Not all accidents are the result of driver negligence. In many cases, a road defect is to blame. Whether it’s because of poor maintenance or simply a failure to correct a dangerous condition, these hazards can lead to serious injury, missed time from work, and other losses. Holding the responsible entity liable will take the dedicated legal counsel that understands how to build a winning case. You can count on the personal injury lawyers of Miller, Montiel, & Strano, P.C.

Common New York road defects

Automobile accident victims have the duty of demonstrating how exactly the negligent party caused their injuries. Therefore, you should know some of the most common road defects found in New York, including:

Potholes. Potholes present a number of dangers. A driver may swerve to avoid the pothole, crashing into another vehicle, pedestrian, or someone else. Hitting a pothole can also cause temporary loss of control of the automobile that can trigger a wreck.

Poor lighting. Nighttime driving is always dangerous, but drivers rightfully expect the roads to be adequately illuminated. In the absence of sufficient lighting, an accident becomes more likely.

Road debris and obstructions. These come in many forms, such as downed power lines and fallen tree limbs. Anything that impedes the safe movement of traffic can cause even the safest driver to get into an accident.

Construction zones. Work zones must always be clearly marked with sufficient warning so approaching motorists can adjust their driving. Vehicles moving in and out of construction areas can also imperil others.

Items falling from trucks and other vehicles. Moving trucks, garbage trucks, and even passenger vehicles can drop objects onto the road. A driver attempting to avoid these objects can crash and cause serious injury to him- or herself and others.

Road sign and traffic signal problems. Motorists rely on road signs and traffic signals to not only guide them but to regulate traffic flow. A missing sign or malfunctioning signal can easily set off a major collision.

Poorly marked roads. Faded lane markings present a serious threat, especially when traffic congestion is at its peak. An automobile can inadvertently cross a line, for instance, and crash into oncoming traffic.

Poor drainage. Excess rain needs to have a place to go, and proper drainage ensures this. But without this critical feature, standing water can flood roads with catastrophic results.

Who is responsible for road defects?

While drivers are expected to operate their vehicles safely, road defects make this difficult or impossible. After an accident, a number of entities may share liability, including:

• The governmental unit responsible for building and maintaining roads
• Drivers who allow items to fall from their trucks and vehicles
• Employers of negligent drivers, if the accident occurred while the driver was performing work duties
• General contractors and other companies responsible for construction zone work
• Safety inspectors who failed to ensure the road was properly designed

We’re Ready To Seek The Compensation You Deserve

Holding these and other parties responsible for your accident is no simple task and may require steps that are outside of the typical personal injury claim. For instance, there are special rules that apply to suing governmental entities that cause road defect accidents. It will be critical to retain knowledgeable legal counsel that will advocate for your best interests. Find out why so many automobile accident victims count on Miller, Montiel, & Strano, P.C. Give us a call today.

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As a parent, you trust the school bus driver to safely transport your child to and from school. But negligent actions by the bus driver and other parties can result in serious injury. If your child was hurt in a school bus accident, winning compensation will require proving that the at-fault party or parties were legally liable. That means knowing some of the most common causes of school bus accidents. The attorneys of Miller, Montiel, & Strano, P.C. examine a few of them here.

Who may be held liable for a school bus accident?

Part of a lawyer’s job is to determine who can be held accountable for causing an accident. In some cases, only one party is responsible for the wreck. In others, multiple parties can be named as defendants in a civil lawsuit. Some examples of potentially liable parties in school bus accidents include:

• The school bus driver
• The school district
• The manufacturer of the school bus or its parts and components
• Other drivers
• Third parties, such as construction contractors, who create dangerous road conditions

The exact nature of your child’s accident will determine who is responsible. Your lawyer will thoroughly investigate the wreck to make sure all potential defendants are identified.

Why do school bus accidents happen?

Filing a negligence lawsuit will be necessary to win the maximum damages available to cover your child’s medical bills and other losses. However, your lawyer will need to explain, and prove, not only who was responsible for the accident but how it happened. These are some possible reasons the wreck took place:

Violating traffic laws. A bus driver or the driver of another vehicle (or possibly both) may have triggered the accident by speeding or violating other traffic rules. For instance, drivers who fail to stop while children are getting on or off the bus could seriously injure one.

Distracted driving. A specific traffic law violation that has continued to worsen in recent years is distracted driving. Cell phone use, for example, is a major contributor to school bus accidents. All motorists are required by law to keep their focus on the road.

Driving under the influence of alcohol or drugs. Any form of intoxicated driving is illegal and dangerous. Even if the intoxication was caused by prescription medication, it is the driver’s duty to not operate the school bus or other vehicle unless he or she can safely drive.

Failure to minimize distractions. The bus driver should make sure that any unruly children on the bus are brought under control. Allowing children to serve as distractions to the driver can cause a fatal accident.

Failure to adjust driving to adverse conditions. Bad weather, heavy traffic, and other dangerous conditions should cause all drivers to slow down and act with abundant caution. Failure to do so could trigger a major crash.

Hazardous road conditions. These could be the result of negligent third parties such as construction companies and governmental entities. Note that there are different rules for holding a governmental unit liable versus a private party.

Poor training. The school district that hired the bus driver may be responsible if the driver was poorly trained. The district can be held liable if it failed to check the driver’s background or experience to ensure that person is qualified to drive the school bus.

Defective parts and poor maintenance. If a defect with the school bus caused the accident, several parties may be liable. These include the bus manufacturer, the company that made the part or component on the bus that failed, or a repair shop or mechanic.

Demanding Justice for Injured School Children

A school bus accident can leave a child with significant medical bills and other damages. No matter who was responsible for causing injury to your child, our attorneys are ready to fight for them and for you. Call Miller, Montiel, & Strano, P.C. today to get started.

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Property owners have an obligation to keep their premises reasonably safe and to fix hazards that could cause harm to a visitor. There are many types of accidents and injuries that implicate the area of law known as premises liability, from dog bites and swimming pool accidents to slip and fall and negligent security cases. But if you’ve been injured on someone’s property, it will be up to you to prove it. And even if the hazard seems obvious, demonstrating the owner’s liability will be a challenge. Miller, Montiel, & Strano, P.C. explains the benefit of having experienced legal counsel behind you.

More than knowledge of the law

Understanding New York premises liability law is the bare minimum that any victim should expect from a law firm. But your attorney should also understand what it takes to build a winning case. Part of that is putting in the necessary effort to assemble a compelling argument for why you, the victim, deserve the maximum damages available under law.

When you retain our law firm, we get to work right away building a case on your behalf. That includes:

Conducting an investigation. We will thoroughly investigate why and how the accident happened. This may include interviewing witnesses who can provide factual testimony to support your case. We may also take photos or video of the accident scene and obtain copies of any surveillance footage in the area. The goal is to prove the property owner’s liability for your injuries.

Preserving evidence. We will take steps, as needed, to preserve the evidence that supports your claim. Often, negligent property owners destroy or hide proof of the hazard that injured the victim. By acting quickly we can make sure you have the evidence you need to present a strong case for damages.

Calculating your damages. We work with victims to determine a fair value of the losses they have already suffered, as well as future damages they are likely to incur. There’s only one chance to ask for monetary compensation, so we typically rely on expert witnesses to help come up with a reasonable projection of these future damages. We also gather the medical records, pay records, and other documentation needed.

Negotiating with the insurance company. The property owner’s insurer will likely attempt to settle the case without going to court. However, you must understand that insurance companies are not on your side. They will take advantage of you and are hopeful that you do not retain legal counsel who will explain your rights under the law.

Going to court if needed. While most premises liability cases settle without having to go to court, not all insurers are reasonable. If we believe the insurance company is not making a fair offer to settle your case, we can advise you of your options and take your case in front of a jury if needed. We are experienced trial lawyers who are ready to stand up for you in court.

Don’t Jeopardize Your Case By Going It Alone

The property owner and his or her insurance company will have dedicated legal counsel looking out for their best interests. Shouldn’t you? If you were hurt on another person’s property, let the premises liability team of Miller, Montiel, & Strano, P.C. go to work for you. Give us a call today to learn more.

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The birth of a child should be a wonderful milestone. For many New York families, however, it can prove to be a bittersweet moment. Many babies are injured before, during, and immediately after their births. Such cases are often caused by medical negligence which allows the child’s family to seek legal damages. If this situation applies to you, we want to help you seek justice from the liable party or parties. Count on the experienced birth injury attorneys of Miller, Montiel, & Strano, P.C. to help you prove your case.

Understanding the Elements of a New York birth injury lawsuit

The first step in presenting a compelling case is understanding the following elements of a New York birth injury lawsuit:

Duty of care. You must show that the defendant (e.g. hospital) owed the injured child a duty of care, typically by first demonstrating the existence of a doctor-patient relationship. You will also have to demonstrate the appropriate standard of care. In a birth injury lawsuit, a medical provider generally has the duty to act with the same care and skill that are ordinarily exercised by medical professionals in similar situations.

Breach. Next, you must prove that the defendant breached the duty of care. This means that, by some act or omission, the defendant failed to live up to the required duty of care. You will likely need medical expert witness testimony to show what the defendant did (or failed to do) and why it fell short of the duty of care.

Causation. The third step is to show that the defendant’s breach actually caused the child’s birth injury. This step should not be overlooked or minimized, because the existence of a medical mistake alone is not enough to prove causation. You must show that, but for the breach of the duty of care, the child would not have suffered the injury he or she did.

Damages. The final element you will need to show is damages, which relate to the loses you and your child experienced because of the birth injury. These may include economic damages (such as medical bills to treat the child); non-economic damages (such as pain and suffering); and, in rare cases, punitive damages (which punish particularly wrongful conduct).

The strength of your evidence

The injured child’s family and lawyer will also have the burden of providing the necessary evidence to establish the above elements and substantiate the allegations against the defendant. It is imperative that you work with a knowledgeable attorney to not only acquire the evidence you need but to ensure it follows the applicable rules of evidence.

Some of the most common evidence used to support birth injury lawsuits includes:

• Medical records
• Pictures and videos
• The medical provider’s education, background, and experience
• Medical facility records
• Complaints filed against the medical provider or facility
• Out-of-pocket expenses related to the lawsuit

Our goal is to make sure you and your child are fully compensated for any and all injuries inflicted upon you, so we will thoroughly investigate the case and uncover everything we can to make a compelling case.

Discovery and mediation

One of the best tools you have at your disposal in a birth injury lawsuit is discovery. This is a formal process by which the parties seek and exchange relevant evidence. There are several discovery methods available such as requests for documents, interrogatories, and depositions. When you retain us, we take full advantage of the discovery process so we can present the best possible arguments in your favor.

Your case may be resolved by way of mediation with the liable party (parties), their insurance companies, and their lawyers. Many birth injury lawsuits never go to trial because the victim’s family and their attorneys use this out-of-court process to effectively settle the lawsuit. We represent clients during birth injury mediations by helping them understand the benefits of settlement versus the potential risks of going to trial. But make no mistake, if the liable party refuses to make a fair settlement offer during mediation, we are prepared to take your case to court.

Let Us Help During This Difficult Time

Going through a birth injury lawsuit is highly emotional, to say nothing of the challenges you and your family face in caring for your injured child. Our firm is here to alleviate some of that stress by providing you with zealous advocacy from the beginning to the end of your birth injury lawsuit. Give Miller, Montiel, & Strano, P.C. a call today to learn more.

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Personal injury cases can be complex and emotionally challenging to handle. Whether you were injured in a car accident or a slip and fall, finding the right personal injury attorney can make all the difference in the outcome of your case. Here are some tips on how to find the right personal injury attorney.

Look for Experience and Expertise

Experience and expertise are critical qualities for personal injury attorneys. Personal injury cases can be complex, and an attorney with experience in handling similar cases is better equipped to navigate the legal system and advocate effectively for their client. They have a deeper understanding of personal injury law, established relationships with experts in the field, and a track record of success in personal injury cases. 

Experienced attorneys are able to provide their clients with informed advice and guidance throughout the legal process, ensuring that their clients are fully informed about their legal rights and options. They can effectively negotiate with insurance companies, collect and present evidence, and build a strong case that can withstand scrutiny in court. In short, experience and expertise are crucial qualities for personal injury attorneys, as they enable them to provide their clients with the highest level of legal representation and achieve the best possible outcome in their cases.

Research for Credentials and Reputation

When looking for a personal injury attorney, it is essential to consider their credentials. Firstly, it is important to ensure that the attorney is licensed to practice law in your state. This information can typically be found on the attorney’s website or through the state bar association. Additionally, look for an attorney who is a member of professional organizations, such as the American Association for Justice, that specialize in personal injury law and provide ongoing education and training for attorneys.

Secondly, consider the attorney’s experience and track record in personal injury cases. Look for an attorney who has experience handling cases similar to yours and who has a record of success in obtaining favorable outcomes for their clients. Consider the attorney’s trial experience, as well as their ability to negotiate with insurance companies and opposing counsel. An experienced attorney can provide you with informed guidance throughout the legal process, and can effectively advocate for your rights and interests.

Thirdly, check the attorney’s reputation within the legal community and among past clients. Look for reviews and testimonials online, and ask for referrals from friends or family members who may have worked with the attorney before. Consider the attorney’s communication skills, approach to client service, and ability to provide personalized attention to your case. A reputable attorney will take the time to listen to your concerns, answer your questions, and keep you informed about the progress of your case. By considering these factors, you can increase your chances of finding an attorney who is well-suited to represent you and help you achieve the best possible outcome in your case.

Schedule a Consultation

Scheduling a consultation with a personal injury attorney is a straightforward process. 

Firstly, research and compile a list of potential attorneys who specialize in personal injury law and have the necessary credentials and experience. You can find attorneys through online directories, bar association websites, or referrals from friends or family members. 

Secondly, reach out to the attorney or law firm to schedule a consultation. Most attorneys offer a free initial consultation to discuss your case and determine if they are a good fit to represent you. You can schedule a consultation by phone, email, or through the attorney’s website.

During the consultation, be prepared to discuss the details of your case and any relevant documents or evidence you may have. This may include police reports, medical records, or witness statements. The attorney will use this information to evaluate your case and determine if they can represent you. 

After the consultation, the attorney will provide you with guidance on your legal options and the next steps you should take. If you decide to move forward with the attorney, they will typically provide you with a fee agreement outlining their services and the associated costs. 

By researching potential attorneys and being prepared to discuss your case, you can find an attorney who is well-suited to represent you and help you obtain the compensation you deserve.

Consider the Attorney’s Communication Style

Effective communication is essential in any legal case, and it’s crucial to find an attorney with a communication style that works well for you. Look for an attorney who is willing to listen to your concerns and explain legal concepts in a way that you can understand. Also, consider the attorney’s availability and responsiveness to your calls and emails.

Discuss Fees and Costs

Before hiring a personal injury attorney, it’s essential to discuss their fees and costs. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you receive a settlement or judgment in your favor. However, make sure you understand what percentage of your settlement or judgment the attorney will take as their fee and any additional costs that may arise during the case.

Finding the right personal injury attorney can be a challenging process, but it’s essential to take the time to research and find an attorney who is experienced, reputable, and a good fit for your needs. 

MMS Personal Injury is the Right Choice

If you’re searching for a personal injury attorney, we hope these tips have been helpful in guiding your search. At Miller, Montiel & Strano, P.C., we have a team of experienced personal injury attorneys who specialize in handling cases like yours. We pride ourselves on providing personalized attention to each of our clients and fighting for their rights to get the compensation they deserve. Contact us today to schedule a consultation and see how we can help you with your personal injury case.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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A personal injury trial is a legal proceeding in which a plaintiff seeks compensation for injuries sustained in an accident or incident caused by the negligence or wrongful actions of another person or entity. Personal injury cases can arise from a variety of accidents, including car accidents, slips and falls, medical malpractice, and product liability.

If you have been involved in a personal injury case, you may be wondering what to expect during the trial. Personal injury trials can be complex and intimidating, but having an understanding of the process can help you feel more prepared. Here’s what you can expect during a personal injury trial:

Jury Selection

The first step in a personal injury trial is jury selection. During this process, potential jurors are questioned by both sides to determine if they have any biases or prejudices that could affect their ability to be impartial. Once the jury is selected, the trial can begin.

Jury selection is an important part of any personal injury trial. It is the process by which the attorneys for both sides choose the members of the jury who will hear the evidence and decide the outcome of the case. In New York, a personal injury trial jury typically consists of six jurors and one or two alternate jurors.

The purpose of jury selection is to ensure that the jury is fair and impartial and that the members of the jury can listen to the evidence and make a decision based on the law and the facts presented at trial. During jury selection, both the plaintiff’s and defendant’s attorneys will have the opportunity to question potential jurors and determine if they are suitable to serve on the jury.

Opening Statements

The next step in the trial is the opening statements. This is when each side presents their case and lays out what they plan to prove during the trial. The plaintiff’s attorney will present their argument first, followed by the defense attorney.

Opening statements are an important opportunity for the attorneys to present their case to the jury and set the stage for the rest of the trial. While opening statements are not evidence and cannot be used to prove the case, they can have a significant impact on the jury’s perception of the case and the parties involved. Therefore, it is essential for the attorneys to carefully prepare and deliver a compelling opening statement that highlights their case’s strengths and weaknesses.

Presentation of Evidence

After opening statements, both sides will begin presenting evidence to support their case. This may include testimony from witnesses, medical records, and other documents. The plaintiff’s attorney will present their case first, followed by the defense attorney. Each side will have the opportunity to cross-examine the other side’s witnesses.

The types of evidence presented in a personal injury trial can vary widely depending on the specific case, but generally include witness testimony, medical reports, photographs, videos, and any other documentation that supports the plaintiff’s claims. The evidence is typically presented in a sequential manner, with each witness or piece of evidence building on the previous one to create a comprehensive picture of the case.

The presentation of evidence is governed by strict rules of evidence, which are designed to ensure that the evidence presented is reliable and relevant to the case. For example, hearsay evidence, which is testimony based on something the witness heard from someone else, is generally not admissible unless it falls within a specific exception to the rule.

Closing Arguments

Closing arguments are a critical part of a personal injury trial, and they offer the attorneys for both the plaintiff and the defendant an opportunity to summarize the evidence presented at trial and persuade the jury to rule in their favor.

During closing arguments, each attorney will have a chance to speak directly to the jury and provide a summary of the evidence presented during the trial. They will also have an opportunity to make their final arguments and explain why the jury should rule in favor of their client.

Closing arguments can also be used to appeal to the emotions of the jury and provide a compelling narrative that makes a strong case for why their client should win. The attorneys may use powerful language, vivid descriptions, and dramatic pauses to make their arguments more memorable and persuasive.

Once both attorneys have completed their closing arguments, the judge will provide the jury with instructions on how to deliberate and reach a verdict. The jury will then begin their deliberations, which may take several hours or even several days, before reaching a final decision.

Jury Deliberation

During jury deliberation, the jurors will review all the evidence presented at trial, including witness testimony, medical reports, and any other evidence submitted by the attorneys. They will also discuss the arguments made by the attorneys during closing statements and may ask for clarification from the judge on any legal points or instructions they are unsure of.

It is important to note that the deliberation process is confidential, and jurors are not allowed to discuss the case with anyone outside of the jury room. They must also keep an open mind and base their decision solely on the evidence presented at trial and the instructions given by the judge.

Once the jury has reached a verdict, they will notify the court, and the judge will call the attorneys and the parties involved in the case back into the courtroom to read the verdict. The verdict will typically be read aloud by the judge, and the jurors will be polled to confirm that they agree with the decision.

Verdict

A verdict in a personal injury trial is the decision made by the jury regarding the outcome of the case. It is the jury’s determination of who is at fault, the extent of damages, and the amount of compensation that the injured party should receive.

After the trial has concluded and the jury has heard all of the evidence and testimony, they will be instructed by the judge to deliberate and reach a verdict. The jurors will consider the evidence presented at trial, including witness testimony, medical reports, and other evidence, in order to determine who is responsible for the plaintiff’s injuries and to what extent.

It’s important to note that a verdict in a personal injury trial is not always the final outcome of the case. Either party may appeal the verdict if they believe that there was an error in the trial or that the verdict was unjust. However, appeals are usually difficult to win, and the decision of the trial court is given great deference by the appellate court.

Why is a Personal Injury Trial Important?

A personal injury trial allows the injured party to seek justice and hold the responsible party accountable for their actions. If someone’s negligence or wrongful conduct caused you harm, a trial provides an opportunity for you to make your case in a court of law and potentially receive compensation for your injuries.

Additionally, a personal injury trial can help establish legal precedents that can help prevent similar accidents or injuries from occurring in the future. By holding negligent parties accountable, personal injury trials serve as a deterrent and promote greater safety in society.

It’s important to note that not all personal injury cases go to trial. Many cases are settled out of court through negotiations between the injured party and the responsible party’s insurance company. However, having an experienced personal injury attorney on your side can help ensure that you receive fair compensation for your injuries, whether through a settlement or trial.

MMS Personal Injury Attorneys

A personal injury trial can be a complex and lengthy process. However, with the help of an experienced personal injury attorney, you can feel more confident and prepared. If you have been involved in a personal injury case, contact Miller, Montiel & Strano, P.C. today to schedule a consultation with one of our experienced personal injury attorneys. We will help you understand the process and fight for the compensation you deserve.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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A personal injury claim is a legal case brought by an individual who has been injured due to the negligence or intentional actions of another party. The purpose of a personal injury claim is to seek compensation, also known as damages, for the harm that has been caused. Personal injury claims can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, defective products, and more.

In a personal injury claim, the injured party, also known as the plaintiff, must prove that the other party, known as the defendant, was responsible for the injuries that were sustained. This involves demonstrating that the defendant owed a duty of care to the plaintiff, that this duty was breached, and that the breach caused the plaintiff’s injuries. If the plaintiff is successful in proving these elements, they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

It is important to note that personal injury claims are typically resolved through negotiations between the parties and their respective insurance companies. However, if a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome. A skilled personal injury attorney can help guide injured parties through the legal process and work to ensure they receive fair compensation for their injuries. Here are some of the most common personal injury claims that a personal injury attorney may handle:

1. Car Accidents

Car accidents are one of the most common personal injury claims. According to the National Highway Traffic Safety Administration, there were approximately 6.7 million car crashes in the United States in 2018, resulting in over 2.7 million injuries. Car accidents can cause a wide range of injuries, including whiplash, fractures, spinal cord injuries, and traumatic brain injuries. The cause of the accident may be due to a negligent driver, a defective vehicle or component, or poor road conditions.

A personal injury attorney can help individuals injured in car accidents by investigating the cause of the accident, determining liability, and negotiating with insurance companies for fair compensation. An experienced attorney can also help individuals navigate the complexities of insurance policies, medical bills, and lost wages resulting from the accident.

2. Slip and Fall Accidents

Slip and fall accidents are another common personal injury claim. Slip and fall accidents occur when an individual slips, trips, or falls due to a hazardous condition on someone else’s property. Hazards can include wet floors, uneven surfaces, poorly maintained sidewalks, or inadequate lighting. Slip and fall accidents can result in injuries such as broken bones, head injuries, and spinal cord injuries.

If someone is injured in a slip and fall accident, a personal injury attorney can help by investigating the circumstances surrounding the accident, determining liability, and negotiating with property owners or insurance companies for fair compensation. An experienced attorney can also help individuals understand their legal rights and responsibilities, as well as the obligations of property owners to maintain a safe environment.

3. Construction Site Accidents

Construction site accidents resulting from workers falling from heights or objects falling from heights are some of the most common personal injury claims in the industry. Elevated work areas such as scaffolding, ladders, and other structures pose significant risks for workers, who may fall and sustain injuries such as broken bones, spinal cord injuries, or head injuries. Additionally, workers may be hit by falling debris or equipment, which can result in severe injuries to the head or neck.

Injured workers who experience a fall from a height or get struck by falling objects can claim workers’ compensation benefits. They may also have a personal injury claim against a third party if someone other than their employer is responsible for their injuries. It is crucial for workers to get in touch with a personal injury attorney in such cases to ensure they get the compensation they are entitled to. Attorneys can help injured workers obtain the medical care they need, gather evidence, and negotiate with insurance companies to reach a fair settlement or represent them in court.

4. Dog Bites

Dog bites are another common personal injury claim. According to the Centers for Disease Control and Prevention, approximately 4.5 million dog bites occur in the United States each year, with about one in five requiring medical attention. Dog bites can result in serious injuries, including infections, scarring, and nerve damage.

A personal injury attorney can help individuals injured by dog bites by investigating the circumstances surrounding the injury, determining liability, and negotiating with insurance companies or the dog owner for fair compensation. An experienced attorney can also help individuals understand the legal responsibilities of dog owners, including leash laws and the need to prevent dangerous dogs from harming others.

5. Product Liability

Product liability claims occur when an individual is injured as a result of a defective product. Defective products can include anything from food products to medical devices to automobiles. Product liability claims can result in serious injuries, including burns, lacerations, and broken bones.

A personal injury attorney can be crucial for individuals injured by defective products. They can help investigate the circumstances surrounding the injury and identify any parties who may be liable, including the manufacturer, distributor, or retailer of the product. An experienced attorney can also determine whether there are any product liability laws that may apply to the case and guide the injured party through the legal process.

In addition, a personal injury attorney can help individuals understand the complexities of product liability law, which can be quite complex. This can include identifying relevant industry standards, government regulations, and product testing requirements that the manufacturer should have followed. An attorney can also help gather evidence to support the injured party’s claim, including medical records, product testing results, and witness testimony.

Should you file a claim after being injured?

If you have been injured due to the negligence or intentional actions of another party, it is generally recommended that you file a personal injury claim. Filing a claim can help you seek compensation for the damages you have suffered, including medical expenses, lost wages, and pain and suffering.

However, it is important to note that there are strict time limits for filing a personal injury claim, known as the statute of limitations. In many cases, the statute of limitations is two to three years from the date of the injury. Failing to file a claim within this timeframe may result in the claim being dismissed, meaning you would not be able to seek compensation for your injuries.

If you are unsure whether you should file a personal injury claim, it is recommended that you speak with one of our qualified attorneys at Miller, Montiel & Strano, P.C. We can evaluate the circumstances of your case and provide guidance on the best course of action. Contact us today for a free consultation.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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As attorneys, we know that accidents can happen at any time and can leave victims with serious injuries. Whether it’s a car accident, slip and fall, or any other type of incident, seeking medical treatment should always be a top priority for those involved. Here are some reasons why it’s crucial to seek medical treatment after an accident.

Seek Medical Treatment

It is essential to seek medical treatment after an accident because some injuries may not be immediately apparent. Even if you feel fine, it’s important to get checked out by a medical professional because some injuries, such as concussions, may not present symptoms immediately. By seeking medical attention immediately after an accident, you can ensure that any injuries are identified and treated promptly, which can lead to a better prognosis and a faster recovery.

In addition to promoting physical recovery, seeking medical treatment can also be crucial to the success of any potential personal injury claim. If you delay seeking medical attention, insurance companies or defense attorneys may argue that your injuries were not caused by the accident or that they are not as severe as you claim. Seeking prompt medical attention and following your doctor’s treatment plan can help establish a clear link between your injuries and the accident and strengthen your claim for compensation. Therefore, it is always advisable to seek medical attention as soon as possible after an accident, even if you feel fine, to protect your health and your legal rights.

Document Your Injuries

In a personal injury case, documentation is key. Seeking medical treatment after an accident creates a paper trail that can be used as evidence in your case. By documenting your injuries, you can also ensure that you receive the appropriate medical treatment and support during your recovery.

Documentation can include medical records, photographs of your injuries, and written notes about your symptoms and limitations. Medical records can provide detailed information about your diagnosis, treatment, and prognosis. Photographs can help show the visible signs of your injuries, such as bruises, cuts, or swelling. Written notes can help capture the details of your symptoms, such as pain, discomfort, or difficulty performing certain tasks.

Proper documentation can also help protect your legal rights by establishing a clear record of your injuries and their impact on your life. It can be challenging to remember all the details of your injuries and their progression over time, so documenting them as soon as possible after the accident is crucial. 

Failure to Seek Medical Treatment Can Be Used Against You

If you fail to seek medical treatment after an accident, the opposing party or insurance company may argue that you weren’t really injured or that your injuries are not as severe as you claim. They may also argue that you are exaggerating your injuries or that your injuries are not related to the accident. This can result in a lower settlement offer or a denial of your claim.

It is essential to seek medical treatment promptly and follow your doctor’s advice to ensure that your injuries are diagnosed and treated appropriately. This can help establish a clear link between your injuries and the accident, which can strengthen your case and improve your chances of obtaining fair compensation for your damages.

Prevent Long-Term Complications

Seeking medical treatment early on can prevent long-term complications from developing. Some injuries, such as muscular or disk injuries and traumatic brain injuries, can cause symptoms that worsen over time. Getting prompt medical attention can help prevent these symptoms from worsening and improve your chances of full recovery.

In conclusion, seeking medical treatment after an accident is crucial for your health and for your personal injury case. If you have been involved in an accident, make sure to get checked out by a medical professional as soon as possible. As an attorney, it’s essential to advise your clients to seek medical treatment and to help them gather the necessary documentation to support their case. By doing so, you can help ensure that your clients receive the compensation they deserve for their injuries.

As a personal injury law firm, we must advise our clients on the importance of seeking medical treatment after an accident. If you or someone you know has been injured in an accident, seeking medical attention should always be a top priority. Miller, Montiel & Strano, P.C. understands the importance of prompt medical treatment for our client’s health and their personal injury cases. Our team of experienced personal injury attorneys is committed to helping our clients get the compensation they deserve for their injuries. Contact us today to schedule a consultation and see how we can help you with your personal injury case.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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Car accident laws are a set of legal rules and regulations that govern the rights and obligations of drivers, passengers, and pedestrians involved in a motor vehicle accident. These laws vary depending on the jurisdiction but typically cover issues such as:

1. Liability: determining who is at fault for the accident and therefore responsible for damages.
2. Insurance requirements: laws that mandate the types and amounts of insurance that drivers must carry.
3. Reporting requirements: laws that require drivers to report accidents to the authorities or to their insurance company.
4. Statute of limitations: the time period during which a victim can file a lawsuit or claim for damages.
5. Damages: laws that determine what types of damages are available to victims, including compensation for medical expenses, lost wages, and pain and suffering.
6. Criminal charges: laws that govern when a driver can be charged with a crime, such as driving under the influence of alcohol or drugs.

It is important to note that car accident laws can be complex and vary greatly depending on the specific circumstances of the accident and the jurisdiction in which it occurred. If you are involved in a car accident, it is recommended that you consult with an attorney who specializes in personal injury law to help you navigate the legal system and protect your rights.

What are some New York car accident laws?

New York car accident laws are laws specific to the state of New York that govern the rights and responsibilities of drivers, passengers, and pedestrians involved in a motor vehicle accident. Some key New York car accident laws include:

No-fault insurance

In a no-fault insurance state, drivers are required to carry personal injury protection (PIP) insurance. If you are injured in a car accident, you will file a claim with your own insurance company, regardless of who was responsible for the accident. This means that your own insurance company will pay for your medical expenses and lost wages, up to the limits of your policy, regardless of whether or not you were at fault for the accident.

However, there are some limitations to the no-fault system. In New York, no-fault insurance only covers economic losses, such as medical expenses and lost wages. If you have suffered non-economic damages, such as pain and suffering or emotional distress, you may need to file a separate lawsuit against the at-fault driver to recover those damages.

In addition, there are certain thresholds that must be met in order to win a lawsuit against the at-fault driver. Generally, in New York, in order to win a case against the at-fault driver you have to prove you suffered a “serious injury,” which is defined as an injury that meets one of several criteria, such as a fracture, disfigurement, or permanent loss of use of a body part.

No-fault insurance is designed to provide a quicker and more efficient way for injured parties to receive compensation for their economic losses, without the need for a lengthy legal battle to determine fault. 

Comparative negligence

Comparative negligence, also known as comparative fault, is a legal concept that comes into play when determining who is responsible for an accident and how damages should be allocated among the parties involved. In New York, the fault for an accident can be divided among the parties involved based on their degree of responsibility.

Under New York’s comparative negligence law, if multiple parties are found to be at fault for an accident, the damages awarded to each party will be reduced in proportion to their degree of fault. 

Comparative negligence can be applied to a wide range of accident scenarios, including car accidents, slip and fall accidents, and construction injury cases. The concept is designed to ensure that each party is held accountable for their share of responsibility for an accident and that damages are allocated fairly based on each party’s degree of fault. It is extremely important to note that the comparative negligence concept can be complex, and determining fault in an accident can be a challenging process.

Statute of limitations

A statute of limitations is a time limit that sets the maximum amount of time a person has to file a legal claim or lawsuit. In New York, the statute of limitations for personal injury claims arising from car accidents is three years from the date of the accident. This means that if you are injured in a car accident in New York, you have three years from the date of the accident to file a lawsuit seeking compensation for your injuries.

It is important to understand that the statute of limitations is a strict deadline, and if you miss this deadline, you may be barred from pursuing a legal claim or lawsuit. Therefore, if you are considering pursuing legal action for injuries sustained in a car accident, it is important to act promptly and consult with an experienced personal injury attorney as soon as possible.

If you are unsure about your legal rights or the deadlines that apply to your case, it is recommended that you consult with an experienced personal injury attorney who can guide you through the process.

Hit-and-run accidents

A hit-and-run accident occurs when a driver hits another vehicle, pedestrian, or property, and then leaves the scene without stopping to provide their information or render aid. In New York, it is illegal to leave the scene of an accident without stopping to provide your information or render aid, regardless of whether or not you were at fault for the accident. If you are involved in an accident in New York, you are required to stop and provide your name, address, and insurance information to the other parties involved, as well as to the police if they arrive at the scene.

If a driver fails to stop and provide their information or render aid after an accident, they can face serious legal consequences. In New York, leaving the scene of an accident that causes property damage is considered a traffic infraction, while leaving the scene of an accident that causes injury or death is considered a misdemeanor or a felony, depending on the circumstances.

If you are the victim of a hit-and-run accident in New York, it is important to report the accident to the police as soon as possible. The police can investigate the accident and attempt to identify the driver who fled the scene. If the driver is identified, they can be held accountable for their actions and you may be able to pursue legal action to recover compensation for your injuries and damages. If the driver who caused the hit-and-run accident is not identified, you may still be able to recover compensation through your own insurance company. In New York, all drivers are required to carry uninsured motorist coverage, which can provide coverage in the event of a hit-and-run accident or an accident with an uninsured driver.

Cell phone use

In New York, it is illegal to use a handheld electronic device while driving, which includes talking on a cell phone, texting, emailing, browsing the internet, or using any other electronic device. This law is commonly known as the “texting while driving” law, but it actually applies to any use of a handheld electronic device while driving, even if it’s just to make a phone call.

The law is designed to reduce distracted driving, which is a leading cause of car accidents in New York and across the United States. Distracted driving can be caused by a variety of factors, including cell phone use, eating or drinking while driving, grooming, or interacting with passengers. If you are involved in a car accident in New York and the other driver was using a cell phone at the time of the accident, this may be evidence of negligence on their part. An experienced personal injury attorney can help you investigate the circumstances of the accident and determine whether cell phone use played a role in the crash.

Child safety

Child safety is a crucial aspect of car accidents because children are among the most vulnerable passengers in a vehicle. In New York, there are specific laws and guidelines that apply to child safety in cars to help reduce the risk of injuries and fatalities.

Here are some key points to keep in mind regarding child safety in cars:

1. Car seats: New York law requires that children under the age of four rides in a car seat that is properly installed and secured in the back seat of the vehicle. Children between the ages of four and eight must ride in a booster seat and children who are at least eight years old or who are taller than 4 feet 9 inches can ride in a regular seatbelt.
2. Rear-facing car seats: It is recommended that children ride in a rear-facing car seat until they reach the age of two or until they reach the highest weight or height allowed by the car seat manufacturer.
3. Seatbelt use: All passengers in a vehicle are required to wear a seatbelt in New York, regardless of their age. Children who have outgrown their car seats or booster seats must use a regular seatbelt that fits properly.
4. Airbags: Children who are under the age of 13 should not ride in the front seat of a vehicle equipped with a passenger-side airbag, as the airbag can cause serious injuries in the event of an accident.
5. Check for recalls: It is important to check for any recalls on car seats and booster seats and make sure they are properly installed and used according to the manufacturer’s instructions.

In addition to following these guidelines, it is important to always be aware of your child’s safety in the car and take precautions to reduce the risk of injury in the event of an accident. For example, you can make sure that heavy items are properly secured in the vehicle to prevent them from becoming projectiles in the event of a crash. If you are involved in a car accident in New York and your child is injured, it is important to seek medical attention as soon as possible. 

It is important to note that these are just a few of the key New York car accident laws, and the specific circumstances of an accident can affect how these laws are applied. If you are involved in a car accident in New York, contact Miller, Montiel, & Strano, P.C. to schedule a free consultation.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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Car recalls are a common occurrence in the auto industry, and they can be caused by a wide range of issues, from faulty airbags to defective brakes. If you receive a recall notice for your vehicle, it’s important to take immediate action to ensure your safety and protect your legal rights. 

What is a car recall?

A car recall is an action taken by a manufacturer or the National Highway Traffic Safety Administration (NHTSA) to address a safety-related defect in a vehicle. Recalls are issued when a defect or potential defect poses a risk to the safety of vehicle occupants or other road users. The manufacturer or the NHTSA will notify vehicle owners and instruct them to bring their vehicles to a dealership or repair center to have the defect fixed at no cost to the owner.

One example of a car recall is the Takata airbag recall which affected millions of vehicles across multiple manufacturers. The recall was issued due to a defect in the airbag inflators that could cause the inflator to rupture and spray metal shrapnel into the vehicle, posing a serious risk of injury or death to occupants. The recall affected vehicles from Honda, Toyota, Ford, BMW, and other manufacturers, and required the replacement of the defective airbag inflators.

What if my car is recalled?

Check the Recall Notice: 

The first step is to carefully review the recall notice that you receive. A recall notice is an important document that is sent by a vehicle manufacturer or the NHTSA to inform vehicle owners of a safety-related defect in their vehicle. The notice serves as a formal communication to notify owners of the issue and provide instructions on what actions they need to take to address the problem.

The recall notice typically contains information about the defect, including how it can impact the safety of vehicle occupants or other road users. This information can include details about the potential consequences of the defect, such as the risk of injury or death in the event of an accident or other incidents.

The notice will also provide instructions on how to get the defect repaired, including where to take the vehicle and what steps to follow to schedule an appointment with a dealer or authorized repair center. In most cases, the manufacturer will cover the cost of the repair, so owners should not have to pay anything out of pocket.

It’s important for vehicle owners to take recall notices seriously and follow the instructions provided to address any safety-related issues with their vehicles. Failure to do so can put the driver and passengers, as well as other road users, at risk of injury or death. If you receive a recall notice for your vehicle, it’s important to take prompt action to have the defect repaired as soon as possible to ensure your safety on the road.

Contact Your Dealer

Contacting your dealer or authorized repair center after receiving a recall notice is important because they are the best equipped to perform the necessary repairs to address the safety-related issue in your vehicle. Dealerships and authorized repair centers have access to the most up-to-date information about the recall and are trained to perform the repairs in accordance with the manufacturer’s specifications.

In addition, taking your vehicle to the dealership or authorized repair center can help ensure that the repairs are done correctly and that the safety-related issue is fully addressed. If you attempt to make the repairs yourself or take the vehicle to an unqualified repair shop, you run the risk of not properly addressing the safety-related issue, which could put you and other road users at risk.

Finally, by contacting your dealer or authorized repair center, you can ensure that the repair is completed at no cost to you. In most cases, the manufacturer will cover the cost of the repair, so there is no need for vehicle owners to pay out of pocket.

Follow Up

Following up with the dealer or manufacturer after a repair on a recall is important to ensure that the repair was completed correctly and that the safety issue has been fully addressed. It’s possible that the repair may not have been done correctly, or that there may have been additional issues that were not discovered during the initial repair.

By following up, you can ensure that the repair has been completed properly and that the safety issue has been fully addressed. This is particularly important if the safety issue could potentially cause harm to you or other road users if it is not fully addressed.

In addition, following up with the dealer or manufacturer can help ensure that you are aware of any additional information or instructions related to the recall. In some cases, the manufacturer may issue updated instructions or provide additional information about the recall that was not included in the initial notice.

Finally, following up with the dealer or manufacturer can also help ensure that you receive any compensation or reimbursement that you are entitled to as a result of the recall. This may include any expenses you incurred as a result of the recall, such as rental car fees or towing costs.

Consider Legal Action

While most recall cases can be resolved through a simple repair or replacement of the affected parts, there are situations where legal action may be necessary. Here are some reasons why you may want to consider legal action after a car recall:

1. If you were injured or suffered damages as a result of the defective part: If you or a loved one suffered injuries or damages due to a defective part that was subject to a recall, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. In such cases, it may be necessary to pursue legal action to ensure that you receive the compensation you deserve.
2. If the manufacturer fails to address the recall in a timely manner: If the manufacturer fails to address the recall in a timely manner, it could put you and other road users at risk. In such cases, you may want to consider legal action to compel the manufacturer to take the necessary steps to address the recall as quickly as possible.
3. If the manufacturer knowingly covered up the defect: If the manufacturer knowingly covered up the defect and failed to disclose it to the public or regulatory agencies, they may be held liable for any damages that resulted from the defect. In such cases, legal action may be necessary to hold the manufacturer accountable for their actions.
4. If the manufacturer failed to notify you of the recall: If the manufacturer failed to notify you of the recall or if the notice was delayed, you may have missed the opportunity to have the defect addressed in a timely manner. In such cases, legal action may be necessary to ensure that you receive compensation for any damages that resulted from the delay.

While most recalls can be resolved through a simple repair or replacement of the affected parts, there are situations where legal action may be necessary to ensure that you receive the compensation you deserve and that the manufacturer is held accountable for your actions. If you have been injured as a result of a defective car, it’s important to take immediate action to protect your rights. Contact us today to schedule a free consultation today.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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