Slip, Trip and Fall Accidents Common in Small Business Properties

New York requires that every auto policy include Personal Injury Protection (PIP). After a motor vehicle accident, your own insurer pays you for certain economic losses regardless of who was at fault. Keep reading as a New York metro area accident attorney breaks down what it all means practically. From a New York Metro Area Accident Attorney: What to Know About No-Fault Benefits Basic PIP coverage in New York is $50,000 per person. That covers medical care of all types, and healthcare providers must accept the state's no-fault fee schedules as payment in full. Your coverage pays 80% of your lost earnings during this time, with a limit of $2,000 a month. Those payments are reduced if you're getting any New York disability, workers' compensation, or Social Security disability benefits. You can also make claims for up to $25 a day for a year for related necessary expenses, like transportation to get medical treatment. Who Is Covered? The coverage for your PIP will include you as the named insured, any relatives living in your home, anyone you gave permission to drive the car, and any passengers in the car. The coverage also applies to any pedestrians that were injured by the vehicle. Motorcyclists and their passengers are excluded from the system, however, and can bring a personal injury claim in any accident situation where someone else was at fault. When Might Coverage Be Denied? This will depend on the specifics of the policy, but generally benefits are only denied if: The driver was drunk or drug-impaired, and that condition contributed to the accident The injury was intentionally caused The driver was committing a felony at the time of the accident The vehicle was stolen How Quickly Do Benefits Pay Out? The insurer must send the Application for Benefits (NF-2) within five business days of receiving notice of your application, and, after that, the faster you return it, the faster you can expect benefits to kick in. Medical bills are usually paid within 45 days of service and lost wages within 90 days of the time you submit proof of your losses. What Happens When It's Used Up? If your injuries cause you greater loss than the PIP coverage, your medical bills would normally go to your health insurer at that point. If the injury is bad enough, the law allows you to step outside the no-fault system and pursue a personal injury claim. When a Personal Injury Claim Is Possible If you have an injury that qualifies as "serious," you (or the family in the event of death) can bring a lawsuit. The law defines "serious" as an injury that causes: Death Dismemberment Significant disfigurement Bone fracture Loss of an unborn child Permanent loss of the use of an organ or limb, bodily function, or bodily system Permanent consequential limitation of an organ or limb, or significant limitation of a bodily function or system. If you've been injured, and especially if your injuries are serious, you may be able to step outside the no-fault system. Contact us now at Miller, Montiel & Strano in Garden City, NY for help throughout the New York metro area.

After a construction site accident in Long Island, NY, there are things a personal injury attorney can do to help you recover compensation. How a Personal Injury Attorney in Long Island, NY Can Help You Recover Compensation After a Construction Accident Investigating Everything Your attorney will look at the full circumstances of the incident and identify every party whose actions or omissions contributed to the harm you suffered. That way, your lawyer will be able to see whether New York labor law provisions apply and what options there might be for bringing a personal injury claim. Because construction sites often have multiple contractors, subcontractors, property owners, and equipment suppliers involved, it's important to map out the relationships among them so that no potential source of recovery is overlooked.Workers' compensation may already be providing you with some limited medical coverage and partial wage replacement, but your attorney can evaluate whether a separate third-party claim can proceed against other entities besides your direct employer. Negligence by another contractor, a property owner, or a manufacturer of defective equipment can all be causes for bringing a claim, and a third-party claim like that can get you more than workers' comp allows, including full lost earnings and compensation for your pain and suffering. Managing Communications Insurers like to contact victims directly and ask questions or request statements that are designed to get you to make a mistake and say something they can use against you. Your lawyer protects you throughout the process by managing all communications with insurance carriers and opposing counsel. When settlement discussions stall, your attorney can also prepare and file a lawsuit if necessary and represent you in court. Collecting and Preserving Important Evidence Your lawyer will direct the collection and preservation of all evidence that could otherwise disappear once the work resumes. If you contact a lawyer quickly, they can arrange for photographs, measurements, and expert inspections of scaffolding, ladders, and machinery. They'll also collect any witness statements quickly and secure any OSHA investigation reports or citations. Assessing the Full Impact Another important way your attorney maximizes your claim is by calculating the full economic impact of the injury. This requires assembling all your medical records, projecting the cost of any future treatments, and calculating both your past wage loss and any permanent reduction in earning capacity you might suffer due to the injuries. Then they'll develop your non-economic damages for pain, suffering, and diminished quality of life through detailed documentation of how the injury has affected you and all the relevant medical evidence. Talk to an Experienced Attorney Today Visit Miller, Montiel & Strano today to set up a free, no-obligation consultation, or call us at 516-363-5003. Partners at our firm handle every matter personally rather than delegating to junior staff, so you can be confident that an experienced attorney will be protecting your right to the full compensation the law allows you. We serve victims across Long Island and throughout New York City.

Public property injuries are a type of premises liability issue, but they come with extra steps because the government is involved. You need to act fast, talk to a lawyer, and gather solid evidence right away. Local and state governments have a duty to maintain sidewalks, parks, roads, transit stations, and public buildings, and if a dangerous condition like a broken sidewalk, icy patch, pothole, or poor lighting causes your injury—and the government entity responsible for it either knew or should have known about the condition—you may have a valid claim. You must show the public entity owed you a duty of care, breached it by failing to fix or warn about the hazard, and that this breach directly caused your injuries. Unlike with certain private property cases, you cannot assume liability just because you fell. In many cases, the key will be proving there was notice of the hazard. This can be actual (someone told the government about the issue, and there's a record of that report) or constructive (the government should have known about it in the ordinary course of regular inspections). Special Rules When Suing Government Entities Under New York General Municipal Law, you typically must file a Notice of Claim within 90 days of the injury. This written notice must explain the details of what happened, where and when the incident occurred, the nature of your injuries, and the damages you are seeking. If you don't file this notice within the required timeframe, you may lose your right to pursue compensation. A typical Notice of Claim includes information such as: The date, time, and exact location of the incident A description of the dangerous condition that caused the injury How the accident occurred The injuries sustained The name of the injured person A general description of the damages being claimed Although the Notice of Claim does not need to include every piece of evidence or every legal argument, it should be accurate and complete. Missing information or errors can create unnecessary obstacles later in the claims process. After the Notice of Claim is filed, the government entity generally has 30 days to request a hearing under General Municipal Law § 50-h, where the injured person may be asked questions about the incident before a lawsuit can proceed. In most cases, you then have one year and 90 days from the date of the accident to file a lawsuit against a city, county, town, or village. This deadline is significantly shorter than the three-year statute of limitations that typically applies to personal injury claims against private property owners. Different Government Agencies Have Different Rules One of the biggest mistakes injured individuals make is assuming every government agency follows the same procedures. In reality, filing requirements can vary depending on who owns or maintains the property where the injury occurred. For example, claims involving the New York City Transit Authority (NYCTA) generally require a Notice of Claim within 90 days, but the Transit Authority has its own procedures and requirements that differ from those of the City of New York. Similarly, counties, towns, villages, school districts, and other public authorities may each have their own rules governing where and how a Notice of Claim must be served. Determining the correct government entity is critical. A sidewalk, roadway, park, or transit station may be maintained by a city, county, state agency, or public authority. Filing your claim with the wrong agency can result in delays—or worse, dismissal of your claim. Federal property, such as a United States Post Office or other federally owned buildings, is governed by the Federal Tort Claims Act, which follows an entirely different administrative claims process and deadlines. Because identifying the proper defendant is not always straightforward, consulting an experienced attorney as soon as possible can help ensure your claim is directed to the correct agency from the start. Common Mistakes That Can Prevent a Successful Claim Government claims are highly procedural, and even otherwise valid cases can be dismissed because of technical errors. Some of the most common pitfalls include: Missing the 90-day Notice of Claim deadline Filing the Notice of Claim with the wrong government agency Naming the wrong defendant in the claim or lawsuit Providing inaccurate or incomplete information about the accident Failing to preserve evidence such as photographs, witness information, or medical records Waiting too long to speak with an attorney While courts may, in limited circumstances, allow a late Notice of Claim, these requests are discretionary and far from guaranteed. It is always safest to assume the 90-day deadline is firm and act immediately after an accident. From a New York Accident Lawyer: Building a Strong Claim To improve your chances of recovering compensation: Work with experienced counsel who has handled claims against cities, counties, and other government entities. Report the dangerous condition as soon as possible if it has not already been documented. Photograph the accident scene before the condition changes or is repaired. Save every piece of evidence, including medical records, receipts, and correspondence. Keep a daily journal documenting your pain levels, limitations, and how the injury affects your daily life. Attend all medical appointments and follow your treatment plan. Avoid discussing your case with insurance representatives or government investigators before consulting your attorney. Taking these steps early can help preserve important evidence and strengthen your claim. Don't Wait to Protect Your Rights You have real rights when you're injured on public property, but the process is time-sensitive, and the procedural requirements are far more complex than in a typical premises liability case. Missing a deadline or filing against the wrong government entity can jeopardize an otherwise valid claim. If you've been injured on public property, contact Miller, Montiel & Strano, PC at 516-363-5003 as soon as possible. Our attorneys have decades of experience representing injury victims throughout New York and understand the unique rules governing claims against government entities. Not sure whether your Notice of Claim has been prepared correctly or whether you've identified the proper government agency? Contact us today for a free Notice-of-Claim review. We'll evaluate your situation, answer your questions, and help you take the next steps to protect your rights before critical deadlines expire.