitations, a court will dismiss your lawsuit and prevent you from suing the person who caused your injuries. For example, consider a situation where you were injured in a car accident in 2005. You were badly hurt, but because you were focused on your recovery, you didn’t even think about filing a lawsuit until 2010. You consult a Long Island car accident attorney, who immediately tells you that you don’t have a case. Why? Because the statute of limitations has run out, and either the other party will move to dismiss the case or the court will dismiss it if you attempt to file a lawsuit. This probably seems unfair, particularly if you are a victim of a car accident and have suffered serious injuries. However, the rule makes sense for both injured parties (plaintiffs) and those who are responsible for the accident (defendants). Witness memories can fade over time, so that their recollections are not accurate. It is also very difficult to collect evidence after an extended period of time, which can make it nearly impossible to prove a case. Many businesses, government agencies and hospitals may destroy or delete paperwork, documents, videos, photographs and other forms of evidence after a certain period of time — all of which could be critically important to your claim. In that sense, the rule encourages plaintiffs to file a suit in a timely manner, so that their case is brought while the evidence is fresh and they have the best chance of succeeding. Finally, this rule protects defendants from the threat of being sued for the rest of their lives over something that may have happened a long time ago. Once you have filed a lawsuit, the statute of limitations is no longer an issue. If the initial deadline has been met, then you can move forward with your case. New York Statute of Limitations for Car Accident Cases In New York, the statute of limitations for car accident cases is three years. This means that after you are in a car accident, you have three years to file a lawsuit — or else risk your case being thrown out entirely. Because the clock generally starts running immediately after your accident, it is important to consult a Long Island car accident attorney as soon as possible after you are injured. Consider a situation where you were involved in a car accident on March 15, 2016. You may have put off seeking legal help because you were more concerned with dealing with the immediate effects of the accident, like dealing with medical bills. However, now that it is 2019, the deadline to file a lawsuit is fast approaching. If you want to recover damages for your injuries, you should talk to a lawyer immediately to learn more about your rights and your options. There is one exception to the three-year statute of limitations rule. If a loved one is killed in a New York car accident, the statute of limitations is just two years. These cases are considered wrongful death claims, and must be filed as such. The statute of limitations in wrongful death lawsuits in New York is two years. When Does the Statute of Limitations Begin to Run? As a general rule, the clock starts to run on the date that the accident happens. However, in some cases, such as when a victim initially survives a car accident, but later dies, the statute of limitations does not run from the time of the accident. Instead, it runs from the time of the victim’s death, for the wrongful death lawsuit. There are also situations in which the statute of limitations is tolled, or paused. For example, if a minor (a person under the age of 18) is injured in a Long Island car accident, then the statute of limitations is tolled until three years after his or her 18th birthday to file a lawsuit. A skilled Long Island car accident attorney can analyze the facts of your case to determine whether the statute of limitations has run. There may also be special cases where the statute of limitations for Long Island car accident cases is shorter than two years, such as if the government was involved in the crash. In New York, you have just 90 days to file a formal claim against a city, county or the state of New York. There is a one-year statute of limitations for filing a lawsuit against a city or county in New York. How a Long Island Car Accident Attorney Can Help The attorneys of Siler & Ingber are committed to working with our clients to help them get the compensation that they deserve. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. If you have been hurt
Soft Tissue Injuries
Not every personal injury case involves a catastrophic fall or a major car accident. Many involve much smaller types of harm. While these cases may not seem as flashy, they are just as important — particularly to those dealing with the pain and discomfort associated with these types of injuries. One of the more common types of injuries suffered by many Americans is known as a soft tissue injury. It can happen in a low speed car accident, a slip and fall, or almost any other type of personal injury case. Working with a skilled Long Island soft tissue injury lawyer can help you recover the money that you deserve if you have suffered such an injury. What Are Soft Tissue Injuries? A soft tissue injury involves damage to the muscles, ligaments and tendons of the body. According to Johns Hopkins, soft tissue injuries can lead to pain, swelling, bruising and damage. They may be classified as: Contusions (bruises) Sprains Tendonitis Bursitis Stress Injuries Strains Soft tissues are found throughout the body, so these types of injuries can impact a person almost anywhere. A soft tissue injury may also lead to secondary effects. For example, a swollen area of soft tissue may press on a nerve, leading to significant pain. It may even cause the nerve to become compacted over time. In this way, even relatively minor soft tissue injuries may become problematic over time. Proving a Soft Tissue Injury Case Soft tissue injuries may happen in a number of different situations. A person may suffer a slip and fall while walking through a grocery store, tearing a ligament, or they may suffer whiplash during a car accident. The responsible party may be an individual, a corporation, or several people. Most soft tissue injury cases will involve an element of negligence. This is a legal term which means that the defendant (the responsible party) failed to act with due care to prevent an injury or loss. To prove this claim, a soft tissue injury lawyer will have to show that the defendant owed a legal duty of care to the plaintiff (the injured party). Next, the defendant must have breached this standard of care either through his actions or through a failure to act (such as by failing to mop up a spill on the floor of a grocery store). The plaintiff must then show that this breach caused the plaintiff’s injury, and that he or she suffered an actual injury. What to Do After a Soft Tissue Injury Soft tissue injuries can quickly escalate from a relatively minor discomfort into a major problem. That is why it is vital to be seen by a medical professional as soon as possible after receiving a soft tissue injury — no matter how it occurred. Immediately after an accident, you should go to a doctor or the hospital to be checked out by a medical professional. If you do not have any immediate symptoms of an injury, pay attention to how you feel over the next several days. If you notice pain, swelling, bruising or stiffness, return to the doctor to seek treatment or to provide an update on your symptoms. Doing so can help to prevent your soft tissue injury from becoming worse, and may reduce the possibility that your claim will be barred by you failing to seek treatment. In some cases, insurance companies will use a failure to get medical attention as a reason to deny coverage for an accident or injury. For this reason, it is important to go to a doctor after an accident, even if you do not think that you were hurt. Document your recovery, including how the injury interferes with your daily life. This will help you keep track of how your soft tissue injury has impacted you, and can help your soft tissue injury lawyer build a strong case for damages. How a Long Island Soft Tissue Injury Lawyer Can Help Just because a soft tissue injury does not require a stay in the hospital or a surgery does not mean that it is not serious. These types of injuries can take months to recover from — and can have a significant impact on your quality of life. It is important to get soft tissue injuries treated as soon as possible — and to seek the advice of a seasoned soft tissue injury lawyer to help you get the compensation that you deserve. At Siler & Ingber, we represent victims of all types of accidents as they pursue justice. We work on a contingency fee basis, which means that you don’t pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a soft tissue injury lawyer, contact us today at 877-718-6079, or reach out to us online.
Motorcycle Safety
Motorcycle Safety: Share The Road To Save Lives The arrival of the spring solstice is also the start of motorcycle season. As the weather begins to warm up, motorcycles will be everywhere. To help keep all drivers safe this spring, New York motorists must be willing to share the road and do their part in helping to reduce preventable traffic injuries and fatalities from occurring. Motorcycle Accidents Are Deadly It only takes one unsafe driver to turn a thrilling motorcycle ride into a deadly disaster. According to the Insurance Institute for Highway Safety (IIHS), motorcyclists are 28 times more likely to die in a traffic accident than drivers of any other type of motor vehicle. In 2017, at least 5,172 people were killed in motorcycle accidents across the United States. In New York State we saw a 14.3 percent increase in motorcycle deaths in just two years, totaling more than 136 deaths in 2017 compared to the reported 119 deaths in 2016. The IIHS research also shows June, July, and September has the highest motorcycle fatality rates of the year. However, that doesn’t mean March is any safer. As all New Yorkers can attest to, spring weather is entirely unpredictable, and any warm day could bring swarms of motorcycle enthusiasts out on the road. Drivers must stay alert for the possibility of sharing the road with motorcyclists at all times and educate themselves on how motorcycle accidents occur to spread awareness on how to prevent them. What Causes Motorcycle Accidents Motorcycles do not have the same level of visibility and protection as cars and trucks, nor does their size allow them a fighting chance in a collision. Unfortunately, despite their safest efforts, motorcyclists suffer the worst consequences of poor driving habits on the road. According to the National Highway Traffic and Safety Administration (NHTSA), when motorcycles and cars collide, it’s usually not the motorcyclists who are violating the law. The most common road behaviors leading to fatal motorcycle accidents involving other motor vehicles include: Turning left in front of a motorcycle (most common accident); Changing lanes without checking mirrors; Driving distracted, drunk, or impaired drivers; Swerving in and out of lanes; Speeding or aggressively driving; Entering and exiting highways without looking; and Following motorcycles too closely. Motorcycle accidents most commonly occur during the week, when cars and vehicles are in more of a rush to during work commutes and weekly activities. The Governors Highway Safety Association (GHSA)reports that most riders killed in motorcycle accidents die after hitting fixed objects. Motorists who are not paying attention or driving aggressively can easily swerve or push motorcycles into signs, guard rails, road barriers, and concrete bridge pillars, all with the capability of causing fatal injuries. Injuries Caused by Motorcycle Accidents Even if a motorcycle accident does not prove to be fatal, serious and permanent injuries can result from collisions that could cost a rider years of pain and suffering. Possibly injuries may include: Mild to traumatic brain injuries; Skin and soft tissue damage; Broken bones; Muscle damage; Neck and spinal cord damage; Serious burns; and Bodily disfigurements. Some of these injuries result in permanent disabilities that can alter someone’s life in an instant, such as paralysis, severe brain damage, or chronic pain. In addition to the physical losses, the financial implications of these accidents can be debilitating for riders and their families. Extensive medical bills from surgeries, specialists, and long-term care needs can quickly pile up, and often become impossible to pay, especially if the rider has lost their ability to earn wages. Preventing New York Motorcycle Accidents New York drivers are accountable for their actions on the road, and understanding the dangers their vehicle can pose to a motorcyclist is the first step. Here are some ways New Yorkers can practice safety when sharing the road with motorcycles this season: Leave space: Follow the four-second rule for providing space between you and a motorcycle in front of you to allow enough time to stop safely. Account for weather: Road conditions are hazardous for both drivers and bikers when the weather is terrible. Make sure to use extra caution and don’t assume the weather is keeping motorcyclists off the roads. Know the right-of-way laws: Knowing and following all the right-of-way laws will help avoid an unnecessary collision with motorcyclists. Look before you turn: Always looking before you turn, especially when turning left, to help avoid hitting a motorcycle. Check your blind spots: It’s not difficult for a motorcycle to hide in your blind spot. Don’t rely on your mirrors alone before you make a move. Stay sober: Never drive while under the influence of drugs or other substances. Keeping Riders Safe Motorcycle riders cannot always rely on other drivers to keep them safe on the road. Riders can use these tips for safe riding to help reduce their risk of injuries when in an accident: Wear your helmet: New York State law requires all motorcyclists and riders to wear a helmet when riding. IIHA reports that helmets are 37 percent effective in preventing motorcycle deaths and 67 percent effective in preventing traumatic brain injuries. Ride in good weather: No matter how skilled and experienced you are, riding in inclement weather is not safe. Your visibility and the visibility of others is significantly impaired, and slippery roads can cause motorcycles to lose traction quickly. Ride sober: Never drink and ride! Drive defensively: Take a defensive driving course to learn how to reduce your risk of accidents on the road with other vehicles. Stay visible: Try not to hide in obvious blind spots or sneak up on drivers who may not see you before they make a dangerous move. New York City and Long Island Motorcycle Accident Attorneys Motorcycle riders deserve the same respect on the roads as every other motor vehicle. If you or a loved one has been injured in a motorcycle accident due to the negligence of another driver, the law firm of Siler & Ingber is here to help. Call us
New York Car Accident Settlement Process
Being in a car accident can be incredibly frightening. Dealing with the aftermath can be equally stressful, particularly as you start to deal with insurance companies and paperwork while you attempt to recover from your injuries. One of the most frustrating aspects of the process for many people is that they don’t understand the process. Most people are fortunate enough to not be in multiple car accidents in their lifetimes. This means that they lack the experience to know what to expect in the New York car accident settlement process. Learning about this process from a Long Island car accident attorney can help you feel more in control. It can also assist you in making wise decisions, as you understand that each stage is just a step in the process. Step One: Filing a Personal Injury Claim with the Insurance Company The first step in the New York car accident settlement process is to notify the at-fault party’s insurance company about the accident and your injuries. This is done by filing a claim with the other driver’s insurance company. Most insurance companies have a system for filing claims online or over the phone. You should do this as soon as possible after the accident, or in any case, within 24 hours. In response to filing a personal injury claim, the insurance company will send you a “reservation of rights” letter. This letter will indicate that the insurance company plans to investigate your claim, but it is not admitting any liability for your injuries. New York is a no-fault state for car accidents. This means that you will be covered by your own insurance company for certain damages regardless of who was at fault in the accident. As a result, you can and should seek medical treatment immediately after your crash. Bills for medical treatment, prescription drugs, lost wages, and transportation to and from medical providers will all be covered. Step Two: Sending a Demand Letter to the Insurance Company After consulting with and hiring a Long Island car accident attorney, your lawyer will investigate your case and begin to put together a claim. Your attorney will then send a demand letter to the insurance company. The demand letter will set forth the facts of what happened in the accident as well as your injuries. It will also itemize your damages, including medical bills, lost wages, and pain and suffering. Your Long Island car accident attorney will use his or her experience and other cases to craft this demand letter and put calculate a total amount in damages. Step Three: The Negotiations Begin Once the insurance company has received your demand letter, a claims adjuster will contact you to discuss an initial offer. If you are represented by a lawyer, all conversations and negotiations will go through your Long Island car accident attorney. The claims adjuster will work to convince your lawyer that your claim is with much less than what you have demanded. He or she may argue that the number selected for “pain and suffering” is too high, or that your injuries are not properly documented. This is where having a skilled Long Island car accident attorney is truly valuable. Your lawyer will use his or her negotiation skills to reject this initial low-ball offer, and reply with a counter offer. This counteroffer will restate your original demand, and reduce your settlement amount slightly to move the negotiation process forward. The negotiation process will continue in this manner, often with the claims adjuster and your attorney making several offers and counteroffers between them. Importantly, your Long Island car accident attorney is required to inform you of all offers to settle your case. It is your decision to settle the case or move forward with negotiations. Step Four: You Accept or Reject the Final Offer If you have not reached an agreement, the claims adjuster may make a final settlement offer. At this point, you will either have to accept the settlement offer or reject it. If you choose to reject it, you will have to prepare to file a personal injury lawsuit and the possibility of taking your case to trial. If you decide to accept the settlement offer, then negotiations will be complete. You can work with your Long Island car accident attorney to sign the final paperwork and move forward. If the number is closer to what you originally requested, you can be happy knowing that your patience and persistence paid off in the long run. Work with a Long Island Car Accident Attorney The New York car accident settlement process can be lengthy. However, over time, it can result in achieving a far more favorable outcome for those who follow a careful strategy. Accepting an initial offer can often lead to getting far less for your claim than what it is worth. At Siler & Ingber, we understand the challenges of the settlement process. We are here to help. We offer free initial consultations to all of our clients, where we explain your rights and options. Best of all, we never charge a fee unless we recover money for you. To learn more, contact us online or call us at 1-516-294-2666 to schedule an appointment.
Rejecting and Responding to a Low Insurance Settlement Offer
For those of us who are fans of legal dramas on television, the idea of going to court over a personal injury lawsuit may seem exciting — and a little nerve-wracking. In reality, the vast majority of personal injury cases are settled outside of court. This makes it incredibly important that your Long Island personal injury lawyer have top notch negotiation skills. In most cases, the insurance company will start by offering you a low amount in the hopes that you will accept it. This is just the opening offer in what should be a series of negotiations designed to get you the money that you deserve. The Steps of a Personal Injury Case The Insurance Company Contacts You In a typical personal injury case, after a person has suffered an injury, he or she will be contacted by an insurance company. The injured party may choose to cooperate with the insurance company to obtain a settlement, or consult with a Long Island personal injury lawyer about their rights and options. Retaining an Attorney By retaining an attorney, an injured person can determine if they are entitled to more compensation than what the insurance company is offering. A Long Island personal injury lawyer will thoroughly investigate the case, analyze the law, and draft a demand letter. The Demand Letter This letter will include the facts of the case, the legal basis for the claim, and the amount of damages claimed. The damages may include items such as medical bills, lost wages, pain and suffering, and future medical treatment. The Insurance Company’s Investigation After a demand letter is sent, the insurance company will perform its own investigation. It will then reply with an offer to settle the case. The parties will negotiate back and forth until a final settlement is achieved. 95 to 96% of personal injury cases settle before trial. In rare cases, the case will go to trial, where a jury will either find for the plaintiff (the injured party) and award damages, or find for the defendant. Responding to a Low Settlement Offer The initial settlement offer made by many insurance companies is often very low. There are many reasons why this may happen. The claims adjuster may conclude that you were partially at fault for your injuries, or that your injuries were simply not as serious as what you claimed in your demand letter. Whatever the case may be, remember that this initial settlement offer is just the start of negotiations. Insurance companies know that when victims of accidents receive their first settlement offer, they are often in difficult financial circumstances. They may have been out of work for weeks or months, and have significant medical bills. Many victims are eager to accept the first settlement offer that comes their way — even if it is lower than what they deserve for their injuries. The job of the insurance company is not to make sure that you get the compensation that you deserve for your injuries. Insurance companies are for-profit businesses. They want to protect their bottom line — and that means offering you less money than you are rightfully owed. When you receive an initial or low settlement offer, take the time to analyze the letter. Review the reasons given by the insurance company for the low settlement amount. A skilled Long Island personal injury lawyer can respond to each of the points made by the claims adjuster, and reiterate your position as to why you deserve compensation. Next, focus on why you deserve a higher settlement offer. List the reasons why you are owed more compensation than what has been offered. Include a demand for more money (a higher settlement offer). This will serve to reject the insurance company’s low settlement offer and to make a counteroffer. Your counteroffer should be lower than what you asked for in your initial demand letter to show that you are willing to compromise — but not so low that you do not have room to negotiate. These types of negotiations may go back and forth for several weeks or months. An experienced Long Island personal injury lawyer can use the facts of your case plus awards from other personal injury cases to build a strong argument for settling at a desirable amount. For example, if a similar car accident case resulted in a jury award of $500,000, then a settlement amount of $450,000 will seem reasonable. Work with a Long Island Personal Injury Lawyer If you have been injured in any type of accident, working with a Long Island personal injury lawyer can help you get the money that you deserve for your injuries. Insurance companies do not want to just hand over money to you; it often requires aggressive negotiation for you to get fair compensation. The attorneys Siler & Ingber have devoted their practice to representing victims of all types of accidents. We represent clients on a contingency fee basis, which means that we never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation, contact us today at 877-718-6079, or reach out online anytime.
March is Workplace Eye Safety Awareness Month
Occupational eye injuries happen more often than you think. More than 2,000 workers sustain an eye-related injury on the job every day according to the National Institute for Occupational Safety and Health (NIOSH). Of these injuries, 10 to 20 percent result in temporary or permanent vision loss that could change the course of a worker’s life forever. Experts believe that 90 percent of occupational eye injuries can be prevented just by using certified and approved protective eye equipment. The American Optometric Association reports that workers experience eye injuries most commonly from not wearing any protective eye equipment or not wearing the right type for their job. In addition to the painful physical consequences of an eye injury, about 1 in 10 eye-related accidents require one or more missed workdays to recover. These unnecessary injuries not only cost workers a loss in wages, but can also lead to expensive medical bills, surgeries, the need for customized eyewear, and other long-term treatment costs depending on the severity of the damage. To help spread awareness about the importance of wearing appropriate eye protection on the job, March is Workplace Eye Wellness Month. As spring approaches, it is the perfect time to educate employers and employees on the specific hazards in their work environment that can lead to eye-related accidents and remind them how to reduce the number of injuries by using protective eye equipment in the future. Eye Hazards Are Everywhere No workplace is immune to eye hazards. Industries posing the most threat to worker’s eyes include construction, welding, woodworking, and other manufacturing positions that work with chemicals, foreign particles, and extreme heat. However, even office occupations can cause strain and injury to the eyes if safety precautions are not taken. These are just a few of the eye hazards employers should be watching for when monitoring employee eye safety at work: hazardous chemicals (acids, corrosive substances, fuel, other harmful gasses); metal shavings and molten metal; wood chips and sawdust; dirt or sand; cleaning supplies; paint and stains; bright lighting or prolonged exposure to light; radiation; and glass or plastic particles. In addition to the harmful particles and materials a worker could be exposed to, rouge tools and flying objects can easily hit someone in the eye and cause severe trauma without any eye protection as a barrier. Why Employees Don’t Wear Protection The best protection against occupational eye injuries is protection that employees will wear. Several reasons for why employees may not be wearing protection on the job include: discomfort; irritation; impaired vision; scratched or damaged equipment; under or oversized equipment; underestimating hazards; feeling unfashionable; and employer is not providing eye protection. Wearing just any eye protection on the job will not help prevent eye-related accidents. Protective eye equipment must be approved, certified, and in good condition to protect workers. Eye protection that is cheaply made or already damaged can break and lead to further injury to the eyes. Eye protection not durable enough to protect workers from the specific hazards they are exposed to can also break or still allow harmful materials to enter the eye without providing a proper seal. Most Common Eye Injuries Unfortunately, our eyes are not made of impenetrable matter. It only takes a speck of dust or even an eyelash to cause irritation and the injuries some workers are subject to can pose far worse consequences than a mild twinge. According to the American Academy of Ophthalmology (AAO), these are the most common eye injuries employers and workers should be aware of: Eye scratches: Foreign particles entering your eye or getting poked by an object can have the potential for causing minor to serious abrasions to the cornea. These injuries can lead to eyes feeling gritty, sensitive to light, result in blurred vision, or cause headaches. Deep scratches can lead to long-term vision loss, chronic pain, infections, and scarring. Getting hit in the eye: Blunt trauma to the eye can cause swelling, bleeding, and bruising to the eye region. These injuries happen quickly and can be as simple as an accidental elbow or a flying tool to the face. Minor injuries may just appear as a black eye, but internal damage such as traumatic iritis (trauma to the iris of the eye) can require treatment and result in permanent or decreased vision loss. Punctures or cuts: One of the most serious eye injuries on the job is when an object punctures or cuts the eye. These injuries could result in the need for emergency surgery or removal of the affected eye depending on the severity of the accident. Chemical burns: It only takes a small amount of a hazardous chemical to cause tremendous pain and damage to the eye depending on the substance. Workers not wearing protection can easily get splashed or sprayed in the eye unexpectedly. Two additional eye injuries becoming a problem for American workers who work with screens are eye strain and computer vision syndrome With so many jobs requiring long hours of work on computers, tablets, and phones, employees can suffer from physical fatigue, headaches, red eyes, twitching eyes, double vision, and neck or shoulder pain. Along with the painful effects, eye strain can play a considerable role in decreasing productivity levels, causing employees to have trouble focusing, and increase their risk of errors. Types of Eye Protection For Workers There is no need to put your worker’s eye safety at risk. Before assigning any worker to a task, employers should assess the dangers that could arise and provide the appropriate eye protection needed to complete the job safely. There are endless products on the market geared explicitly towards different industries that can help reduce accidents causing eye injuries, some including: goggles; prescription and non-prescription eyeglasses; full and partial face shields; full-face respirators; welding helmets; Depending on the working conditions, many companies offer products with additional features such as anti-fog and tinted lenses to decrease the chance of employees feeling the need to take them off. For computer-based jobs, blue-light glasses can help
