What to Expect and How to Prepare for a Personal Injury Trial in New York

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Friedman Levy

To prepare for a personal injury trial in New York, work closely with your attorney to gather all necessary evidence, including medical records, accident reports, and witness statements. Practice your testimony to clearly explain your injuries and how they have impacted your life. Be prepared for cross-examination by understanding the strengths and weaknesses of your case. Additionally, dress appropriately, arrive early, and follow your attorney’s guidance throughout the trial to ensure the best possible outcome. 

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If a fair and full settlement cannot be reached, the New York City personal injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. are prepared to take your personal injury case to trial. We are one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients and will thoroughly prepare you for a personal injury trial so you know what to expect.      

Steps to Preparing for Trial 

Preparing a client for a personal injury trial involves a series of well-organized steps to ensure they are ready to present their case confidently and effectively. Here’s a sequential breakdown of the key steps involved: 

Review Case Details and Legal Strategy 

 Meet with the client to review the facts of the case, evidence collected during discovery, and the overall strategy. Ensure the client fully understands their case, including the strengths, weaknesses, and potential challenges. 

Prepare the Client for Testimony 

Conduct mock examinations where the attorney asks questions the client will likely face in court. This includes direct examination (by their attorney) and cross-examination (by opposing counsel). Focus on clear, honest, and concise answers. 

Review Discovery Materials 

Review all evidence, such as medical records, accident reports, photographs, and depositions. Ensure the client is familiar with these materials, as they may be questioned about them during the trial. 

Address Client Demeanor and Courtroom Etiquette 

Discuss the importance of maintaining a calm and respectful demeanor throughout the trial. Advise the client on appropriate attire, body language, and how to react to questions, especially under pressure. 

Prepare for Cross-Examination 

Practice handling tough questions from the opposing counsel. The attorney will simulate cross-examination to help the client remain composed and avoid being rattled by aggressive questioning. 

Coordinate Witness and Expert Testimonies 

If the client’s case involves witnesses or expert testimonies, prepare them to align their statements with the case strategy. Ensure the client understands how this testimony supports their case. 

Final Trial Run-Through 

If possible, conduct a comprehensive mock trial to simulate the courtroom experience. It helps the client get comfortable with the process, practice answering questions under pressure, and understand the flow of trial proceedings. 

Address Any Last-Minute Questions or Concerns 

Before the trial, we will meet with you to address lingering concerns, clarify doubts, and reinforce confidence. We will also provide clear instructions on what to expect on the day of the trial. These steps ensure that you are fully prepared, informed, and confident, which can significantly improve your chances of a successful outcome in your personal injury trial. 

Why Are Some Personal Injury Cases More Likely to Go to Trial? 

In New York, certain types of personal injury cases are more likely to go to trial because they involve complex issues, disputed facts, or significant amounts of money: 

For example, slip and fall cases often go to trial because liability may not be clear and heavily disputed. Property owners, insurers, and defendants frequently challenge claims to avoid paying compensation, arguing that they were not negligent or that the injured party was partly or fully responsible for the accident. 

Other cases that may go to trial include the following: 

  • Medical malpractice claims often involve highly technical medical evidence, expert witness testimony, and questions of whether a healthcare provider deviated from the standard of care. Doctors, hospitals, and insurance companies frequently dispute liability and are often unwilling to settle, as admitting fault can have severe financial and reputational consequences. The stakes are high, leading these cases to trial to allow a jury to decide. 
  • Construction accident cases also frequently go to trial. New York’s labor laws (particularly Labor Law Sections 200, 240, and 241) impose strict liability on property owners and contractors for specific construction site accidents. However, disputes often arise over whether these laws apply, the extent of negligence, or the injured worker’s responsibility. Given the potential for large settlements, defendants are often reluctant to settle without a fight, leading to trials. 
  • Product liability cases involve injuries caused by defective or dangerous products. They can be complex, requiring extensive expert analysis to prove that the product was defective and caused the injury. Manufacturers and their insurers are often unwilling to admit fault due to the risk of setting a costly precedent, leading to cases being settled in a courtroom. 
  • Cases involving catastrophic injuries (such as spinal cord injuries, traumatic brain injuries, or amputations) or wrongful death often involve substantial financial compensation for medical expenses, lost earnings, and pain and suffering. Insurance companies are typically reluctant to agree to high settlements, especially if the long-term costs are challenging to quantify.  

Ultimately, personal injury cases that involve complex legal issues, substantial damages, or disputed facts are more likely to go to trial in New York, as the parties involved may prefer to let a jury decide the outcome. 

Schedule a Free Consultation  

 If you are looking for trial lawyers who will fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. Because we understand accidents don’t just happen during business hours, we have lawyers available to assist you 24/7. When you call, you will always speak with one of our experienced NYC personal injury lawyers, who will give you the personalized attention you deserve. Schedule a free, no-obligation consultation today at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

Who is At Fault in a Motorcycle Accident?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Motorcycle Accidents, Personal Injury Lawsuits

Determining fault in a motorcycle accident in New York depends on the specific circumstances of the collision. Liability is based on negligence, meaning the party that failed to exercise reasonable care is held responsible. For example, other motorists are often at fault for motorcycle accidents due to behaviors such as failing to yield, distracted driving, and not checking blind spots before changing lanes or merging, and hitting motorcyclists.

The New York motorcycle accident attorneys at Friedman, Levy, Goldfarb, Green & Bagley understand and appreciate the risks and dangers faced by New York State’s almost 400,000 licensed riders. If your bike is damaged and you suffer injuries because a negligent motorist caused a crash, we can help. Our skilled team will work to recover compensation for your damages and losses so you can get back on your bike as soon as possible. Call today for a free consultation.

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Injured Due to Negligence? Let Us Fight for Your Rights!

How is Fault Determined in a New York Motorcycle Accident?

Fault in a New York motorcycle accident is determined via the negligence standard. As with other types of motor vehicle accidents, the plaintiff must show the following:

  • Duty: The defendant had a duty of care to follow traffic laws and operate their vehicle safely.
  • Breach of duty: The defendant breached that duty of care, whether by reckless or inattentive driving, speeding, or other forms of negligence.
  • Causation: The breach of duty was a direct cause of the accident and subsequent injuries.
  • Damages: The accident resulted in quantifiable damages, such as medical expenses and lost wages. 

Damage awards are intended to make you whole for those losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated.

Are Motorcyclists Covered by No-fault Insurance in New York?

Under New York law, no-fault insurance typically provides automatic coverage for medical expenses and a percentage of lost wages for drivers and passengers involved in car accidents, regardless of who was at fault. However, motorcycles are explicitly excluded from this coverage.

Although no-fault insurance does not apply, motorcyclists can seek compensation through other types of coverage, such as liability Insurance. New York requires motorcyclists to carry liability insurance, which covers injuries or property damage the motorcyclist may cause to other parties. However, it does not cover the motorcyclist’s injuries.

Motorcyclists must rely on their health insurance to cover medical expenses after an accident, or they can file a personal injury lawsuit or a liability claim against the at-fault driver’s insurance to recover damages, including medical expenses, lost wages, and pain and suffering.

Can Multiple Parties Be at Fault in a Motorcycle Accident?

Multiple parties can share fault in a motorcycle accident in New York. The state follows a pure comparative negligence rule, meaning that liability for an accident can be divided among all parties based on their percentage of fault. This rule applies to motorcyclists, drivers, pedestrians, and even third parties like municipalities or manufacturers.

For example, a motorcyclist was traveling 10 miles over the speed limit at the time of the accident, but the driver who hit them was intoxicated. In addition, a malfunctioning traffic signal also contributed to the accident, so the jurisdiction in charge of the road may also hold some responsibility.

How Does Pure Comparative Negligence Affect Compensation in an Accident?

Compensation is reduced according to the percentage of fault, as determined by a jury. For instance, if a jury determines that the motorcyclist was 30 percent at fault for the collision, a $100,000 award is reduced to $70,000. If the jury determines that the motorcyclist is 90 percent at fault, that $100,000 award is reduced to $10,000.

Pure comparative negligence provides more opportunities for victims to receive damages proportional to their degree of responsibility. In addition, knowing that courts will apportion fault, parties are often motivated to negotiate and settle cases out of court, saving time and legal costs.

What Evidence is Used to Establish Fault After an Accident?

Determining fault in a motorcycle accident in New York requires substantial evidence to establish how the crash occurred and who is responsible. In a state that follows pure comparative negligence, evidence plays a critical role in identifying each party’s level of fault and ensuring a fair allocation of liability.

Gathering the necessary documentation and evidence is essential for building a strong case and may include the following:

  • Medical records
  • The official accident report from law enforcement
  • Eyewitness testimony
  • Testimony by expert witnesses like accident reconstructionists
  • Photos from the crash scene
  • Vehicle damage and debris
  • Video surveillance footage or dashcam footage
  • Traffic data from GPS and navigation services

How Do You File a Claim After a Motorcycle Accident?

Filing a claim after a motorcycle accident in New York requires prompt action, thorough documentation, and clear communication with insurers.

  • File an accident report by calling 911 at the scene. If you cannot, file a report with the Department of Motor Vehicles (DMV) within 10 days if there are injuries, fatalities, or significant property damage (over $1,000).
  • Request a copy of the police report for your records, as it will document initial findings about fault and damages.
  • Inform your motorcycle insurance provider about the accident as soon as possible. Provide facts about the crash but avoid admitting fault. Stick to factual descriptions and let the investigation determine liability.
  • With your attorney, file a liability claim against the at-fault driver outlining the damages and injuries you suffered. Obtain their insurance details at the scene or through the police report.

If a fair settlement cannot be reached, your attorney can file a personal injury lawsuit against the at-fault party.

Statute of Limitations for Motorcycle Accidents in New York

In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the accident date. However, if the accident involved a government vehicle, such as a Metropolitan Transit Authority bus, a police car, or a city garbage truck, the statute of limitations is much shorter.

For an accident involving a state-owned vehicle, a Notice of Intention must be served on the Office of the Attorney General within 90 days of the accident to preserve your legal rights. If the city or a local municipality owns the vehicle, a Notice of Claim must be filed within 90 days. If your motorcycle collision involved a U.S. government vehicle, such as a U.S. Post Office truck, you have two years to file a claim.

Are There Exceptions to the Statute of Limitations?

Yes, there are exceptions to the statute of limitations. In New York, you can obtain a motorcycle learner permit at the age of 16. If the injured motorcyclist is under 18, the statute of limitations is extended until their 18th birthday, when they are able to make legal decisions on their own behalf. If the person has a disability, such as a serious mental illness, the statute of limitations is extended until the individual is considered legally competent.

How Can a Delay in Filing Your Claim Affect Your Case?

Failing to file a claim within the statute of limitation deadline generally means your case cannot go forward. That is why it is imperative to consult a New York motorcycle accident attorney as soon as possible.

Schedule a Free Consultation

If you were seriously injured in a motorcycle accident, you need the services of an experienced New York motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. We serve residents of Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, as well as those in Long Island, Westchester County, Rockland County, and the Hudson Valley. Because we work on a contingency basis, you pay no legal fees unless you receive compensation.

Gathering Evidence for Car Accident Cases

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

The seconds and minutes after a car crash are often chaotic. You may feel confused and in shock. But the steps you take immediately after a collision will impact your ability to recover financial compensation for physical injuries, mental anguish, and property damage.  

Here, New York City car accident attorneys with Friedman, Levy, Goldfarb, Green & Bagley, P.C. explain why evidence is critical and how to collect it if you are involved in a life-changing motor vehicle accident.  

Why Gathering Evidence is Crucial in Car Accident Cases 

A serious auto accident can have far-reaching effects on a person’s mental, physical, emotional, and financial well-being. Accident victims may need extensive medical care. They may experience pain and disability that keeps them from working and earning income. Car accident case evidence is the key to recovering financial compensation for these losses.  

The Role of Evidence in Proving Fault 

It only takes seconds for a devastating accident to happen. As a crash victim, determining precisely what went wrong and who is at fault is often difficult. Evidence from the scene establishes the facts: what happened, why it happened, and who is to blame.  

Without these critical details, the at-fault driver is likelier to deny blame, avoid consequences, and escape justice. Because accident photos, camera footage, and eyewitness accounts are tough to disprove, these and other evidence will bolster your claim and increase the likelihood of a fair settlement or favorable court outcome.  

The Impact of Evidence on Settlement Offers 

The presence of solid evidence is one of the primary factors that influence car accident settlements. When negotiating with an at-fault driver’s insurance company and car accident attorneys, the evidence you and your attorneys obtain helps establish liability and position you for a positive outcome.  

Compelling evidence makes it harder for the other party to dispute the facts or offer less than you deserve. With indisputable documentation that proves how and why a crash occurred, you can maximize your settlement and potentially avoid the time and stress of court proceedings.    

Types of Evidence to Collect After a Car Accident 

Car accident evidence comes in many forms. Knowing what to look for after an unexpected crash is helpful if it should ever happen to you.  

Physical Evidence at the Scene 

Physical evidence refers to objects at the scene that help prove how and why the accident happened. Physical evidence can include:  

  • Photos  
  • Video footage 
  • Cell phone usage records 
  • Skid marks and tire tracks  
  • Debris from the accident 
  • Road and weather condition reports 
  • Damage to vehicles and other property  
  • “Black box” data and other vehicle information 

If you are unsure whether certain physical evidence is helpful for your claim, always assume it is and save it.  Once the accident scene is cleared, these valuable details can be lost forever.  

Your personal injury attorney works with you to gather this information and carefully reviews it to determine if it benefits your case.    

Dashcam and Surveillance Footage 

Video footage from vehicle dashcams and nearby homes and businesses provides unbiased, objective accident evidence. It shows the events that led to the crash, clearly establishing fault and adding credibility to your account of the event—and your case overall.   

If you are wrongly accused of liability for an accident, footage from the scene can establish the facts and protect you against these allegations.  

Dashcam Tips for Preserving Evidence  

Anyone considering equipping their vehicle with a dashboard camera should choose a model with certain key features. A G-sensor that preserves footage after a crash is detected is essential if the footage is to be used as evidence in an accident claim. Night vision records after sunset and parking mode records when the vehicle is parked and unattended.  

After a crash, back up your footage to a separate, secure device before the cam overwrites it to save space.  

Witness Statements 

Sometimes, the most powerful evidence in a car accident case is an account of someone who saw or experienced the crash. Statements from individuals involved in the collision and bystanders who witnessed the event can be the most powerful types of evidence used in civil accident claims.   

Medical providers who diagnose and treat the accident victim can also provide witness statements regarding the victim’s injuries and prognosis. Forensic experts specialize in analyzing physical evidence to determine the factors contributing to a collision, including accident reconstruction. Their findings are critical for establishing causation and liability for motor vehicle accidents.  

Police Reports 

New York State requires motorists to contact the police and file a crash report after a car accident if:  

  • Someone is injured or killed 
  • Property damage over $1,000 occurs 
  • A domestic animal is injured or killed 
  • Damage occurs to a parked car or other property, and the owner cannot be located  

The officer who responds to the scene should document injuries and property damage, and assess the circumstances of the accident to the best of their ability. Their police report sheds light on how the crash occurred and who is responsible.  

Medical Records and Bills 

Medical records document how the victim was harmed in a car accident and the treatment they received. They describe future care needs and treatment, rehabilitation, and medication costs. Medical evidence includes the findings of tests and exams, a detailed treatment record, and recommended follow-up care like occupational or physical therapy.  

This evidence establishes a link between the accident and the victim’s injuries. Because medical records are protected by federal privacy laws, personal injury attorneys must obtain your consent and formally request them on your behalf.   

Common Mistakes to Avoid When Gathering Evidence 

You should never rely solely on law enforcement officials to obtain evidence after a car accident. Once you have checked yourself and others for injuries and called 911 for help, gathering evidence should be the next step.  

Here are some common missteps to avoid when documenting the accident scene:  

  1. Delaying Evidence Collection 

You have a short window of time to collect evidence after a crash. If the other party is responsible, they may act quickly to destroy evidence or leave the scene. Take photos of physical injuries and property damage immediately.  

It’s also important to record conditions that contributed to the accident, including missing or malfunctioning traffic signs and signals, unsafe road surfaces, and poor visibility. If you cannot do so because of your injuries, ask someone at the scene for assistance. If you wait to document these details, liable parties may take steps to correct them—casting doubt on your claim.    

  1. Not Seeking Medical Attention 

Another common mistake is not seeking medical care after a crash. While some accident injuries are evident after an accident, others do not have immediate or obvious symptoms. Conditions like whiplash, head, neck, and spine injuries, and internal bleeding can develop and worsen over time.  

For that reason, it’s vital to see a healthcare provider shortly after a crash to check for these and other conditions that, left untreated, may lead to serious health complications. Delaying medical treatment is also problematic in terms of evidence. If too much time elapses between the accident and medical treatment, the other party’s insurance provider and attorneys can raise doubts that your injuries are related to the crash.  

  1. Failing to Seek Legal Advice Early On 

Another common oversight among car accident victims is waiting too long to seek legal counsel. They may believe their case is “open and shut” and don’t fully understand the importance of legal consultation after an auto accident.   

Navigating a car accident claim without an attorney could cost you the full and fair settlement you deserve. You could unwittingly accept an unfair settlement or have your statements used against you. Without a trusted legal advocate, there is no one to protect your interests and your rights throughout the legal process.  

How a Lawyer Can Help with Gathering and Preserving Evidence 

With over five decades of experience, Friedman, Levy, Goldfarb, Green & Bagley, P.C. personal injury lawyers are the right team to lead your case. We have the skills and determination to take on insurance companies and lawyers who do not want to take accountability for their client’s actions.  

We dedicate considerable time and resources to car accident evidence collection, allowing us to build the most compelling case possible. We pursue every possible avenue to prove how and why the crash happened—and show how it has impacted your life. We fight hard for settlements and court awards to help victims rebuild and move forward after a devastating personal injury.  

Call or connect online to schedule a free consultation today. From our office in New York City, Friedman, Levy, Goldfarb, Green & Bagley, P.C., represent clients in Manhattan, the Bronx, Brooklyn, Long Island, Queens, Staten Island, Westchester County, Rockland County, and Hudson Valley, New York.

How an Experienced Lawyer Can Help Prove Negligence in Spinal Cord Injury Cases

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Spinal Cord Injury

Spinal cord injuries can encompass a range of traumas, from herniated or slipped disks to partial or total paralysis. When a spinal injury is due to the negligence of another party,  the victim has the right to sue to recover compensation, which can include the extensive medical and therapeutic services the victim will need, as well as lost wages and pain and suffering. 

Explore your options for legal recourse by speaking with a New York City spinal cord injury lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. With a powerful, results-driven legal ally in your corner, you can optimize your chances of a successful settlement. We have the knowledge and experience to show how negligence harmed you, as well as the full range of costs and expenses that you will face as a result of a spinal injury. In New York, we have recovered multi-million dollar damages awards for back and spinal injury victims. Schedule a free consultation today. 

Spinal Cord Injuries and Their Impact 

A spinal cord injury is any trauma to the nerves that run through a person’s spinal column. Most spinal cord injuries are caused by a sudden blow to the victim’s spine. For example, this injury is common in car accidents or slip-and-fall mishaps.  

The Physical, Emotional, and Financial Impact of Spinal Cord Injuries 

The impact of a spinal cord injury cannot be understated: 

  • Physically, the victim will lose some or all sensation and the ability to move and control body functions below the spinal injury. The victim might also need a respirator to assist in breathing, experience chronic pain or discomfort, and suffer skin ulcers from constant pressure on immobile parts of their body.  
  • In the immediate aftermath of a spinal cord injury, many victims experience grief, denial, depression, and anxiety. Feelings of guilt, embarrassment, and low self-esteem can lead to long-term depression and anxiety. Disability from a spinal cord injury is also associated with feelings of anger and hopelessness. 
  • The initial medical costs associated with spinal cord injuries can be between several hundred thousand and upwards of one million dollars. After that, annual medical costs and expenses can exceed $100,000. Spinal cord accident victims often suffer substantial additional financial burdens from loss of income and expenses associated with mobility systems. 

Legal Aspects of Spinal Cord Injury Cases 

In a spinal cord injury (SCI) case in New York, several legal aspects play a critical role in determining the course of action, potential liability, and compensation, including the following:  

What Constitutes Negligence in Spinal Cord Injury Cases? 

In New York, as in every other state, proving negligence will depend on four elements: 

  • The negligent party owed a duty of care to the injured party.  
  • The negligent party breached that duty. 
  • That breach was the direct and proximate cause of an accident that caused the victim’s spinal cord injury. 
  • The injury imposed financial losses and expenses on the victim.  

Damage awards are intended to make you whole for those losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated. 

Common Scenarios Leading to Negligence Claims in Spinal Cord Injuries 

The causes of traumatic spinal cord injuries include: 

  • Car, truck, and motorcycle accidents 
  • Slip-and-fall mishaps 
  • Violent confrontations 
  • Overzealous law enforcement personnel 
  • Medical and surgical errors 
  • Nursing home abuse or neglect 
  • Injuries from contact sports, diving, skiing, cycling, and other athletic endeavors 
  • Exposure to certain types of poisons, infectious diseases, drugs, and other toxic substances 
  • Spinal bone and disc degradation from repetitive motions and other stresses. 

The Role of an Experienced Lawyer in Proving Negligence in a Spinal Cord Injury Lawsuit 

It may be obvious that your spinal cord injury is due to the negligence of another party. However, insurance companies often go to great lengths to challenge presumptions of negligence, particularly the element of causation in a spinal cord injury lawsuit.  

An insurance company defense lawyer might argue, for example, that: 

  • The victim had a pre-existing medical condition or some other intervening event that caused the spinal cord injury.  
  • The victim was partially at fault for causing the accident. 
  • The negligent party did not owe a duty of care to the victim. This argument is common in slip-and-fall cases where a landlord or property owner might attempt to shift blame to a tenant or claim they were not authorized to be on the property where the accident occurred. 

An experienced spinal cord accident lawyer will anticipate and fight against these and other possible challenges with narrative evidence disproving the insurer’s defenses. 

Gathering and Preserving Evidence 

It may not be feasible to gather evidence of a spinal cord injury immediately after an accident. Nonetheless, the victim and their family should be mindful of the types of evidence that will be crucial to support a significant damages award: 

  • Evidence of how the accident happened can include eyewitness testimony, video footage from CCTV cameras, police reports, statements from individuals involved in the accident, and accident reconstruction reports from experts. 
  • Medical reports and records of X-rays and other diagnostic scans that show the spinal cord injury, physicians’ reports of how an impact caused the injury, and invoices and bills showing the medical costs and expenses associated with treating the injury 
  • Documents reflecting loss of income, such as pay stubs, tax returns, and bank statements 
  • Personal statements from the victim and their family depicting the victim’s pain and suffering and the effects of the spinal cord injury on the victim’s and family’s lifestyles. 

A knowledgeable New York spinal cord accident lawyer will establish the full range of evidence required to verify the compensation that the victim is entitled to recover on account of the negligently inflicted injury. 

Using Evidence to Establish a Clear Chain of Causation 

A personal injury attorney will also present evidence to show how the negligent accident directly and proximately caused the victim’s spinal cord injury and how that injury led to the financial and other losses that the victim suffered. This proof is more readily established when a healthcare provider treats the victim, and their injury is diagnosed immediately after the accident.  

This will foreclose any question of whether an intervening event caused the injury. Medical records and other reports about the victim’s health and well-being immediately before the accident can also prevent questions about whether an injury is associated with a pre-existing condition.  

The Role of an Experienced Lawyer in Building a Strong Case for Compensation in a Spinal Cord Injury Lawsuit 

Under New York State law, a spinal cord injury accident victim can recover both economic and non-economic damages for losses caused by the injury. To build a case for economic damages, a spinal cord accident lawyer will use objective evidence such as medical bills and pay stubs to show the victim’s out-of-pocket losses and expenses. The skills and persuasive experience of that lawyer will be more critical to demonstrate the full extent of the victim’s non-economic losses for things like pain and suffering.  

A skillful lawyer can advocate for a substantial non-economic damages award with: 

  • Journals kept by the victim and their family that describe the extent and duration of pain and the impact of that pain on the victim’s life and relationship with their family. 
  • Medical records that depict the long-term ramifications of the victim’s spinal cord injury. 
  • Expert opinions describing the psychological impact of the injury. 
  • Testimony from family members about the victim’s activities before and after a spinal cord injury. 

Further, Friedman, Levy, Goldfarb & Green leverage extensive expertise in complex personal injury litigation and counsel victims on the soundest strategies for holding liable parties responsible. Our legal team understands the medical and rehabilitation complexities involved in spinal cord injury claims. We work closely with your medical team to properly calculate the full value of your lawsuit. 

Schedule a Free Consultation Today 

The personal injury law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. was founded more than 50 years ago to help injured New York accident victims recover the compensation they need to make their lives as whole as possible after a catastrophic accident. Our spinal cord injury lawyers have recovered millions of dollars in damages for spinal cord injury victims in New York City’s five boroughs and throughout Westchester and Rockland Counties and the Hudson Valley. 

Please call our Manhattan offices as soon as you can after you or a family member has suffered a spinal cord injury. We offer complimentary consultations in all spinal cord injury cases. If we accept your case, you will pay no legal fees unless we recover compensation on your behalf.

Medical Treatment & Documentation After a Car Accident

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Recent data from the National Highway Traffic Safety Administration (NHTSA) shows more than 2.3 million people were injured in motor vehicle accidents in a single year. For many, these injuries are physically and emotionally life-changing.  

Prompt medical care after a crash is essential to avoid further complications and protect your right to sue for damages in civil court. New York City car accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. share the importance of documenting your injuries and how this evidence is used to build a compelling case for a fair settlement or favorable court outcome.  

Why Immediate Medical Treatment Is Crucial After a Car Accident 

After a car accident, it is possible not to have pain—even if you are injured. The body responds to stressful events by releasing hormones like adrenaline and cortisol, which engage the “fight or flight” response. Fight or flight is the body’s way of helping us react quickly during life-threatening events.  

This innate survival mechanism can also mask pain and distract our attention from injuries. This is problematic when an injured person declines medical treatment after a car accident because they initially seem okay—only to discover they are seriously hurt.  

Early treatment after a crash is also critical because some car accident injuries do not cause immediate symptoms. Organ damage, sprains and strains, bone fractures, and traumatic brain injuries (TBIs) can develop or worsen over time. Left undiagnosed and untreated, these injuries can potentially lead to chronic pain and permanent disability.    

Protecting Your Health: The Risk of Untreated Car Accident Injuries 

A car accident can cause severe trauma to the body, even if vehicles are moving at a lower rate of speed. When a car crashes into another vehicle or other object, three collisions take place:  

  • The vehicle collision: The vehicle makes contact with the other object.  
  • The human collision: The occupant continues moving toward the point of impact at the same speed until it connects with an outside force (like a seatbelt, vehicle interior, or outside surface in an ejection.) 
  • The internal collision: The occupant’s internal organs move toward the point of impact within the body. 

So, even if you are wearing a seatbelt or your airbags deploy during a crash, your internal organs can still shift within the body, causing bleeding, bruising, or tearing. Someone who appears uninjured may actually have extensive internal trauma that requires urgent medical treatment. Without timely care, these injuries can become life-threatening.  

How Medical Documentation Supports Your Legal Case  

Medical care is essential for personal injury claims not only to protect your health and well-being. Your medical records are also used as evidence to prove your injuries and show how they have impacted your life.  

Suppose you do not seek treatment or adequately document your care after a car accident. If that happens, you weaken your case and risk losing financial compensation to pay your expenses and rebuild after a devastating injury.  

Establishing Causation 

New York personal injury lawyers use your medical records to establish how and why you became injured. This is a concept called causation, and it is one of several elements required for plaintiffs to prove negligence in car accident cases and recover financial damages.   

The treating physician’s notes, along with diagnostic tests and treatment plans, show you became hurt during the accident and not due to a pre-existing condition. Medical professionals may also evaluate a case and provide expert opinions on what caused the victim’s injuries, recommended treatments, and the long-term prognosis for accident survivors.  

Strengthening Your Position for Fair Compensation 

The strength of your case depends in large part on the evidence provided. If you do not seek medical treatment after a car accident or wait too long to see the doctor, you open the door for the defendant’s attorney to question the validity of your claim or offer a lower settlement than you deserve.  

Documenting Treatment: The Role of Medical Records in a Car Accident Claim 

Clear, objective, indisputable medical evidence is essential for establishing that you were injured and those injuries require treatment. Medical records also show how your injuries have negatively impacted your quality of life.  

Maybe you are permanently disabled or can no longer work after a serious car accident. Traumatic events also leave lasting emotional scars. Car accident survivors can experience anxiety, depression, and post-traumatic stress disorder that affect their mental well-being and overall enjoyment of life.   

Severe injuries also create a significant financial burden. Between doctor visits, hospitalization, surgery, medication, and rehabilitative therapy, treatment can be incredibly costly, even with health insurance. Without medical records to verify these losses, they may go uncompensated, leaving injured victims without resources to recover physically, emotionally, and financially.    

Keep Records of All Medical Visits 

Now, let’s focus on ways to preserve the critical evidence you need to prove your personal injury claim. First, save all documentation for healthcare services related to your car accident, including: 

  • Emergency room care 
  • Surgery and hospitalization 
  • X-rays and other diagnostic tests  
  • Physical therapy 
  • Occupational therapy  
  • Medications 
  • Medical aids  

Many providers utilize electronic health records (EHRs), making storing and accessing your medical data easier. Make copies of your EHRs and share them with your attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. We carefully review this information to collect evidence vital to your claim.  

Document Pain and Suffering 

Although physical and mental pain and suffering are more challenging to document, they are just as impactful. New York State allows damages for pain and suffering in personal injury lawsuits when a serious injury has occurred.  

 There are several ways to document pain and suffering after a car accident:  

  • Personal journal: Use a journal to record how your injuries affect your day-to-day routine and your mental health. Be specific when describing your pain and physical limitations, and be sure to date each entry.   
  • Counseling records: Therapy or counseling can be beneficial after a traumatic event. Records from your sessions help to prove mental anguish.  
  • Witness statements: Observations from family, friends, and coworkers are also helpful to show how you have changed since the accident.   

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we thoroughly investigate your case and determine the value of your claim based on all the ways your accident has affected your life.  We fight for the settlement or court award that truly reflects your losses—so you can focus on healing and rebuilding.  

Avoid These Mistakes With Car Accident Documentation for Medical Treatment 

Some common oversights can derail your claim and prevent you from achieving full and fair compensation for your car accident injuries.  

Inconsistent Medical Treatment 

Following your provider’s guidance is necessary to build a solid personal injury claim. If you don’t complete medical treatment, the defendant’s insurance company and attorneys can argue that your injuries are not as severe as you claim. Adhere to your treatment plan and be diligent about documenting every visit and procedure to preserve the integrity of your case.  

Underreporting Symptoms 

Another common mistake car accident victims make is dismissing or downplaying their symptoms. As discussed above, traumatic injuries do not always have immediate and obvious symptoms. Always see a provider after a crash and share any concerns with your doctor—no matter how slight. Mild symptoms can indicate an emerging problem that requires timely medical treatment.  

Seeking Legal Representation: The First Step Toward Justice  

If you are hurt in a motor vehicle accident in New York and have questions about your rights, a free, no-obligation case review with an attorney is a crucial first step. The importance of legal consultation after a car accident cannot be understated. Without a skilled advocate in your corner, you can make costly mistakes that weaken your case and jeopardize your right to compensation.  

To get started, call or connect online. There is no fee unless we win your case. Based in New York City, Friedman, Levy, Goldfarb, Green & Bagley, P.C. proudly represents clients in and around Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Long Island, and across New York State.

Average Settlement for Pedestrian Hit by Car

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Pedestrian Accident

When determining a settlement amount for a pedestrian hit by a car, many factors come into play, including the impact of injuries on their lives and their degree of fault since New York is a pure comparative negligence jurisdiction. The New York State Department of Health (NYSDOH) reports that injuries to pedestrians rank among the top 10 leading causes of hospital admissions and deaths across various age groups in the state.

If you’ve been hurt in a pedestrian accident, Friedman, Levy, Goldfarb, Green & Bagley, P.C., can help. We are one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients and believe all people are entitled to competent, trustworthy, and aggressive legal representation. Schedule a free consultation today.

What Factors Influence Pedestrian Settlements?

Establishing liability and proving negligence are crucial steps in determining the settlement amount. It involves thoroughly evaluating the actions and responsibilities of all parties to identify who is at fault. The settlement amount typically increases if the driver is deemed negligent—such as speeding, distracted driving, or driving under the influence.

On the other hand, if the pedestrian is found to share some of the blame, e.g., jaywalking, compensation may be reduced according to New York’s pure comparative negligence standard. Other factors include the following:

Insurance Coverage

In New York, drivers must have a minimum insurance coverage of at least $25,000 per person and $50,000 per accident for bodily injury liability. It covers accident-related expenses regardless of fault. However, it may not cover all costs in a serious accident. Individuals can sue the negligent driver when expenses and damages exceed policy limits. If the driver is uninsured, accident victims can rely on uninsured motorist (UIM) coverage.

Average Pedestrian Settlement Figures

Determining an exact average settlement figure for pedestrian accidents can be challenging due to the unique nature of each case. However, considering data from past settlements provides insights into the potential compensation range.

Moderate Injuries

Pedestrian accidents resulting in moderate injuries such as fractures, concussions, or soft tissue injuries may lead to settlements ranging from tens of thousands to hundreds of thousands of dollars. These injuries often require more extensive medical treatment and long-term rehabilitation and may result in temporary disability or long-term impairment.

Severe Injuries

Cases involving severe injuries such as traumatic brain injury (TBI), spinal cord injury (SCI), amputations, or severe orthopedic injuries can result in settlements ranging from hundreds of thousands to millions of dollars. These injuries often require extensive medical care, long-term rehabilitation, and assistive devices and may lead to permanent disability or impairment, significantly impacting the victim’s quality of life.

Wrongful Death

In cases where a pedestrian accident results in the death of the victim, settlements may vary widely depending on factors such as the victim’s age, earning capacity, dependents, and the circumstances of the accident. Settlements for wrongful death claims can range from hundreds of thousands to millions of dollars, covering damages such as funeral expenses, loss of financial support, and compensation for the emotional suffering of surviving family members.

How Pure Comparative Negligence Affects Your Compensation

New York is a pure comparative negligence jurisdiction. This standard determines the settlement amount or jury award for pedestrian accidents. Compensation is proportionate to the level of fault assigned to each party. If you are found partially at fault for the accident, your compensation may be reduced accordingly.

For example, if an investigation determines that you were jaywalking while the driver was speeding, both parties may be deemed to share fault. If you are found to be 30 percent at fault for the accident, your settlement amount may be reduced by that percentage.

What To Do Following a Pedestrian Accident

Knowing what to do after a pedestrian accident can make a significant difference in the outcome of your case.

  • Prioritize your well-being. Get medical attention immediately, even if your injuries seem minor. Remember, adrenaline can mask pain, and what appears as a bump or bruise could develop into something more serious later. Additionally, your medical records will show the extent and severity of your injuries, which is critical for seeking compensation for medical expenses and other damages.
  • Call the police and make sure to get a copy of their report.
  • If there are witnesses, collect their information, such as phone number and email address.
  • If you can, take photos or videos of the accident scene, including any visible injuries, vehicle damage, road conditions, and traffic signs. These visual records can provide invaluable evidence to support your claim later.

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Finally, consult an experienced pedestrian accident lawyer to advise you on your rights and options.

How a Pedestrian Accident Attorney Can Help

Pedestrian accidents are complex. To have the best chance at success, you need a law firm that can leverage its experience and resources for a successful outcome. Here is how we can assist you:

Negotiating with the Insurance Company

Our attorneys are experienced negotiators who know how to deal with insurance adjusters effectively and counter their bad-faith tactics and low-ball offers. We present solid and clear arguments that show the full extent of our client’s injuries, how these injuries have impacted their life, and the legal reasons why the other party is at fault.

Obtaining Evidence

We excel in gathering compelling evidence to support your claim. This may include obtaining accident and medical reports, video or dashcam footage, traffic data from GPS and navigation services, subpoenaing cellphone records, collecting witness statements, and obtaining expert opinions.

Minimizing Fault

Our team works diligently to minimize any allegations of fault. We thoroughly analyze the circumstances of the accident, assess the degree of liability, and develop strategies to present your case in the most favorable light.

Representation in Court

Litigation may be necessary if negotiations fail to result in a fair settlement. Our attorneys are experienced litigators who will represent your interests in court. By presenting evidence, cross-examining witnesses, and arguing on your behalf, we work to recover the compensation for your damages and losses.

Schedule a Free Consultation

If you or a loved one were injured in a pedestrian accident, contact a New York Pedestrian Accident Lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C for a free, no-obligation consultation. We operate on a contingency basis, meaning you will not owe attorney’s fees unless we win compensation for your case.

What Happens If a Pedestrian Caused an Accident?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Pedestrian Accident

According to the most recent data from the National Highway Traffic Safety Administration, a staggering 7,522 pedestrians lost their lives in traffic crashes on public roads in 2022 (NHTSA). Liability usually falls on the driver, who has a higher duty of care. However, there are times when these accidents also occur due to the negligence of a pedestrian. They may be jaywalking, texting, or darting into traffic to catch a bus. However, it is still possible to recover compensation in New York because it follows a pure comparative negligence standard regarding liability. If you’ve been hurt in a pedestrian accident and are concerned because you may bear partial responsibility, it’s wise to contact a skilled and experienced personal injury lawyer.

Friedman, Levy, Goldfarb, Green & Bagley, P.C.  is one of the premier personal injury law firms in New York City. If you are looking for a lawyer to fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. When you sustain severe injuries due to another party’s negligence, we invite you to call us to arrange a consultation at no cost to you. Our personal injury attorneys will aggressively pursue all possible avenues to obtain the compensation you need to heal after a pedestrian accident.

When Are Pedestrians Potentially At Fault for an Accident?

As noted, liability usually falls on the driver, who has a higher duty of care than a pedestrian. However, typical examples where pedestrians might be partially at fault include the following:

  • Jaywalking: Crossing the street outside designated crosswalks or against traffic signals can disrupt traffic flow and lead to accidents.
  • Intoxication:  According to the Insurance Institute for Highway Safety (IIHS), in 2021, 38% of pedestrians aged 16 and older killed in pedestrian accidents between 9:00 pm and 6:00 am had blood alcohol concentrations (BACs) at or above 0.08%.”
  • Distraction: Using cell phones, wearing headphones, or being otherwise distracted diverts attention from changing traffic conditions, inclement weather, and hazards such as construction, which can be dangerous for both drivers and pedestrians.
  • Traveling on Highways or Restricted Areas: Despite clear signage and warnings, some pedestrians ignore restricted zones. Whether it is a construction site or a busy highway, they venture into areas where pedestrian access is prohibited.
  • Sudden Movements: Pedestrians who suddenly dart into the street to catch a bus or retrieve something they dropped can catch drivers off guard, leaving them with little or no time to react, increasing the likelihood of an accident.

Understanding Pure Comparative Negligence in New York

New York is a pure comparative negligence jurisdiction. Under this standard, the state allows the plaintiff to claim damages, even if they are 99 percent at fault. Their damage awards are based on the percentage of fault determined by the court.

For example, a pedestrian crossing a busy road while texting is hit by a speeding car. Even if they are found to be 40 percent at fault for texting, they can still recover 60 percent of their damages and losses. However, a $100,000 damages award is reduced to $60,000 in this scenario.

Potential Compensation

If you were injured in a pedestrian accident, you may be eligible for compensation to cover losses from the incident, including economic and non-economic damages. Economic damages are the hard costs that are easily quantified with receipts, bills, and invoices, including but not limited to:

  • Emergency room visits and hospital stays
  • Surgeries and medical procedures
  • Rehabilitation and physical therapy
  • Medications and medical supplies
  • Future medical care for long-term injuries
  • Lost wages and future lost wages
  • Reduced earning capacity
  • Property damage

Non-economic Damages

Non-economic damages refer to the soft costs which are more subjective, such as pain and suffering, and are calculated using one of two methods. The first one uses a multiplier chosen by examining multiple factors, such as the severity of injuries, the length of recovery, and the effect of these injuries on quality of life. A longer recovery and more severe injuries generally result in a higher multiplier, usually between 1.5 and 5.

A per diem method uses the length of recovery time as the starting point for calculating pain and suffering damages. Using this method, an attorney chooses a per diem amount based on factors similar to those that influence the multiplier method.

Non-economic damages may include embarrassment or humiliation, a form of mental anguish, post-traumatic stress disorder (PTSD), reduced quality of life, reduced enjoyment of life, and disfigurement or scarring.

Average Settlement for Pedestrian Accidents

The average settlement for a pedestrian hit by a car varies widely. Generally, the more severe the injury and its impact on the accident victim’s life, the higher the settlement. Consulting an experienced attorney can offer a better idea of what kind of settlement to expect based on the specific fact patterns of the accident.

Steps to Take After a Pedestrian Accident

Knowing what to do after a pedestrian accident is essential. Take the following steps to strengthen your case and ensure your health and well-being:

  • Seek Medical Attention: Prioritize your health by getting medical care immediately, even if your injuries seem minor. Prompt medical attention ensures your well-being and provides the necessary documentation for your personal injury claim.
  • Report the Accident: Contact the police and file an accident report. This report may be crucial for insurance purposes and potential legal action.
  • Collect Information: If you can, gather details from the driver, including their name, contact information, insurance policy number, and vehicle registration. Also, collect contact information from witnesses.
  • Document Everything: Keep detailed records of all medical treatments, travel expenses to appointments, e.g., rehabilitation, physical therapy, and any correspondence related to the accident. This documentation will support your claim.
  • Consult a Lawyer: Contact a pedestrian accident lawyer at our firm as soon as possible. We can explain your rights, obligations, and options under the law, helping you make informed decisions on how to proceed with your case.

Common Injuries Caused by Pedestrian Accidents

Pedestrian accidents often result in severe injuries because they do not have the protection afforded to the occupants of a vehicle. The force of impact from a vehicle can cause catastrophic harm, including the following:

  • Head injuries (concussions, contusions, skull fractures)
  • Spinal cord injuries
  • Broken bones and fractures
  • Soft tissue injuries (Sprains, strains, bruises, and lacerations)
  • Internal injuries
  • Amputations

Traffic-related pedestrian injuries are a growing public health threat worldwide. The global economic cost of motor vehicle collisions and pedestrian injuries totals $500 billion. The seriousness of pedestrian accident injuries underscores the need for an aggressive personal injury lawyer who will fight for the rights of the accident victim to recover the compensation they deserve. 

How Our Experienced Lawyers Can Help

Pedestrians harmed by the negligence of other parties, even if they bear partial responsibility, should consult a New York pedestrian accident lawyer. They will thoroughly investigate the accident, negotiate with insurance companies who often try to minimize or deny compensation, and represent them in court if settlement negotiations fail to achieve a fair and reasonable amount. By seeking the help of our team, injured victims can confidently navigate the legal process, knowing that their rights and interests are being vigorously defended.

Schedule a Free Consultation

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have achieved a reputation as distinguished litigators committed to seeking justice for our clients. Schedule a free, no-obligation consultation today if you’ve been harmed in a pedestrian accident. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

What Should I Do After a Pedestrian Accident in New York?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Pedestrian Accident

New York City is home to over 8 million people, most on foot through all five boroughs. Unfortunately, collisions between motor vehicles and pedestrians are common, often leading to serious injuries. If you were hurt in a pedestrian accident, it’s wise to consult a skilled and experienced personal injury attorney.

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is one of the premier personal injury law firms in New York City. When you turn to us for help, we are here for you. When you call, you will always speak with one of our experienced attorneys. We will give you the personalized attention that you deserve. Schedule a free consultation today.

Steps to Take After a Pedestrian Accident

The steps you take after a pedestrian accident can affect the strength of your potential legal claim, which could be impacted by even a minor mistake. If you can follow these suggestions, you have a greater chance of protecting your rights and your health and well-being:

Get to Safety

If you were struck by a car, your first step, when possible, is to get out of traffic. Getting out of the road can protect you from further injury, but if you were struck by a car in a parking lot, alley, or sidewalk, your best option is to stay clear of other vehicles. The vehicle that hit you should also move off the road. The only exception to this suggestion is when moving presents an additional risk of injury.

Contact Law Enforcement

Once you are safe,  contact the police and report the accident. Police in New York are not obligated to show up every time an accident occurs. However, the law requires contacting law enforcement when bodily injuries are involved, which is the case in the vast majority of pedestrian accidents.

When the police arrive, they will investigate the cause of the accident. This usually involves speaking to the parties involved and witnesses. After investigating the scene, they will file a report, which can be essential to your personal injury case.

Seek Medical Treatment

If you suffered serious injuries, call 911. You are allowed to leave the scene of the crash if you require immediate medical attention.

Further, seek medical care even if you do not need an ambulance. Some injuries have delayed onset symptoms, and pain can be masked by the adrenalin that floods the body. A healthcare provider can assess your condition and schedule diagnostic tests to ensure you receive the best care possible.

Seeing a doctor can also protect your legal rights by creating a paper trail that would be hard to dispute. In addition, you have a legal obligation to mitigate your damages. It means that you take reasonable steps to prevent your injuries from worsening. Failing to treat an injury could limit your financial recovery in a lawsuit.

Document Evidence at the Scene

The more you can document the details of the accident, such as the position of the car that struck you and the debris from the crash, the more likely your attorney can build a successful case for compensation.

You can make note of traffic conditions, the weather, and the type of car that struck you. Take pictures or videos. If possible, collect the contact information of witnesses. The testimony of a neutral party carries tremendous weight at trial. Their statements could convince an insurance company to settle, allowing you to avoid a trial entirely.

Avoid Admitting Fault for the Accident

Do not discuss the details of the accident with the driver or witnesses. Obtain the driver’s license number and insurance details. Do not admit fault or apologize. Talking about your accident could jeopardize your claim, especially if you say something that could be misconstrued as an admission of fault.

You can expect the defendant’s insurance adjuster to contact you shortly after the crash and ask for a statement. You are not obligated to speak with them–doing so may hurt your chances of a successful claim. They are trained to take your words out of context and look for excuses to deny or minimize your claim.

Notify Your Insurance Company

If you have auto insurance, notify your carrier about the accident. New York law requires auto liability insurance coverage, and you could pursue a claim for medical expenses and a portion of lost wages, up to policy limits. For serious injuries, you can file a claim against the driver who hit you.

Consult a Lawyer

Finally, consult a New York pedestrian accident lawyer. They can negotiate with insurance companies or pursue legal action through the court system. In most cases, they can resolve pedestrian accident claims through a settlement without the need for ever filing a lawsuit.

Schedule a Free Consultation

Pedestrian accidents can be complex, and the driver will likely have the support of an insurance company and an attorney. You deserve legal counsel that can help even the playing field so that you have the best chance of recovering compensation for your damages and losses. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

What To Do If You Slip and Fall On An Icy Sidewalk: Know Your Rights 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip and Fall

There are many slip and fall hazards during winter in New York. If you have slipped on an icy sidewalk, seek medical care, document the scene, report the accident, and follow the care plan of your treating physician. Property owners are responsible for installing, repairing, and maintaining sidewalks adjoining their properties. Liability may rest with, for example, the owner of a private residence on the Upper East Side or a local municipality, county, or state organization. Regardless of who is ultimately responsible, an injured person can almost always take legal action against the negligent party.   

At Friedman Levy, trust that we are thoroughly familiar with city regulations and laws surrounding this type of accident. We are one of the premier personal injury law firms in New York City and are committed to seeking justice for our clients. Our law firm was founded on the principle that everyone is entitled to competent, trustworthy, and aggressive legal representation. Schedule a free consultation today. We are happy to answer your questions and assess your case. 

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

Seek Medical Attention Right Away 

Your health should be your top priority, so seeing a doctor is essential. If possible, document your injuries with photos or videos. For instance, if you fell face first, you likely broke your fall with your hands. If you notice any swelling or discoloration in your wrist or fingers, document it. Further, even if your injuries seem minor, see a healthcare provider. Adrenaline floods the body and can mask pain, especially with a soft tissue injury. Your doctor will provide a treatment plan that will hasten your recovery and reduce the odds of it worsening. Once you are stabilized, contact an attorney. 

Gather Evidence from the Fall 

If you are physically able to do so, gathering evidence related to your fall is crucial to your claim. This means taking pictures of the surface that caused your fall. In winter, black ice is treacherous because it’s often impossible to discern. Nevertheless, images illustrating possible negligence, such as snow that hasn’t been shoveled and untreated ice in the immediate area, may prove important.  

Since New York is such a busy city, enlist the help of passers-by if you find it difficult to do anything except wait for help to arrive. They can take pictures or videos with your phone. In addition, they may serve as witnesses, so be sure to get their contact information. It is also helpful to take note of any security cameras.  

If the fall happens on public property, such as a parking lot, report it when possible. It creates a written record, which, along with your medical records, is crucial documentation that is hard to refute.  

Follow Your Care Plan 

It is not enough for you to see a doctor after a fall. To improve your health and the chances of a successful personal injury lawsuit, you should follow the treatment plan provided by your physician. It will increase your odds of a full recovery. If the doctor in the ER refers you to a specialist, e.g., an orthopedist, for a broken bone, be sure to make that appointment and save those records as well.  

Following your treatment plan will also strengthen the case for your winter slip and fall accident lawyer. When you file a personal injury lawsuit, you have an obligation to mitigate your damages. For example, suppose you see a nurse practitioner at a local urgent care, and they recommend that you go to the ER because your injuries are too severe. In that case, you must heed this advice, as it is best for your health and demonstrates that you are doing your best to mitigate your damages.  

Turn Your car accident into a Step Towards Justice. Contact Us Today!

Establishing Negligence 

To prove negligence in a slip and fall case, you must establish that a property owner or another party caused unsafe conditions and was aware of it but didn’t do anything to remedy it.  

The legal burden rests on whether it can be established that a property owner failed to exercise reasonable care, although other entities may also bear some responsibility. Your attorney can investigate who could be potentially liable for your injuries. For example, a business owner in Midtown may have been aware that ice and snow have created hazardous conditions and subcontracted the work to a third party who failed to do their job.  

Given the legal complexities in these matters, it is always wise to consult with an attorney who will know how to determine responsibility for clearing ice and snow from NYC sidewalks. 

Schedule a Free Consultation with Friedman Levy 

Friedman, Levy, Goldfarb, Green & Bagley, P.C., is a New York City-based law firm specializing in the areas of plaintiffs’ personal injury and medical malpractice law. Our highly talented, diverse, and congenial staff brings a wealth of experience to prosecute these cases successfully, and we are ready to help you.  

Schedule a free consultation today to discuss your legal options with a winter slip and fall accident lawyer. Since we work on a contingency basis, we do not take any money from you unless and until we are successful in winning your case. 

The Importance of Legal Consultation After a Car Accident 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Car accidents are jarring, especially when they are caused due to the negligence of another party. In the aftermath, medical bills, missed work, and stress add to the overwhelm. It is always wise to get a legal consultation after a car accident. An attorney can answer your questions and assess your case, which will help alleviate your anxiety and worry. Further, they are indispensable because they understand how to navigate New York’s complex traffic laws and personal injury regulations. 

If you’ve been hurt in a car accident, contact us at Friedman, Levy, Goldfarb, Green & Bagley for a free consultation. Our team will fight for your legal rights and seek full and just compensation for your injuries. 

Injured in a Car accident? Let Us Fight for Your Rights!

The Legal Process is Complex 

Holding negligent motorists accountable for their actions takes dedication, experience, and tenacity. The legal system is complex, and there are many pitfalls. Having a lawyer who understands how to maximize your financial recovery is invaluable. 

During a consultation, an attorney can answer questions and address concerns about the process, from filing a lawsuit to taking a case to trial. They could also offer context for past settlement offers or how a judge has ruled in similar cases in the past.  

In addition, once you retain them, they can also do the following for you:  

Evaluate and Assess Your Case 

Your lawyer can determine the odds of success by evaluating your case. While they cannot guarantee a specific outcome, they can help you understand the strengths and weaknesses of your claim. They can also advise you on the types of damages that might be available to you if you are successful, e.g., lost wages, medical bills, and pain and suffering.  

Negotiate with Insurance Companies 

Many car accident cases do not go to trial. In fact, a large percentage of them end in a negotiated settlement agreement. Dealing with insurance companies can be challenging, especially when they act in bad faith by consistently offering lowball settlement amounts. Your attorney could deal with the insurance adjuster to resolve your case fairly.  

Turn Your car accident into a Step Towards Justice. Contact Us Today!

Litigate Your Case  

While a negotiated settlement is typical, there are inevitably instances when working out a deal is impossible. Some defendants do not have the resources needed to make you financially whole, while others might simply refuse to accept responsibility. When this happens, going to court becomes necessary. Our firm could handle every aspect of your lawsuit, from filing the petition, gathering compelling evidence to support your claim, and preparing you for trial.  

Contact Us Today for a Free Legal Consultation 

If you are ready to recover fair and reasonable compensation for your damages after a car accident, it is time to contact our trusted car accident lawyers in New York City for a free consultation. There is no obligation to hire us. Since we work on a contingency basis, you will not pay attorney’s fees unless we win. We look forward to hearing from you.