US Open Traffic
You may have noticed your commute has been crawling a bit slower than usual this week if you live on the east end of Long Island. And we’re sorry to say that traffic will not be getting any better throughout the weekend. The US Open Is Here! The U.S. Open on Long Island is expected to bring an estimated 30,000 spectators a day, all traveling in various ways on across Long Island to attend. Though the event is exciting for sports enthusiasts and businesses, it can be quite the traffic headache for motorists- some residents are reporting five-minute trips to the store are taking hours! The Open is being held at Shinnecock Hills Golf Club in Southampton through June 17th. To get you through the remainder of the week, here’s what you need to know about the roads. Road Closures and Restrictions Suffolk County officials have enacted a number of road closures and roadway restrictions to accommodate the Open. These traffic updates have drastically affected the number of vehicles on the roads and completely altered routes commuters travel throughout the day: Closures: Tuckahoe Road closed from County Road 39 to Sebonack Road and to Montauk Highway. The road will be partially open from CR 39 to Montauk Highway on June 19, followed by the remainder on June 22 St. Andrews Road from CR 39 to the entrance of the Greek Orthodox Church, also closed to pedestrians and bicycles. Knollwood, Country Club, Underhill, Overlook, and Terrace drives closed from 6 AM to 10 PM. Restrictions: Hills Station Road will be one way from CR 39 south to Longview Road from 6 AM to 10 AM. Shrubland and Greenfield roads, as well as Tuckahoe Lane, will be right-turn only between 6 and 10 AM St. Andrews Road West will be right turn only between 6 AM and 10 PM. Bicycles and pedestrians are also susceptible to road closures/restrictions so be sure to check before you head out on any trips. For more information, take a look at the map of US Open road closures and vehicle restrictions. Reduced Speed and Congestion Patterns Speeding and traffic congestion can be the perfect recipe for serious accidents. To help keep traffic moving steadily and safely through the area during the Open, the speed limits on the following roads have been reduced, effective until June 19th: Reduced to 30 MPH: County Road 31, Old Riverhead Road, in Westhampton from Montauk to Sunrise Highways from 6 AM to 10 PM. Reduced to 35 MPH: Montauk Highway from Knoll and Tuckahoe roads in Shinnecock Hills. Sunrise Highway, County Road 39 and Montauk Highways have all been nightmares since the beginning of the week. Drivers are also reporting the major congestion occurring on Flanders Road coming south from Riverhead and on Montauk Highway creating a backup extending west beyond Hampton Bays. Temporary blinking traffic signals have also been reported to keep traffic moving in and around the Open course: County Road 39 at Shrubland Road Tuckahoe Road near the course intersection Montauk Highway at St. Andrews Road intersection and the Tuckahoe Road intersection. Canoe Place Road and Montauk Highway Regardless of where you drive, the summer weather and natural increase of vacationers around this time of year are making other areas of Southhampton just as congested, causing grid-locks and constant stop-and-go conditions that are unavoidable. LIRR Travel Updates Officials are urging residents to take the train when possible to avoid the constant traffic near the Open. To accommodate the additional travelers in the area, Long Island Rail Road president, Philip Eng, reported there will be five to ten additional trains running on the Montauk line to help with the overcrowding and delays. There could be an average of 9,000 riders a day going through to Sunday, so leave plenty of time for travel delays in your commute. Safety Concerns As with any world-renowned event, public safety is a huge priority. Suffolk County police and sheriffs’ departments, New York State, Metropolitan Transit Authority, State University of New York-Stony Brook, and Southampton Village police will all be working together to react to any safety concerns regarding the event. If you see any concerning behavior while either attending the Open or if you just happen to be in the area of the events, please contact 911 immediately to alert officials of the suspicious activity. Drive Safe LI Traffic accidents and injuries are extremely common when changes in the roads occur due to a big event. Residents should stay alert at all times when driving or walking and use safe driving practices. Aggressive driving such as speeding, swerving, and passing illegally are all leading causes of vehicle and pedestrians accidents so please don’t take chances among the chaos. If you or a loved one has been injured in a vehicle accident due to negligence, our experienced personal injury attorneys are here to help. As experts in the field of vehicle accidents and personal injury litigation, our team at Siler & Ingber will fight to win you the compensation you deserve for injuries sustained. Call 877-718-6079 or fill out the form below to schedule a free review today.
Gas Prices Rise on Long Island
If you’re able to take public transportation to work, you may want to consider a switch in your commute… LI Gas Prices Are On The Rise! Gas prices on Long Island and across the country are higher than they have been in four years. Most consumers are seeing prices at the pump well over $3 per gallon, and one gas station in Manhattan even hit $5 per gallon! On Memorial Day weekend, motorists saw gas prices increase by 31 percent compared to just last year, with no end to the recent spike in sight. Why Are LI Gas Prices So High Gas prices on Long Island have substantially risen since January, but gas stations typically don’t raise their prices on a whim. There are several variables both nationally and globally that can contribute to an increase in gasoline prices, as well as determine how long drivers have to suffer before seeing prices return to more affordable levels. Americans Are Driving More At this point in our economy, things are not looking too bad. People are buying more vehicles and taking the opportunity to travel via cars more often. Not only that, but commuters are opting out of using public transportation and leaning more towards ride sharing options and personal vehicles to get to work. However, the more drivers that are on the roads, the higher the demand is for gasoline. When demand increases, so does the price of the goods, and the current price for crude oil is skyrocketing around the world. Summer Gas Is Different Than Winter Not all gasoline is composed of the same materials all year round. Summer blends of gasoline must be able to evaporate slowly in high temperatures, while winter gasoline is manufactured to evaporate more quickly at low temperatures to keep vehicles running in the cold. According to the U.S. Environmental Protection Agency (EPA), summer gas blends contain about 1.7 percent more energy than winter blends. The positive is better gas mileage, but the negative is that gas stations hike up the price to cover their increased cost. Taking Advantage of Holiday Travelers A less scientific reason for why gas prices tend to rise, especially around summer holiday weekends, is the simple fact that there are more travelers on the road. Gas stations prey on holiday travelers because they know the high cost of gas will not deter them from filling up their SUV’s and RV’s with thousands of gallons of overpriced gasoline. This past holiday weekend, nearly 34 million Americans hit the road for Memorial Day trips and 70 million set off on the water to participate in recreational boating- that’s a lot of visits to the gas pump to fill up on overpriced fuel. Conflict Overseas In 2017, the United States imported nearly 10.1 million barrels of petroleum per day according to the U.S. Energy Information Administration. These barrels come from about 84 different countries, and some countries are more prone than others to both internal and external conflicts that can affect the importation of goods. Political instability, natural disasters, and war all have a major effect on the availability of crude oil, particularly when it comes to countries located in the Middle East. Reducing Your Cost At The Pump You may have zero control over global politics or the national holiday schedule, but there are a few steps you can take to lower your fuel costs during the current gas spike: Shop around: Don’t settle for the closest gas station to your work or home, do your research. Use these helpful apps to find out who is offering the best gas prices in your surrounding area and be aware of cross-state differences in cost. Slow down: Aggressive drivers and motorists in a hurry guzzle up more gas than any other consumers. The faster you drive, the more fuel you have to buy, so try not to use a heavy foot on the gas. Carpool: If you can carpool to work, school, or any function with friends or family, do it! Reducing the amount of time you drive and splitting the gas prices between multiple parties is far more cost-effective than taking separate vehicles. Public transportation: We know public transportation is not always the most appealing or reliable, but planning ahead can help you make the best out of your trip and get the most for your dollar. Empty your car: If you store a lot of things in your car, you could be wasting gas and not even realizing it. Heavier cars use more fuel, so only keeping necessary and emergency items in your vehicle will help cut your fuel costs. Walk and bike: With the weather taking a warm turn, walking and biking can be an excellent option to run errands or get to places within close proximity. Don’t Go Broke…Travel Smart The rise in gas prices is disappointing to most Long Island residents, especially those who travel often or have no other way but to commute to work then by car but don’t let the price of gas ruin your summer. Be conscientious about using fuel and get creative about your daily and weekend transportation. You don’t have to go broke driving on Long Island this summer if you learn to travel smart.
Laser Hair Removal Lawsuits: Can I Sue Over Treatment Injuries?
Laser hair removal has been a growing fad for the past decade, especially for people living throughout the New York area. Women and men are having the hair on their chins, faces, upper lip areas, underarms and bikini areas removed with the use of a laser as an alternative option instead of plucking, shaving or waxing the area. However, when the treatment is performed improperly, injuries can occur that lead to scars, burns and even infections. If you have undergone such a treatment and suffered injuries, you are not without legal recourse. You may be able to receive compensation for your injuries. How Does Laser Hair Removal Cause Injuries? Laser hair removal involves the use of equipment to produce a laser or pulse of light. This equipment is placed against the skin as the light penetrates to the hair follicle, heating it to the point where the hair burns away. Laser hair removal procedures are normally performed multiple times until the hair no longer grows. When you get laser hair removal, it may feel as if you experienced a mild sunburn as there may be redness or swelling. Anti-inflammatory creams and lotions will be given to you to help with the recovery stage. Unfortunately, since the laser equipment uses light and heat to penetrate the skin, second or third degree burns may result. The intensity of the light may be too strong for some people, especially those with sensitive skins. If you experience a second degree burn, it means that the laser equipment caused damage past the first layer of skin as you will have blisters and scarring. A third degree burn is more serious, as the heat penetrated through all the layers of skin to cause internal injuries. In these cases, you could have blisters, scarring, nerve damage, or blood vessel damage. If left untreated, the third degree burn can lead to an infection or other medical complications. Why Do Laser Hair Removal Injuries Occur? In New York, the laser hair technician does not require any type of licensing to perform such a procedure. So you can often find medical spas, salons or wellness centers offering this treatment. A licensed physician may not actually be the person to provide the treatment as the task will be performed by their staff member or clinician who has not been properly trained. Some staff may have only had a single day course in training to use the laser device and will perform the procedure without having the physician in the room. Another factor is that laser hair removal equipment has become more powerful as technology advances the industry. The technician may be using it at the wrong setting based on the person’s skin type and the technician’s lack of training. Lastly, the technician may be in a rush to finish the procedure so they can get to the next client. In an effort to do the treatment quickly, the technician may end up burning your skin due to negligence. What to Do to Receive Compensation for Laser Hair Removal Injuries The first thing to do is reach out to a professional injury lawyer to talk about the problem. You may feel embarrassed to tell anyone about what happened because of the scars and skin pigmentation changes. However, your injuries can end up lowering the quality of your health and cause emotional distress in addition to requiring medical services if the serious burns lead to an infection. Being compensated for these injuries can allow you to get the right medical treatment to prevent further complications. Also, a lawsuit against the spa, salon or wellness center may help to expose shady practices and prevent other people from becoming injured by the same technician. Since laser hair removal procedures are not classified as medical treatments, you will not be able to sue the clinic for medical malpractice. On the other hand, you can bring a lawsuit against them for negligence and emotional distress due to the procedure. It will be up to you to prove in a court of law that the hair removal treatment you received caused the injuries. You will need to gather information about the person who performed the procedure, their employer, as well as the owner of the facility where you obtained treatment to determine who can be held liable. You should also find out the type of equipment that was used to perform the laser hair removal so it can be determined whether or not the equipment was defective. Gather photographs of the injuries and medical bills for treatment. In addition, if you received any rehabilitation or subsequent treatment to deal with the issues, such as scar removal treatment, you should also bring along such medical documents. New York Laser Hair Removal Lawsuit Settlements Second and Third Degree Burns: $225,000 After a laser hair removal procedure on and about the female genitalia area, a woman experienced severe second and third degree burns. The long-term consequences of this scarring is serious, and although it did fade, the woman suffered physical and emotional damages. Burns Caused Scarring on Legs: $125,000 Laser hair removal treatments to the arms and legs left one woman with serious burns. The young woman’s laser burns caused a checkerboard pattern of red marks on both of her arms and legs. Although the scars have faded somewhat, they remain visible. She continues to receive treatment from a dermatologist with the hope that the scars will not be permanent. She continues to experience depressed mood, loss of confidence and self-esteem, sleep impairment, anxiety and shame over the scars. Severe Burns on Genitalia: $75,000 A woman received multiple laser burns on her genitalia and the surrounding area after laser hair removal. Although the injury is not permanent, she endured both physical and emotional pain and suffering. Burns to Legs: $65,000 A woman suffered laser burns on both legs as a result of cosmetic hair removal. The treatment resulted in several burns to the legs when the machine’s power controls were
How to File an OSHA Complaint Against Your Employer
When you go to work each day, you provide a service and receive payment for providing that work. You have reasonable expectations of safety while working at the location. Unfortunately, it is very common for workers to see mistakes occur or not be given the right protection while on the job. Often, this causes workplace injuries, sometimes with significant consequences. In some situations, you may wish to file a claim with the U.S. Department of Labor’s Occupational Safety and Health Administration. This organization’s goal is to help you to work in a safe location. If you were hurt at work, you already have the right to file a workers’ compensation claim for your losses. However, you may want to be proactive and help your workers remain safe. This may be when you decide to file a claim with OSHA. You can do this, but it is often a process requiring legal guidance. At Siler & Ingber, LLP, we are happy to assist you in this process. Who Can File a Complaint with OSHA? OSHA’s guidelines are meant to provide employees with protections while on the job. As a result, you can file a claim to report an employer who you believe may be in violation of these requirements. This will likely create an opportunity for OSHA to come to the location to inspect the location. What Are Your Rights? Federal law provides the right for workers to have a safe place to work free from any known safety and health hazards. And, you legally have the right to file such a complaint with OSHA without any risk of retaliation on the part of the employer. Here is a look at some of your rights as defined by OSHA as employer responsibilities. Your employer must provide training to you in a language you understand. The employer must provide protection from toxic chemicals. The employer must provide necessary safety gear when a risk is present. You have the right to review records of any work-related injuries and illnesses that occur. You have the right to report an injury or an illness. How Do You File a Complaint? To file a complaint with OSHA, you simply need to follow the steps on OSHA’s website. You can do this online, by mail or fax, or over the phone. Keep in mind that you should never wait long to file this complaint. Do so as soon as you notice the compliance problem or hazard present. Most importantly, you must file soon to ensure OSHA has time to inspect and issue necessary violations within six months of the event occur. Will You Lose Your Job If You File a Complaint? It is very clearly defined under federal law that employers cannot retaliate against you for filing a complaint like this. This means the employer cannot fire you or treat you differently for contacting OSHA and filing a request for an inspection. They cannot transfer you either. If this is something that occurs, it is essential that you file a whistleblower complaint with OSHA, which will protect you. You must do this within 30 days of the incident. You can visit the OSHA Whistleblower Protection Program to read the guidelines and file the complaint online, by fax or mail, or over the phone. What About Your Losses? OSHA does not pay you anything if you file a complaint. If you suffer loss as a result of these violations, though, you may have the right to file a claim for compensation. It may fall under workers’ compensation claims. Or, the claim may fall under other personal injury claims depending on the situation. In all cases, you should seek out an attorney right away. Though it is illegal to retaliate against these types of complaints, risks exist. And, you may have the right to financial compensation for your losses. This will take a lawsuit filed against the company or a claim filed with the company’s insurance agent. It is essential to report each claim if you notice them. Let us help you to determine what your rights are, if you should file a complaint, and what your compensation may be. We provide confidential support to you. There’s no risk in speaking to your attorney before you file a claim. Before You File a Complaint, Request a Free Case Review Filing an OSHA complaint is not the only step you can take to recover from the losses you suffer. We encourage you to contact our legal team at Siler & Ingber, LLP to discuss your case. We offer a free case review to discuss what occurred and what your legal rights are. We’ve helped clients for 20 years and have secured awards of over $50 million. We’re confident we can help you as well. Call our legal team at 877-718-6079 to request a free case review or use our online form, and we’ll contact you.
Insurance Denied Medical Treatment: What Now?
Many people struggle with debilitating pain and medical problems for years after they are in a car accident. Even if you do not, you may need immediate medical help right after the accident. When an insurance company tells you it will not pay for those medical needs, it is frustrating and worrisome. You just want to feel better, but an insurer is telling you they will not cover the costs. What do you do? What you should never do is give up. With the help of the right personal injury attorneys, like our team at Siler & Ingber, LLP, we will help represent you as you obtain the financial compensation owed to you. We also help work as a buffer between you and the insurance company. This means you get the financial help you need for those medical needs, but you do not have to battle the insurer on your own. Why Did Your Insurer Deny Your Claim? When an insurer denies a claim for a medical treatment, they will provide a reason. Many potential reasons exist, but generally, the insurance company believes they should not have to pay for the treatment. For example, if you are involved in a car accident, you may receive medical treatment at a hospital. However, the pain lingers so you seek out care from another doctor or chiropractor a few days later. The insurer may state the two are not linked. No matter what the reasoning is, it does not mean you should not get the care you need, nor that they will not pay the claim in the long term. You may need to appeal the decision. And, though a complex process, a personal injury attorney can help increase the likelihood they will continue to provide you with the coverage you need. Common Causes for Denied Medical Treatment Claims After an Accident You may have a different claim other than the ones listed below. Discuss your concerns with your attorney before you contact the insurer again. No Treatment at the Time of Injury Whenever you are in an accident, seek medical care. Not doing so tells the insurer you do not have any injuries and therefore do not need care. However, many times, injuries after a fall or car accident take time to become obvious. Sometimes, they can be severe, such as internal bleeding. Other times, they can be the result of inflammation or damage to muscles and tissues not immediately evident. Always seek care at the time of an accident. You Have a Pre-existing Condition If you had back pain prior to the accident, for example, this can be used as a way to void your claim for back pain later on. The key here is to show, within your medical records, that the accident caused the pain you have right now. It may be necessary to get this in documentation from your doctor, for example. Your Medical Records Show No Injury Sometimes, you will have medical records lacking details about what occurred or, you may claim one type of injury occurred, but the terms you use to describe it are different from what a doctor places on your medical file. Or, you may have failed to supply medical records to the insurer or missed a key filing date. How to Appeal the Insurance Claim Denial If you receive a denial of coverage, your first step is to contact a personal injury attorney in New York. This is important because the appeal process pits you against the insurer’s many attorneys. In some situations, an appeal will go before the court, and a judge will make the decision. Other times, the insurer will agree to settle your claim after receiving more information or clarity on what occurred and why it happened. However, you do not have unlimited numbers of appeals. For this reason, you need to speak with your doctor, gather all of your medical records and ensure they are detailed, and present your case in a thorough manner. Insurers know the system well. It is their job to minimize the claims paid out for any incident. If you make a mistake, they will use it to limit your claim. Schedule a Free Case Review for Your Injury Claim You do not have to deal with insurers on your own. They work to reduce the number and amount per claim they must pay out. However, you are entitled to the compensation owed to you as well as the overall coverage for care you need. At Siler & Ingber, LLP, we can help you. With our 20 years of experience, over $50 million in claims settlements, and winning record, we can provide you with the guidance necessary in your case. Call our offices at 877-718-6079 or use our online contact form to book a free case review.
Memorial Day Safety
Memorial Day is the unofficial beginning of summer this weekend and millions of American’s are already gearing up to celebrate. Between backyard festivities and cross-country camping trips, there are hundreds of ways to observe the holiday and remember the many heroes our nation has lost. Unfortunately, celebrations can easily get out of control and Memorial Day has now become known for more than just honoring our veterans and ringing in the summer season. Memorial Day Can Be Deadly! Memorial Day has consistently made the list of deadliest driving holidays for years. Historically, the Monday following Memorial Day weekend has 32 percent more vehicle fatalities than the three days prior. But driving is not the only hazard New Yorkers need to be aware of this Memorial Day. Summer activities such a swimming, boating, and BBQ’s can also be extremely dangerous and possibly deadly if gone about carelessly. Before you celebrate this weekend, make sure to keep these common holiday dangers in mind to help you plan for a safe and enjoyable holiday. Swim Safe or Don’t Swim Drowning is the third leading cause of death worldwide according to the World Health Organization. Before jumping in the water this summer, make sure you take the necessary precautions to stay safe. The American Red Cross suggests several safety measures you can take depending on the type of water you are swimming in to help prevent devastating swimming accidents this weekend: If you’re swimming in a pool or lake… Only swim in designated areas. Don’t swim in deep waters without a life jacket. Supervise children at all times around the edge. Avoid falls by not permitting running around the pool. Barricade the pool so children cannot access it without an adult. Only swim at night in areas with appropriate lighting. If you’re swimming in the ocean… Keep a close eye on older children and never supervise smaller children from afar. Make sure inexperienced swimmers are wearing lifejackets. Watch for strong surfs and rip currents. Watch out for aquatic life that might be dangerous. In addition, never dive headfirst into any body of water and always keep emergency flotation devices and first aid kits handy. If you can’t swim, please learn before taking a chance in the water. Reckless Boating Can Be Fatal Boating is a blast, but not if you aren’t being careful. In a recreational boating report released by New York State Parks, Recreation, and Historic Preservation, there were a total of 208 boating accidents in 2016, resulting in 141 injuries and 22 deaths. Suffolk County ranked the highest in the state for boating fatalities with six deaths, while Nassau County following closely behind with two deaths. The causes of these fatal incidents included: Capsizing (6 deaths) Victims ejected from vessels (5 deaths) Falling overboard (3 deaths) Colliding with other vessels (2 deaths) Flooding/swamping (2 deaths) Grounding (2 deaths) Skier mishaps (1 death) Unknown causes (1 death) To protect yourself and others on the water when boating, make sure you are certified in New York State to operate your vessel safely. Never drink while driving and keep speeds low especially in busy areas. Most importantly, whenever you set foot on a boat, always wear a lifejacket. No matter how well you swim, accidents on the water happen quickly. Flaming Backyard BBQ Mishaps Nothing says Memorial Day like hot-dogs and hamburgers off the grill, but barbecues can be extremely dangerous when used incorrectly. According to the National Fire Protection Association (NFPA), nearly 9,600 house fires were caused by grills, hibachis or barbecues between 2011 to 2016, resulting in around 16,600 injuries. Unattended food on the grill, gas leaks and the use of lighter fluids are just a few of the reckless practices people use when cooking up a holiday feast. For safe grilling methods, the NFPA provides an excellent safety video on how to prevent fires at your holiday BBQ. Risky Drinking Takes Lives Adults and teens are far more likely to drink during the summer months than most other times of the year. For every day in June and July, 11,000 minors will try their first taste of alcohol! Drinking increases the chances of severe and fatal accidents in a number of different situations, including operating a boat, driving a car, swimming, and other exerting summer activities. If you’re planning to drink this summer, stay home or arrange a designated driver/sober ride before you head out for the day. Dehydration is also common when drinking in the heat so consuming non-alcoholic beverages between cocktails is always a good idea. Driving Dangers Are Real Last but not least, the influx of driving fatalities and injuries on Memorial Day cannot be ignored. AAA averages about 312 people die across the United States on Memorial Day alone. Avoiding accidents can be difficult with congestion on every highway, but keeping in mind these safety tips could save you from an unnecessary visit to the hospital: Avoid distracting music and conversation. Use defensive driving methods, not aggressive. Don’t text/talk and drive. Watch for construction on the road. Leave plenty of room between cars. Pack an emergency kit with supplies. Never drink or use substances before driving. Seek Justice For Memorial Day Accidents It’s impossible to prevent Memorial Day accidents when they are caused be the negligence of others. If you or a loved one have been injured in an unnecessary accident due to someone else’s reckless behaviors this holiday, our family at Siler & Ingber are here to help. Our expert personal injury lawyers will fight to seek justice for the damages you have suffered from your accident, beginning with a free consultation to discuss your case. Contact our winning legal team at Siler & Ingber on 1-877-529-4343 for a FREE case evaluation.
Pain and Suffering Compensation After an Accident
When you get into an accident, the damages you suffer may extend further than just the property loss you experienced. You may have suffered a significant amount of time, or you may have had to lose opportunities as a result of the incident. When filing a claim for any type of accident, it is critical to define what all of your losses are. Pain and suffering is a type of loss in New York, and you may be compensated for it. Keep in mind that this is one of the most difficult components of your claim to define and calculate. This is why it is important to work with a skilled New York personal injury attorneys such as our team at Siler & Ingber, LLP. What Is Pain and Suffering? The term pain and suffering provides some basic information about the losses you may have. It is an award of money given to you for any type of pain you experience – past and present, as well as into the future (such as long-term suffering). To be clear, this type of claim focuses on what you lost that may not have a monetary value. For example, a car accident causes damage to your car and results in medical bills. Your claim should cover those. But, the claim also needs to cover your pain. This may include the mental pain you suffer, such as emotional distress, humiliation, loss of enjoyment in life, and even shock. Additionally, mental pain and suffering will also include suffered related to: Lack of energy Sexual dysfunction Depression Sleep difficulties Mood swings In some individuals, a particularly tragic or traumatic experience can also create post-traumatic stress disorder, which may limit your quality of life. For example, you may find it difficult to drive again. How Do You Obtain a Pain and Suffering Settlement? Just like with any other type of medical loss, individuals must file a claim for the losses they suffer. Generally, this will be with the person who caused the incident to occur and his or her insurance company. It is essential to have some idea of what you may qualify to receive. Obtaining a pain and suffering settlement is not a guarantee; not all types of personal injury will result in a high dollar amount award here. Nevertheless, many people receive financial assistance. How Much Can You Receive for Pain and Suffering Claims? How much is that pain and suffering worth? In New York, there are no formal guidelines. That is, a judge does not tell the jury to award a specific dollar amount. Rather, the jury must decide what is fair. This creates a lot of room for concern and question when filing your claim. Also, New York does not place a specific limit on the amount of money you can claim. Every situation is very different. However, one way your attorney can help you to determine what your settlement may be is to look at recent and older cases in New York with pain and suffering settlement awards. Here are a few examples (again, this may not be representative of what you will receive): In 2015, the Waring vs. Sunrise Yonkers SL, LLC case offers a bit of insight. In this case, a 22-year-old man, Anthony Waring, worked as a housekeeper at an assisted living facility. He suffered a significant back injury that eliminated his ability to go back to work. In this particular case, he was awarded $600,000 in pain and suffering. This was made up of $100,000 for his past pain (the suffering he had at the time of the accident). It also included $500,000 in pain and suffering damages for the future. In 1999, Linda M. Gilbert suffered exposure to vulgar talk and insults, pornographic messages and other losses from her male colleagues. In this case – which was a high profile case and remains one of the highest paid pain and suffering claims – Ms. Gilbert received $21 million. Of that, $20 million was for pain and suffering. As you can see, the range of what you can obtain for your losses is extensive. There is no simple calculation method available (though there are some uses of a multiplier factor based on your medical losses). Schedule a Free Case Review for Pain and Suffering Loss Our New York personal injury attorneys will provide you with a free case review to discuss your case at length. This is the only way to get an idea of just how much your pain and suffering claim may be worth. With over 20 years of experience and a success rate of over 98 percent, you can depend on Siler & Ingber, LLP. Call us now at 1-516-294-2666 for use our online contact form to get more information about your case.
Example of an Accident Demand Letter to an Insurance Company
If you have been injured in any type of accident involving another’s negligence, you likely have an insurance adjuster who is working on your case. You expect the insurer to, at a minimum, reimburse you for your out-of-pocket expenses. You also expect to be compensated for your pain and suffering. In order to be sure you are compensated for all of your loss is to send the insurer a “Demand Letter.” A Demand Letter Explained A demand letter may sound intimidating, as though you are giving the insurer an ultimatum. However, the letter presents the facts of your case, the details of your expenses (including medical expenses, lost wages, property damage if applicable) and any emotional stress you may have suffered. There are a few important parts of such a letter. Using the right format, and following this pattern, will help your adjuster, who is dealing with more than a hundred claims all at the same time, settle your case. The Heading This heading is important in that it provides the adjuster the information he or she needs in order to quickly access your file. It should include, on separate lines as shown: Your name Your address. Your phone number. The date. Leave a space, and on the next lines include: Name of the insurance adjuster. Name of the insurance company. Address of the insurance company. Name of the insured person (this will be the one you claim was negligent and responsible for your injury. The claim number the insurer has assigned to your claim. Your name. Your date of birth. Before you begin the body of the letter, you should write: FOR SETTLEMENT PURPOSES ONLY This is for both you and the insurer. It keeps the insurer from thinking you are giving an ultimatum and leaves it open for you to add damages later if something comes up after you write and mail the letter. The Body Summary of the facts. This should be a concise, but complete, statement of the facts. It is where you describe how the accident happened. Be absolutely truthful. If you just think something happened, but are not sure, leave it out. Every word in the body of your document needs to be fact-based. If not, your settlement chances are jeopardized. Statement of liability. Explain why their insured is liable for your damages. If possible, reference the police or other investigative reports and attach them to the letter as exhibits. Also, include witness statements. List of your injuries. Explain all the physical trauma you have suffered. Be specific about how severely you were injured, the treatments you have had to undergo, and any scars or long-lasting residual effects that you expect to experience. Explain the course of any further treatment you expect to endure. Use medical terminology when you can. Be sure you can document everything you say. Statement of your damages. Be very specific. There are two types of damages available: economic and non-economic. Economic damages are those actual expenses that you have either paid or are expected to pay, such as medical expenses, including doctor visits and hospital stay, ambulance ride, cost of medications, cost of rehabilitation, and anything else related to your care. Include expected future damages if you expect to need ongoing or future medical care related to the injury. Wages or other earnings you lost because you were unable to work due to your injury are also economic damages. Include receipts for your medical bills and a statement of lost wages from your employer. Attach them as exhibits to the letter. Non-economic damages are losses due to your emotional stress and pain and suffering caused by the injury. Again, do not hold back, but also do not be melodramatic. Describe what your life was like before the accident and how it has negatively changed. The Closing List all the damages and the total. For example, say “In conclusion, here is a concise list of my damages to date:” Economic damages $xxxx.xx Noneconomic damage $xxx.xx Settlement demand $xxxx.xx The settlement demand should be more than the total amount when all the damages are added together. You need to leave room for negotiation. Add a polite sentence, explaining that the amount you are asking for is consistent with jury verdicts and other insurance settlement awards you have seen in cases that have fact patterns similar to yours. Close with a polite, “Sincerely,” then leave four spaces and type your name. Just above your typewritten name, sign the letter. On the line after your typewritten name, write “Attachments.” Then list every document you have included to support your case. For example: Police report. Statement of witness John Doe Statement of witness Jane Doe Hospital bills from x memorial hospital And so forth. You really do not need to do this alone. Dealing with insurance companies can be daunting. If you are trying to collect from an insurer for damages you suffered in any type of accident, contact us at Siler & Ingber, LLP for help. We offer a free case review.
Filing a Lawsuit for Emotional Distress
Often, an injury or accident causes more than physical pain. It causes emotional distress. In some situations, the amount of physical injury is made worse by the emotional trauma involved. Depending on the circumstances of your case, you may be able to file a lawsuit against the person who caused you to suffer. However, this is a complex area of law simply because it is hard to define how much emotional distress you feel or what dollar amount represents that trauma. If you feel you have suffered emotional distress, it is essential to provide evidence and details proving this. This often takes some experience. Our attorneys at Siler & Ingber, LLP can help you to learn if you have a case and, if so, how much compensation you are owed. What Is Legal Emotional Distress? An accident creates more than physical trauma. It also creates mental distress. Generally, when you file a personal injury claim against a party, you will include emotional distress as a component of that claim. It is possible to file your claim solely on this type of loss, but it is very hard to prove it occurred. Most personal injury cases will have some level of emotional distress – it is not overlooked. However, some states will toss out cases that do not contain a physical component. For example, you may have been involved in an altercation with another person. That person strikes you, and you suffer a broken nose. This leads to medical bills and lost time at work. This action itself is very traumatic and creates emotional distress. But, if you get into a verbal argument with someone and he or she angers and upsets you, but no physical loss is suffered, filing a lawsuit for this is very challenging. How Do You Prove Emotional Distress Occurred? Alongside your personal injury claim for any property loss or physical injury loss, you will need to determine how much loss you suffered as a result of emotional trauma. The court will use numerous factors to determine this type of loss. To determine your likelihood of having a case, consider these things. What Form of Emotional Distress Occurred? There are two main forms. Negligent infliction of emotional distress occurs when: The party acted in some way that was negligent, meaning he or she had the ability to avoid the incident and failed to do so and is responsible for this. This led to some type of severe emotional distress. There was a physical injury that occurred that caused or in some way contributed to your emotional distress. The second form is intentional infliction of emotional distress. To prove this, you must show: The other party acted in a reckless and intentional manner. The behavior of the defendant was outrageous or considered inexcusable. This caused the emotional distress. When Can You Bring a Claim for Emotional Distress? Not just anyone can claim emotional distress. The person witnessing the violent altercation may not have suffered enough to file such a claim. Generally, if you suffered trauma you can bring this type of claim. However, there are instances in which emotional distress claims may come from others involved. For example, you may have been a bystander in an incident that was fearful of your own injury or death because of the actions or inactions of the defendant. Or, you may have witnessed a family member’s death at the hands of another person. Proving Your Case Can Be Challenging If you do not have a physical injury claim, it can be challenging to prove your emotional distress claim. As attorneys, it is our job to help you to do that. We work with clients who are faced with serious loss as well as emotional trauma resulting from the actions or inactions of another person. Our goal is to prove two things: You suffered emotional distress resulting from the other party’s outrageous or extreme behavior. You suffered some type of emotional harm resulting directly from the conduct of the defendant. With a comprehensive understanding of your case, it becomes possible to better understand what your losses are. In addition, you may need to verify witness statements and gather data to support your claim. These are steps we can help you with at Siler & Ingber, LLP. Ready to Find Out if You Have a Case? Schedule a Free Case Review Even if you have been turned down previously, we encourage you to schedule a free case review with our legal team at Siler & Ingber, LLP. We offer an opportunity to learn about your case and whether or not you can get compensation for your losses. There’s no risk and plenty of answers. With over 20 years of experience and having helped our clients to over $50 million in settlements, we are confident we can help you. Use our online contact form to request more information or call us now at 877-718-6079.
New York No-Fault Insurance Benefits
What Are “No-Fault” Benefits? No-fault benefits are offered by insurance companies to cover certain damages incurred by their insured no matter who is at fault. In typical insurance systems, insurance will only pay out to cover damages the insured individual incurs if the insured individuals is 49% or less at fault. However, no-fault insurance means that instead of having to sue the other driver for damages (who may or may not have insurance or enough insurance) one makes claim to their own insurance to have damages covered. Is NY a No-Fault State? Currently, there are only 12 states that offer no-fault benefits, and New York is one of them. No-fault benefits attach to any accident a New York driver or a New York-registered vehicle may have, whether within or outside of New York. It also attached to any out-of-state vehicle driven in New York state. Every vehicle operated in New York state must be insured, and the insurance company must provide no-fault benefits in case that vehicle or driver is involved in an accident, meaning that a vehicle registered and insured anywhere else in the United States or Canada that is involved in a collision in New York state must provide no-fault insurance. New York’s No-Fault Law 70A NY Jur Insurance §§ 1881-1961, the Comprehensive Automobile Reparations Act, was enacted in 1973 to remove a lot of the common law tort claims arising from automobile accidents out of the court system and to speed up receipt of compensation for economic loss. Otherwise, those injured in car accidents would have to sue the other party for compensation. In 2015, there were nearly 300,000 car crashes involving almost 525,000 vehicles.[1] No-fault insurance therefore keeps hundreds of thousands of cases out of the court system that would otherwise clog it and slow it down. Taking a court case to verdict at trial can take up to a few years now; without no-fault insurance, it would take even longer. Why sue in the first place? First, if someone’s insurance only covers the damage they do to other vehicles or people not in someone vehicle, then the only way someone will get money to cover damage to someone vehicle, medical expenses, and lost wages, or other incidental damage is to sue the other party. If they have insurance, it may offer to pay, and what it offers may even cover all the damages. However, if it refuses to pay, or if it won’t pay enough, or if the other driver doesn’t have insurance at all, then the only option is to sue. However, not everyone is able to take on a lawsuit. They may not be able to afford a lawyer, and they may not be able to represent themselves. They may not have the time or energy to go through a lawsuit. There may no suitable lawyers where they live or even suitable courts, if they live in a rural area of New York State. No-fault insurance fixes that problem. What is covered under “no-fault benefits”? Basic no-fault insurance (personal injury insurance) will cover up to $50,000 per qualified person per accident. The categories include: Medical expenses/medicine: emergency treatment, hospitalization, medication, therapy, surgery, medical devices, and other medical care. Personal care: This may include in-home care or other expenses incurred due to the injury. Damage to vehicle and property: No-fault insurance covers damage to other vehicles and property. Lost wages: Injury can lead to miss work, and insurance will cover salary lost. It’s important to note that with basic, minimum insurance, all of these expenses are only covered up to $50,000 total. Thus, if someone’s medical expenses are $50,000 or more and they only have basic no-fault insurance, the company won’t pay for lost wages or personal care. Additionally, basic minimum insurance only pays for 80% of lost salary up to $2000 a month. What about the other party? No-fault insurance means that the policyholder waives their right to sue the other party for damage up to the amount no-fault insurance covers. The reason for this is to keep those who are in car accidents for recovering twice – one from their own insurance company, and against from the other party’s insurance company – for the same damage. Thus, if someone’s minimum no-fault insurance is exhausted, they will have to sue to get any more compensation for injuries or loss, but not before. Minimum coverage: Every insured motorist in New York must purchase a policy at or above the minimum, and every insurance company licensed to do business in New York must not sell any policy below the minimum. Minimum coverage includes: minimum liability coverage: this is the coverage that attaches to a driver, covering any damages or harm done to people or property by the driver driving their own or someone else’s car, uninsured motorist coverage: coverage for the driver or anyone else in the driver’s home or riding as a passenger in the driver’s car if they crash with an uninsured vehicle, no-fault coverage: also known as personal injury protection. Of the liability coverage, the minimum amounts allowed to be sold in New York are: $25,000/$50,000 for injury, $50,000/$100,000 for death, and $10,000 for property damage. Injury and death cover someone and their loved ones, but property damages covers what happened to vehicles or property belonging to the other driver or other people involved in the accident. Drivers who wish to insure themselves above the minimum may do so, especially if they have expensive vehicles and/or live in an expensive part of the state. Additional coverage above the minimum: APIP Coverage Additional personal injury protection, or APIP, covers personal injury and loss above the minimum. For example, it will cover more lost wages, medical expenses, and personal expenses. APIP covers what PIP does not, such that additional coverage kicks in once PIP is exhausted. For example, if PIP pays $50,000 of $75,000 total medical expenses, APIP will cover the additional $25,000. OBEL Coverage Optional basic economic loss, or OBEL, pays
