Car Accident While Pregnant: What You Should Do
If you’ve been in a car accident while pregnant, it is imperative that you get the care you need to protect your health and that of your unborn child. In nearly all situations, mothers-to-be face increased risks of complications, premature birth, and miscarriage when involved in a car accident. When someone else is at fault, it is essential to get the financial compensation owed to you to help you overcome your losses. Our personal injury attorneys at Siler & Ingber, LLP are available to discuss your case with you today. Know the Risks to You and Your Child In every situation, even minor car accidents, the very first step you should take if you are in a car accident while pregnant is to go to the emergency room. Even if you feel okay, this is an essential step. Then, file a police report about the incident. The risks to the mother and unborn child are significant in even minor car accidents. A study reported by CMAJ found that women in their second trimester were at a 42 percent greater risk of miscarriage after a car accident than they were prior. Thousands of women have experienced this heightened risk each year. What You Should Do After an Accident As noted, an emergency room visit is recommended for all women involved in any type of car accident while pregnant. From there, a police report is necessary to document the incident. We encourage you to involve our team in the process as quickly as possible. Women involved in a car accident may be at a higher risk of requiring the use of more monitoring and screenings to prevent and detect complications throughout the remainder of their pregnancy. For this reason, you may wish to wait to file a settlement with the responsible driver until after all losses are fully understood. This is where our team can help you. How Can a Car Accident Injure Your Unborn Child? During pregnancy, your body is at a heightened level of risk. Complications are not uncommon in women who face a moderate to severe car accident. Consider a few of the most common injuries and losses you may have as a result of such an incident. Miscarriage Women are at a higher risk for suffering a miscarriage after a car accident because of damage to the stomach and uterus. Though rare, this is the most severe complication. High-Risk Pregnancy Many times, doctors will label and take steps throughout pregnancy after a car accident to minimize further risks. This can mean spending more time in the hospital, under bed rest, and facing more consistent monitoring. Birth Defects Depending on the type of accident, the child could suffer some level of injury as a result of the car accident. This may include developmental delays due to a lack of oxygen or damage to the amniotic fluid. Premature Birth Being born too early due to a car accident can place babies at a higher risk of health complications as well. Premature birth means the child is less developed especially in areas of the heart and lungs, creating potential long-term risks for that child. Trauma Several types of trauma can occur to an unborn child, just as it can impact you after a car accident. Placental abruption can occur, which means the placenta breaks away from the uterus. Fetal trauma such as damage to the child’s body or brain can occur. Compensation for Accident While Pregnant For mothers-to-be, the most important step is to get care, but that care may come at a significantly higher cost if your pregnancy is labeled high risk. You may need to spend more time in the hospital. You may need more extensive testing. If there are complications, this may mean surgeries or many additional medical costs after the child is born. Pain and suffering can be a concern for you, too. This can be a very demanding time for you. However, with the help of a personal injury attorney, you can rest assured you can get the financial support you need. A simple collision can mean long-term consequences. Our team can work with you to understand if you’ve suffered any losses, what length of time those losses will occur, and what steps you can take to obtain the compensation owed to you. There’s also the emotional distress and turmoil you face throughout this process to consider. Pursue Legal Action Against Those Who Put You at Risk: Call Your Personal Injury Attorney Today At Siler & Ingber, LLP, our dedicated team of attorneys is ready to help you. With millions of dollars in settlements awarded to our clients, we are happy to listen to your case and provide you with insight. We have over 20 years of experience and a win rate of 98%. You can depend on us. Request a free case review by calling us or using our online form to request more information.
10 Most Dangerous Toys of 2018
One child is treated in the emergency room in the United States every three minutes for a toy-related injury. While some of these injuries can be the result of sibling brawls and random accidents, others are caused by toys that are known to be harmful, manufactured without the safety of children in mind. Not All Toys Are Safe! Even though toys are made for kids, not all manufacturers take the time to make their products safe. The non-profit organization World Against Toys Causing Harm (WATCH) released their ’10 Worst Toys’ list for the 2018 winter season this week, just in time for Black Friday and Cyber Monday shoppers. Parents and anyone looking to buy toys for their loved ones should stay clear of these toys or similar items to help avoid unnecessary illnesses and injuries that could ruin your holiday spirit this year. 10 Worst Toys of 2018 NICKELODEON NELLA PRINCESS KNIGHT PILLOW PETS SLEEPTIME LITES This unicorn light is marketed towards infants as a soft, plush pillow that also serves as a fun nightlight for a crib. But not only does this toy pose a risk of battery-related injuries in the case of an acid leak, but Nella is made with small heart and flower decorations that could be easily swallowed by children if removed. NERF VORTEX VTX PRAXIS BLASTER This toy gun is hazardous regardless of who is operating it due to its forceful launch of 10 discs in a row that could lead to serious face and eye injuries. However, WATCH finds this toy particularly dangerous because it’s marketed towards children as young as 8-years-old, who may not understand the danger of firing the gun within close range of others. MARVEL BLACK PANTHER SLASH CLAW These toy plastic claws are hard, rigid, and marketed to children as young as five-years-old. They come with a written advisory not to ‘hit or swing at people’ due to a risk of serious face or eye injuries- not a very realistic request for a five-year-old. Pieces can also break apart posing a choking hazard to children with habits of placing objects in their mouth. POWER RANGERS SUPER NINJA STEEL SUPERSTAR BLADE Manufacturers of this toy expect children as young as four-years-old to play with this spring-loaded, hard plastic blade without 1) aiming it at anyone, 2) hitting anyone, 3) poking anyone, and/or 4) swinging at anyone according to package warnings. Any of these actions towards another person could cause facial and impact injuries due to the sword’s design. CABBAGE PATCH KID DANCE TIME DOLL The hair band on this fancy dance doll is extremely fashionable, but not very safe for the toddlers they are marketed towards. This headband can be removed and poses a choking hazard if a child were to ingest the accessory. ZOO JAMX XYLOPHONE This musical toy is made for young children between 1-1/2 to 4-years-old, yet contains a harmful component that could lead to terrifying injuries and fatalities. The drumstick handle is rigid, slender, and measures at 9-inches in length, which is long enough for a child to swallow and choke on. NICA WONDERLAND DOLL- MINICLARA THE BALLERINA Toddlers may love this ballerina doll, but parents should beware. Miniclara comes with a plush and detachable pet friend named ‘little kitten’ who could cause a child to choke if they decide to chew on it. STOMP ROCKET ULTRA ROCKET This toy is desirable for children who love to watch rockets fly up to 200 feet high. The running and jumping feature, however, could be extremely harmful to kids who have not lined up the toy correctly and end up shooting the rocket forcefully into their eyes or face. CUTTING FRUIT Toddlers love to pretend to be like their parents, including copying everyday tasks such as cooking and cleaning. This set allows kids as young as two-years-old to pretend to cut their fruit just like mom or dad but contains a knife that has the potential to cause blunt trauma injuries and puncture wounds. JANOD PULL ALONG DOG This pull toy is infuriating to safety officials as it clearly violates industry standards. While the standard for crib toys is that strings be created less than 12 inches, this toy has a 19-inch long string that could put children at risk of strangling themselves. Shop Safe Long Island These toys are not the only ones on the market posing an injury risk to your children this season. Parents, do your research before buying any toys for your children this holiday to ensure they do not have a known history of recalls or causing injuries and illnesses. It’s also important to take age recommendations on toys seriously to avoid young children from injuring themselves playing with toys meant for older kids. If your child has been seriously injured in a toy-related accident caused by dangerous products, our expert team of personal injury attorneys is here to help. Contact the law firm of Siler & Ingber at 1-877-LAW-4343 for a free case evaluation to explore your options for seeking justice.
Thanksgiving Travel Safety
Thanksgiving Day is only a week away. Before hunkering down into a delicious spread of home cooked favorites, you have to figure out how to get there first. AAA is predicting a record number of travelers this holiday, exceeding 54 million Americans traveling more than 50 miles from their home. Prepare Now For Thanksgiving Travel Nightmares Travel hazards causing injuries and fatalities always increase around the holidays and now is the time to plan and prepare. Thanksgiving is particularly dangerous as most employers do not offer the Wednesday prior off, resulting in a slew of fatigued, rushed, and distracted travelers trying to get to their destinations for the holiday. Whether you’re hitting the open road, taking a flight, or simply walking a few city blocks to your Thanksgiving feast, planning for safety will reduce your risk of unnecessary accidents this holiday. Dangers on the Open Road Thanksgiving is one of the most dangerous and fatal holidays on the road. At least 48.5 million travelers will choose to take a car to get to their Thanksgiving celebrations this year according to AAA, which is also the most dangerous of all major modes of transportation. The National Safety Council (NSC) is estimating around 433 fatalities and 49,400 serious injuries resulting from vehicle accidents this holiday- none of which are anything to be thankful for. To help avoid traffic accidents, here are the most common road hazards motorists should prepare for and safety tips to avoid injuries in the case of a crash: Congested Roads: AAA reports major cities such as New York, San Francisco, and Boston see an increase of quadruple the normal drive times as Thanksgiving approaches. Drivers stuck in traffic tend to use aggressive and dangerous maneuvers to avoid waiting in traffic, putting others around them at risk. To avoid causing accidents: drive defensively (not aggressive), always use traffic signals, leave plenty of room between cars, and always wear your seatbelts to reduce the severity of crash injuries. Distracted Drivers: Drivers on the road this Thanksgiving have to fight to concentrate on congested roads, in over-packed cars, and among countless other distractions around them. To help stay alert: reduce distractions inside the vehicle by turning down the music, keeping conversations with passengers to a minimum, and don’t use any electronic devices (including phones) while driving. Drunk Drivers: In 2016, the NSC reported that 34% of the fatal accidents during the Thanksgiving Day period were caused by impaired and drunk drivers. Holiday drinking is common but keeping impaired drivers off the road can be difficult. If you want to drink this holiday, make sure you do not have to drive home. Take an alternate mode of transportation, secure a designated driver, or stay the night to avoid putting others in danger. Broken Down Cars: AAA expects to rescue nearly 360,000 motorists due to car trouble this holiday. Oil changes, fluid leaks, dead batteries, and tire issues are the most common culprits. Motorists should make sure to get their vehicles fully inspected to prevent breakdowns that put passengers and drivers at serious risk if broken down on the side of a busy road. In-flight Disasters You are generally safer on a plane than traveling in a car during Thanksgiving but accidents can still occur that can cause serious injuries and tragic fatalities. These accidents typically happen in-flight, the most common including: Falling Baggage: In an attempt to avoid extra baggage costs, travelers are stuffing heavier carry-on bags into the overhead compartments posing an increased risk of serious injuries to passengers below. Falling bags cause an estimated 4,500 injuries every year, so make sure the bag you are placing over your head is not too overstuffed. Turbulence: Nearly 60 passengers are seriously injured every year due to airplane turbulence according to the Federal Aviation Administration (FAA). Turbulence injuries can range anywhere from traumatic head injuries to broken bones. To reduce your risk of turbulence-related injuries, the FAA suggests: always buckling up when seated, listening to flight attendant’s warnings, use approved child seating, and only get up when absolutely necessary when the seatbelt sign is not on. Slip and Falls: AAA estimates at least 4.27 million travelers will take flight this Thanksgiving, causing large crowds and long lines. Slips and falls over packed aisle ways, drink/food spills, abandoned luggage, and other travelers can be common, especially during a holiday weekend. Make sure to plan ahead for your flight so you don’t have to rush and stay alert to what is in front of you to avoid falls. Food Cart Crashes: Everyone looks for the food cart to come but no one wants to get run over by it! Food carts can be extremely heavy and cause serious injuries to passengers in the aisle way in the case of a runaway cart. Keep the aisles near you clear, keep all hands/arms/leg/feet in your seat if sitting on the aisle and keeps kids by the window seats to avoid unnecessary food cart injuries. Trains, Buses, and Pedestrian Hazards For commuters who are taking the subway, train, bus, or a walking to their holiday get together, be prepared for more traffic than ever. AAA predicts an increase of at least 1.4 percent in passengers traveling by bus and train this year. With increased traffic brings higher risk of accidents, leaving commuters in danger if they are not traveling safely. New York City and Long Island travelers can use these safety reminders from NYC The Official Guide to prevent injuries during their holiday commute next week: Subway and Trains Always stay behind the yellow line at the platform stations. Be mindful of the platform sizes. Some are larger than others and falls can occur with packed platforms. Do not hold subway or train doors open. Keep all hands and possessions inside the car. Do not use the doors inside the cars to walk between unless instructed to or absolutely necessary. Only buy MetroCards from approved vendors and kiosks. Taxi, Lyft, Uber
The Dangers of Dispensing Errors
Medications are life-saving, but only when used correctly. Sadly, over 7,000 people die annually due to medication errors, according to the National Center for Biotechnology (NCBI), and some of these mistakes are occurring before the patient even receives their prescription from the pharmacy. Dispensing Errors Cause Unnecessary Harm Pharmacists are not doctors, but their role when it comes to a patient’s health outcome can be just as critical. Medication errors are among the most common causes of injuries and death in the medical field, with dispensing errors accounting for approximately 21% of these incidents according to Pharmacy Times. Dispensing errors as defined by NCBI are discrepancies between what the patient was prescribed and what medication and instructions are delivered. Pharmacists can make a number of dispensing errors in the course of their job, including: Dispensing the wrong dosage Dispensing the wrong medication Dispensing the wrong medication strength Dispensing at the wrong time Dispensing the wrong quantity Failing to dispense Dispensing medication of inferior quality Dispensing medication with the wrong information on the label Dispensing for the wrong patient When pharmacists make any one of these errors, patients can become severely ill or injured. Patients may not only see zero change in the condition they were originally being medicated for, but they could also experience adverse reactions to the medication errors, some proving to have fatal consequences. What Causes Dispensing Errors? Pharmacies can be stressful environments, especially as the demands for medications continue to increase. NCBI reports these as the most common reasons for dispensing errors in pharmacies across the country: high volume workloads short staffing fatigued employees time constraints interruptions look-alike/sound-alike medicines Additional causes found in various studies on dispensing errors blame unreadable handwriting, lack of effective controls, lack of concentration on the job, lack of organization, and talkative customers for pharmacy mistakes. Furthermore, these studies also highlighted a lack of systems present to detect dispensing errors, allowing incorrect prescriptions to flow right out the door without a second look or fail-safe policy. How To Prevent Dispensing Errors It is the responsibility of a pharmacist to dispense the correct medication to patients using accurate information and doctor’s recommendations. However, pharmacists are only human and errors are bound to occur eventually. To help prevent these harmful mistakes, Pharmacy Times recommends pharmacies apply these strategies to reduce the number of errors when dispensing medications: Ensure all prescriptions are entered correctly. Confirm prescriptions are complete. Watch for look-alike, sound-alike drug names. Be mindful of zeros and abbreviations. Organize your workstation and office. Reduce distractions when working. Reduce unnecessary stress. Balance heavy workloads. Store drugs properly. Carefully check all prescriptions. Always provide patient counseling. Patients can also help prevent pharmacy errors by doing their own due diligence before taking prescribed medications: Always read the script your doctor gives you before it is filled. Make sure you understand the type/dosage you will be taking and why. Double check the information on the bottle and bag to make sure you have the same medication your do doctor prescribed. Confirm your personal information to avoid a patient mix-up. If you have any questions, always ask to consult with the pharmacist before you leave, even if they appear busy or annoyed at your request- it could save your life. Victims of Pharmacy Malpractice When a pharmacy makes a dispensing error with your prescription, what do you do? It’s not always clear as to where the mistake was initially made when it comes to determining liability for injuries and fatalities due to medication errors. However, if you suspect you could be a victim of pharmacy malpractice, here are the first steps to follow: Seek medical attention immediately for adverse reactions. Call the pharmacy to report the dispensing error. Save the medication, bag, receipt, and bottle. Call an experienced pharmacy malpractice attorney. Medication errors cause unnecessary harm to patients every day. If your health was jeopardized by negligent medication dispensing practices, contact our winning team at the law firm of Siler & Ingber to seek justice for your injuries today.
Trucking Accidents in New York: Regulations, Prevention, and Liability
Vehicle accident fatalities in the United States are on the decline- except when it comes to large trucks. According to a recent report released by the National Highway Traffic Safety Administration (NHTSA), fatal accidents involving large trucks have increased by nearly 10 percent in just one year and all drivers should be aware of the dangers. Trucking Accident Trends Large Trucks Are Killers Large trucks are making roads across the country more hazardous than ever for travelers. Shocking data revealed in the NHTSA’s 2017 Fatal Motor Vehicle Crashes report illustrates an uptick in fatalities resulting from trucking accidents, and the majority of these deaths are occupants of other vehicles on the road. Here are the deadly trends to be concerned with regarding large trucking accidents from 2016 to 2017: Crash fatalities involving large trucks went up by 9%. Tractor-trailer crash fatalities increased by 5.8% Single unit crash fatalities increased by 18.7% A total of 4,761 people were killed in trucking accidents in 2017, a tragic bump of 392 deaths from the year before. While 841 of these fatalities were occupants of the large trucks involved in the accidents, 3,920 of these deaths were other drivers, passengers, and pedestrians on the road- unsuspecting victims just trying to go about their day. Lack of FMCSA Regulation Another important trend to notice in the 2017 NHTSA crash fatality report is that some large trucks are posing more of a danger on the roads than others. The Federal Motor Carrier Safety Administration (FMCSA) which is dedicated to preventing injuries and deaths related to commercial vehicles, believes smaller and unregulated large trucks may be to blame for the death spike. FMCSA has a number of regulations trucks and drivers must follow in order to remain compliant with their safety measures. They use USDOT numbers to track and monitor company vehicles, evaluating their driving habits, compliance reviews, investigations, and audits to help improve the overall safety of the roads. Unfortunately, the FMCSA has a limit to which trucks they have the authority to regulate. The NHTSA data is showing that larger trucks involved in the spike of traffic fatalities may be out of the weight limit to be regulated by the FMCSA, allowing them to continue reckless driving practices that could lead to more fatal accidents on the road. Why Trucking Accidents Are So Deadly There are hundreds of reasons for why a trucking accident could occur, the most common being driver error, inclement weather, poor vehicle maintenance, equipment failure, and improper cargo loading. Regardless of what factors cause these accidents, all crashes involving large trucks have the ability to cause catastrophic injuries and tragically high death tolls based on these three factors: Massive Size: A large truck is defined by the U.S. Department of Transportation as a vehicle weighing more than 10,000 pounds, but some can weigh as much as 80,000 pounds when loaded. Tractor-trailers weigh an average of 35,000 pounds even when completely empty!l In addition, large trucks measure anywhere between 45 to 65 feet long in length, posing a seriously high threat to other vehicles on the road in the case of a collision. Lack of Maneuverability: As you might be able to imagine, large trucks that are this heavy and long are not easy to drive. Obstacles that could be easily avoided by a car on the road can be extremely difficult or impossible for trucks to maneuver around. Trucks do not have the ability to make any quick moves. Attempting to swerve could cause a truck’s trailer to skid out of control, crossing multiple lanes of traffic at the same time. Slow Stops: The heavier a vehicle is, the longer it takes to stop. Large trucks that are trying to avoid obstacles such as other cars who stop quickly will not be able to forcefully stop their massive machines right in place. Experts show it can take a truck well over 500 feet to come to a complete stop- in the meantime taking out everything in its path until it does. How to Prevent Fatal Trucking Accidents When a truck loses control, it’s too late to prevent the disaster that will unfold. However, there are several driving safety steps all drivers on the road can take to help prevent accidents involving large trucks from occurring in the first place: Brake slow and steady. Use your turn signals to give warning of your intentions. Signal early. Be aware of other drivers and their behaviors. Watch for signs of negligent driving- swerving, tailgating, speeding. Avoid participating in negligent driving behaviors. Don’t try to beat the trucks or swerve between them. Stay clear or trucks showing any sign of distracted driving. It’s impossible to control the driving habits of large trucks on the road or even the negligent actions of other cars around these dangerous vehicles. But by using these safe driving tips whenever sharing the road with large trucks, you are doing everything in your power to reduce your risk of contributing to a trucking accident that could result in dozens of serious or fatal injuries. Who Is Liable for a Truck Accident? Determining who is responsible for a deadly trucking accident is not always simple. There are a number of players that could be at fault for any injuries or deaths caused by a large truck that must be considered when considering liability: truck driver trucking company owner of the truck or trailer manufacturer of the truck and parts (tires, breaks, etc.) the loader of the truck’s cargo It’s common for the parties above to battle with one another over insurance payments and liability. No one wants to take the full blame for commercial trucking accidents, especially when they result in fatalities. But among all the finger pointing, the victims of these accidents can often be forgotten, leaving individuals and families wondering if they will ever receive justice for their losses. Long Island Trucking Accident Experts When passenger cars come head-to-head with trucks of massive proportions, they don’t
NYC Reports First Flu-Related Pediatric Death of the Season
Several people in NYC have been hospitalized with the virus since late August and one child is confirmed to have died last week from the flu in New York City. The Department of Public Health reported its first pediatric death in New York City of the 2018-19 season on Oct. 26th. According to an article in Ramapo Daily Voice, Health Department officials have reported the first flu death in New York City this season. Details, such as where the patient was treated and the exact date they died, were not disclosed. To read the full article: https://ramapo.dailyvoice.com/news/first-child-flu-death-of-season-reported-in-new-york/743899/ Experts said this isn’t necessarily a harbinger of a nastier than usual flu season, they say it should drive home the message that the flu is dangerous, and people should get vaccinated. Deaths have risen in 2018 Within the past few years, flu-related deaths account for 12,000 to 56,000 nationally in one season. The CDC reported an estimated 80,000 people died in the 2017-2018 flu seasons. Medical experts recommend everyone age 6 months and older receive a flu vaccine by the end of October. They state that senior citizens are the most vulnerable for getting the flu, adding many of them do not get the flu shot. Although the flu vaccine mixture last year may have not been the best fit, they highly recommend people do not take the risk and avoid being vaccinated. For tips on preventing the flu and more info from the CDC, click here.
Halloween Safety
Halloween is almost here- an exciting night of candy, costumes, and celebrations. But for parents, Halloween can also be a night full of dangers and safety concerns that can have anxieties running on high. Traffic Dangers The streets can be a dangerous place for trick-or-treaters on Halloween. In 2015, a tragic car accident involving a driver experiencing a medical episode behind the wheel resulted in the death of three pedestrians in the Bronx after he drove onto the sidewalk- one of them a 10-year-old girl trick-or-treating. A deadly car accident like this could happen at any time, but with the massive increase in pedestrians out on the street, the chances on Halloween are higher. The National Safety Council (NSC) reports that children are twice as likely to be hit and killed by a car on Halloween than any other day of the year. Crosswalks and intersections are especially dangerous on this holiday. Out of the 7,330 pedestrian fatalities reported back in 2016, 18% of these deaths occurred at intersections and road crossings, a popular place to find trick-or-treaters dashing across the road in the dark. Costume Disasters Picking out or making a costume for Halloween is one of the most exciting parts of the holiday. But picking the wrong costume or adding dangerous features can greatly increase anyone’s chances of being injured this holiday. Costumes can lead to anything from minor cuts and bruises, to broken bones from falls or even fatal injuries from obstructive views while on busy streets. Cosmopolitan lists nine of the most common costume designs and props that can cause injuries this Halloween: Vintage clothing (carry dust mites that trigger allergies and asthma) Floor-length fabrics (tripping hazards) Metal accessories (lacerations and skin irritations) New shoes (ankle and foot injuries) Borrowed costumes (bacteria and germs) Cheap makeup (skin and eye irritations) Masks (vision obstructions) Contact lenses (eye injuries, vision obstructions) Fake glasses (headaches, eye injuries, vision obstructions) Candy Horrors Horror stories about razor blades and needles in Halloween candy have been plaguing the holiday for years. Though some people believe these stories to be myths, several proven cases of people dangerously tampering with Halloween treats do exist and will make parents think twice about what’s in their child’s trick-or-treat bags: A woman from New York put ant traps laced with arsenic, steel wool and dog treats in teenage trick or treat back bags in 1964. Her reasoning was she thought the teens were too old to be trick-or-treating. Another woman in New York in 2014 claimed to discover shards of glass inside of Tootsie Pops her children got around Halloween time. Not all treats have to be tampered with to be dangerous. Treats that are unwrapped or some homemade goods could contain foodborne illnesses from improper handling. Other children could be at risk of allergic reactions if they snack on candy without their parents double checking the ingredients. Pet Hazards Halloween is not as much fun for your pets as it is for your kids, often leading them to get sick, seriously injured, or cause them to injure others when they normally wouldn’t. Dogs can be poisoned from certain types of candies such as chocolate, causing horrible side effects such as diarrhea, rapid breathing, increased heart rate, vomiting, and seizures. Pets can be easily agitated by props, costumes, and the constant opening and closing of the door, causing them to display more aggressive and anxious behaviors than normal. Sadly, pranksters also have been known to tease, injure, steal, or even kill innocent animals on Halloween when they are left outside at night. Be Safe This Halloween To avoid any unnecessary injuries this holiday that could spoil your fun, SafeKids Worldwide and the Food and Drug Administration (FDA) encourages all Halloween enthusiasts to follow these safety tips for a successful and safe night: Walk Safe: Make sure your young trick-or-treaters are extra cautious on the road this holiday and know basic traffic safety if old enough to go out on their own: Cross the street at clearly marked crosswalks or visible street corners. Look both ways before you cross the street. Put down the phone or other distractive devices. Walk, don’t run, so cars have plenty of time to see you coming. Make eye contact with drivers if possible when crossing the road. Use sidewalks if available or walk on the grass. If your child does not know basic traffic safety, they should be supervised by an adult. Never try to beat the cars on the road- they might not see you! Wear Safe (Costumes): Your costume may be super creative, but will not protect you if drivers cannot see you. Choose light colors for costumes or use reflectors or reflective tape so cars can see you. Try to avoid using masks so you have the best visibility of your surroundings. Give kids flashlights or glow sticks to help drivers spot them. Don’t wear costumes that have sharp elements sticking out of them to avoid hurting others. Wear costumes that are the right size to avoid trip and fall accidents. Always clean costumes before using. Wash off all makeup at the end of the night to avoid irritations to the skin and eyes. Drive Safe: If you are driving this Halloween, be alert to the increase in pedestrians and expect the unexpected: Enter and exit any driveways or parking lots slowly and carefully. Know the trick or treating hours in your neighborhood (typically 5:30 pm to 9:30 pm) Look for pedestrians at intersections, curbs, crosswalks, or medians before making turns. Drive slow and stay especially alert when in residential areas. Never drink and drive. Reduce the number of distractions in the vehicle: pedestrians, music, phones, GPS, etc. Eat Safe: With conspiracy theories about Halloween candy hazards aside, it’s better to be safe than sorry: Never eat unwrapped candy. Encourage your kids to wait until they get home to eat any candy. Remove candy that could be a choking hazard from young trick-or
What to Do if You Get in a Car Accident but Don’t Have Insurance
When you are in a car accident, the damages can be significant. You, and potentially the other driver, may be suffering from medical concerns, property damage, and a variety of other losses. But, who will pay for these losses? In New York, which is a no-fault state, most people turn to their own insurance companies for financial protection. But, what happens if you do not have insurance? This is when you are facing significant risk. What Are New York State Laws? Under New York law, you are required to maintain auto insurance on yourself if you are driving a car. If you are pulled over, or you are involved in an accident, and you do not have auto insurance, you are likely to face fines and potentially a loss of your driver’s license. As a no-fault state, New York laws specifically eliminates whether fault matters. By comparison, in many states, the driver at fault is responsible for paying for the damages caused to the other driver’s property. In New York, this does not apply. Rather, no matter who causes the accident, each driver’s insurance policy covers their losses. How Does This Impact You If You Don’t Have Coverage? If you are driving without auto insurance, you are violating state laws. And, if an accident occurs, it makes it financially difficult for you to obtain any compensation for your losses. For example, if you are in an accident in which another driver strikes your car, their insurance does not pay for your losses, even if it was their fault. This leaves you without any way to cover your losses. In most situations, you are likely to face fines as well as the losses you’ve obtained from the accident. This may include fines, but it may include jail time or the loss of your license, especially if it has happened before. Could You File a Claim Against the Other Driver? In some situations, it may be possible to file a claim with the other driver’s coverage if you can prove the losses were significant and the individual’s actions warrant it. However, this can be difficult to do. In these situations, you may need to file a lawsuit to request that the court require the other driver to cover some of your losses. This may be necessary in situations where your losses are significant, such as the vehicle is totaled or severe injuries occur. In cases where the other driver is driving under the influence, you may also be able to pursue this type of claim. What Should You Do Right Now? In situations where you are in an accident, and you are facing financial loss due to a lack of auto insurance, your first step is to contact your attorney. It is not common for the court to award coverage for your losses through the other driver’s policy – remember, New York is a no-fault state which means drivers are responsible for their own losses. However, our legal team will work closely with you to examine the situation to determine what your legal options may be. In all situations, your attorney is going to work with you to determine if you can step outside the rules of no-fault insurance for your losses. This will include learning more about what happened and why the accident occurred. It may include gathering information about the incident from cameras and witnesses. In most situations, the court will only consider this type of situation if there are extreme losses or in situations where the other driver was driving with the intent to cause damage or loss. Your attorney can also offer help in protecting your license from any fines and losses you may experience as a result of driving without state-required auto insurance. There may be limited options available to you in this situation. However, negotiating for reduced penalties may be an option in some situations, and that could mean keeping your license. However, every situation is very different. It is important to work closely with your legal team to ensure your legal rights are always met. If you do not have car insurance, now is the time to obtain it. Whether it is a simple lapse in coverage due to missing a payment or a lack of coverage for other reasons, having insurance is necessary to prevent such losses. When You Need Legal Support, Call Siler & Ingber, LLP When you are facing financial loss due to an accident you’ve caused, or you need help filing a claim for compensation from another driver, allow our experienced and dedicated attorneys to help you. Call Siler & Ingber, LLP for a free consultation. With over 20 years of experience, we can help you through a free case review. Call 877-718-6079 or use our online contact form now.
What to Do When an Insurance Company Refuses to Pay Your Claim
Dealing with an insurance claim, whether it is after a car accident or experiencing an injury, can be a stressful process. There are claim documents to fill out and receipts to send in. You want to make sure that you do everything right so you can get the compensation that is needed to pay off your expenses. Unfortunately, not every claim is paid out by the insurance company. When this circumstance happens, you may feel completely discouraged. You might even give up on your claim while trying to figure out how to pay for all your medical bills and damages out of your own pocket. Yet you shouldn’t immediately give up on the insurance claim process. You do have options where you can appeal the denial and try to get the insurance company to pay the entire compensation amount. Figure Out Why the Claim Was Denied There are many reasons why an insurance company could deny a claim. It may be as simple as making a mistake on the forms. Other reasons could involve that you filed the paperwork past the specified deadline, the policy has lapsed, or there is an exclusion to the policy that impacts your claim. The insurance company may simply want more information, or they are not willing to pay the full amount. Once you know why the insurance company doesn’t want to pay the claim, you can take the right steps to rectify the situation to your benefit. Send in the Required Documentation Always make sure to have all the documentation that is required to prevent a denial from the insurance company. They may want to understand why you paid certain damages to your car or home, or why you received a certain procedure from a medical professional. This circumstance also happens frequently when you are requesting a certain amount of compensation but the insurance company wants to pay a lesser amount. By having thorough documentation, and copies of your documentation for your own records, you can ensure that the insurance company has all the documents that are needed. Keep Details About Who You Talked with at the Insurance Company With all the back and forth emails, phone calls and letters, you most likely will speak to a lot of different people at the insurance company. After a time, it can feel like you are just going through an endless, hopeless loop of denials and deflections. Make sure to write down the name of the person you spoke with, the time of the call, and take notes of the conversation. These details will benefit you if you hit a roadblock and will later need to take more legal action against the insurance company. Send in a Demand Letter If your claim was denied by another person’s insurance company, such as the liable party after a car accident, you can send the other insurance company a demand letter. The demand letter should outline all details of your claim, such as what occurred that requires you to file for compensation, what damages or medical expenses you have, and why the other person is at fault for the damages or medical conditions caused by the accident. You can have a personal injury attorney help you draft the letter. The attorney’s law firm may carry enough weight to convince the insurance company that you are serious about the claim and will take further action if needed. Go Through the Formal Appeals Process and Arbitration If you tried talking with the insurance company to provide them with all the information about the accident or damages and they still deny you, you may be able to go through a formal appeals process. There are some states that are required by law to offer an appeals process or arbitration. Going through arbitration may help you get a settlement, although the process can be complicated depending on how the insurance company has their appeals process set up as well as the deadline on when you can make a formal request. Filing a Lawsuit Filing a lawsuit is usually the last option on the list when you are trying to get the insurance company to pay for your claim. Keep in mind that the costs of filing the lawsuit and going to court could be more than the insurance compensation that you are seeking. Getting the necessary legal advice throughout the entire process can help you make the best decision based on your particular circumstances. If you had an insurance claim denied in Long Island, turn to the personal injury attorney firm of Siler & Ingber, LLP. Fully experienced on handling insurance companies and claims, we can help you file for compensation as well as go through the appeals process so you receive the right settlement amount.
Dealing with Insurance Adjusters? What to Do to Get Compensated
After a car accident, filing an insurance claim can help you out financially as you can receive compensation to pay for medical bills and car damages. However, it is not as simple as sending in the claim form to ask for a specified amount. The insurance company will evaluate the circumstances of the accident to determine who was at fault for the accident. Then they will decide on the amount to pay out in compensation. Under certain circumstances, you may receive the entire amount of the insurance compensation as the other party involved in the accident was completely at fault. Other times, the insurance company will claim that you are partially liable for the accident. When held partially liable, the insurance company may only pay part of the claim. Another situation that you may encounter is when the insurance company won’t fully pay for all of your expenses as they will argue that your injuries didn’t warrant certain medical treatments or that the damages were not as bad to require such high repair bills. What Is an Insurance Adjuster? An insurance adjuster works for the insurance company to offer a settlement amount. They will interview all parties that were involved in the accident. In addition, the insurance adjuster will also review hospital records, police reports and any other documentation that relates to the accident and your claim. After reviewing all the information and accident stories, the insurance adjuster will put in a first offer of settlement. What Happens During the First Call with an Insurance Adjuster? When an insurance adjuster calls to perform an initial interview, make sure to answer all of their questions concisely. Give all the details in a clear manner when telling your version of the car accident. Avoid becoming impatient or stressed out as you may feel as if the questions aren’t necessary or are repetitive. If you fail to give all the details of the accident, then the adjuster could have the insurance company deny your claim because you may inadvertently admit to causing the accident or not give enough details to convince them to pay the claim. After gathering all the details, the insurance adjuster will provide you with a settlement amount. Negotiating the First Offer Typically, the settlement amount that the insurance adjuster offers will be way lower than the amount you had in your mind. Don’t be afraid to refuse the first settlement offer or ask questions on why the amount is so low. Let the insurance adjuster explain why they came by with that compensation amount as you can ask additional questions and provide other evidence while stressing on why you should receive higher compensation. The whole negotiation process may take several phone calls as you and the insurance adjuster will continue providing counter offers. Have a realistic number in your mind regarding what you would like to receive, and also have a minimum amount of how much you are willing to take. Remember not to belabor the facts regarding the accident during the negotiations with the insurance adjuster as they already have your side of the story. Instead, focus on emphasizing how traumatic the accident was and how the damages or injuries severely impacted your daily life. Let the insurance adjuster know how reasonable your medical compensation and vehicle damage costs are to the insurance company. Tell them how the injuries could have a long-term impact on your physical health. Make sure to also keep stressing on how it was the other parties fault for the accident. Reaching an Agreement If the insurance adjuster offers a price that you can accept, then confirm the agreement. Immediately send a letter confirming that you are accepting the agreed-upon amount and how that amount will pay for medical expenses and damages. Make sure the letter has the insurance adjuster’s name, date and time on when the agreement was made. This process will ensure that the amount doesn’t suddenly change when the insurance company send out the payment. What to Do When You Can’t Reach a Compensation Amount If you are becoming frustrated with how long the settlement negotiations are taking or the low amount of compensation they want to offer, consider hiring a personal injury lawyer who is versed about the insurance claim process. The attorney can help negotiate your claim as the will not let the insurance adjuster play on your emotions or make you feel as if you will lose out on everything if you don’t immediately take the first offer. Seek Assistance from an Experienced Personal Injury Attorney If you are seeking legal help when it comes to dealing with insurance adjusters, contact Siler & Ingber, LLP. We are personal injury attorneys with in-depth insurance company knowledge. We can expertly negotiate with insurance claim adjusters so you can get the best compensation amount for your needs.
