What to Do If a Property Owner Lies or Covers Up a Slip and Fall Accident 

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

When a property owner lies or tries to cover up a slip and fall incident to avoid liability, it can make an already difficult situation even more stressful. If you find yourself in this position, it’s critical to act strategically. Preserving evidence, documenting your injuries, and consulting an experienced personal injury attorney are key steps to protecting your rights and building a strong claim.  

A slip and fall injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. knows the common tactics used by property owners and managers to avoid liability. Our team protects your rights while fighting for your right to receive the maximum compensation for your losses and damages. Schedule a free consultation today. 

Why Property Owners May Try to Cover Up Slip and Fall Accidents 

Property owners, especially in busy places like New York City, may attempt to conceal or deny a slip and fall accident to protect their own interests. Common reasons include: 

  • Avoiding financial liability. Admitting fault can open the door to costly insurance claims or lawsuits. 
  • Protecting their insurance premiums. Claims can lead to higher premiums or policy cancellations. 
  • Hiding prior negligence. A cover-up may conceal a history of similar incidents or ignored safety issues. 
  • Fear of code violations or fines. Unsafe property conditions may also violate building or safety codes. 
  • Damage to business reputation. For commercial properties, acknowledging an accident can harm public trust and deter customers. 
  • Lack of proper insurance coverage. Some property owners may not carry adequate liability insurance, fearing personal financial exposure. 

How Property Owners Tamper with Evidence 

While it’s reasonable for a property owner to address a hazard after a slip and fall, some go beyond necessary repairs and actively interfere with evidence to avoid liability. Tampering can take many forms, some subtle and others deliberate, and may significantly impact your ability to prove what happened. Recognizing these tactics is crucial to protecting your rights. 

Typical forms of evidence tampering include: 

  • Erasing or editing surveillance footage. Deleting video recordings or “losing” camera angles that show the fall or the hazardous condition. 
  • Altering or backdating incident reports. Changing the details of when, where, or how the fall occurred to shift blame or minimize their own negligence. 
  • Falsifying cleaning or maintenance logs. Creating or modifying records to suggest the area was inspected or cleaned when it wasn’t. 
  • Quickly removing or repairing the hazard before documentation. Fixing the hazard before it can be photographed or witnesses can verify what was there. 
  • Discouraging or intimidating witnesses. Property owners or managers may discourage employees or bystanders from speaking about what they saw, especially if their testimony could support your claim. 
  • Refusing to provide documentation. Denying access to incident reports or internal records that the injured person is legally allowed to request. 

If you suspect any of these actions, it’s important to speak with an attorney immediately. They can act quickly to preserve crucial evidence and prevent further interference. 

What to Do After a Slip and Fall to Protect Your Health and Rights 

If you’re physically able, begin documenting the scene immediately. Take clear photos and videos of the hazardous condition from multiple angles, including wide shots that show the location and close-ups of the specific hazard. If your injuries prevent you from doing this, ask a bystander or companion to help.  

Capturing this evidence at the time of the incident is crucial; it can confirm that the hazard existed and was the direct cause of your fall. Nearby surveillance cameras may have recorded the incident, but the property owner often controls this footage.  

However, because it may be deleted or withheld, it’s important to notify your attorney as soon as possible so they can take legal steps to preserve and request the video before it’s lost. Without your own documentation, it becomes easier for a property owner to falsely claim that no hazard existed or that your injuries occurred elsewhere. 

Other Steps to Take to Preserve Your Rights 

In the aftermath of a slip and fall, taking the following steps can help protect your legal claim: 

  • Obtain witness information. Obtain the names and contact details of anyone who saw the fall or the conditions that caused it. Witnesses may also recall statements made by the property owner or manager at the scene, including any admissions of fault. 
  • Report the incident promptly. Notify the property owner or manager as soon as possible and request an incident report. If they refuse or fail to provide a copy, make your own written record of when and how you reported the accident, and to whom. Taking these steps creates a paper trail that may be critical if the owner later denies the incident or misrepresents what happened. 
  • Seek immediate medical attention. Even if your injuries appear minor, it is essential to get evaluated by a medical professional. Some injuries may not present symptoms right away. Medical documentation supports your recovery and creates a clear link between the fall and your injuries. 
  • Preserve your clothing and footwear. Store the clothes and shoes you were wearing at the time of the accident in sealed paper bags in a cool, dry place. Do not wash or alter them. These items may serve as physical evidence to support your claim. 

Contact a New York City Slip and Fall Injury Lawyer  

If you were seriously hurt due to a property owner’s negligence, you need the services of an experienced personal injury lawyer in NYC at Friedman Levy Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.  

How Slip and Fall Spinal Injuries Change Your Case Value 

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

A spinal cord injury from a slip and fall is a catastrophic event that often results in permanent disability, loss of mobility, and a need for lifelong medical care. These injuries typically involve substantial medical expenses, ongoing rehabilitation, and significant changes to the victim’s quality of life and earning capacity. Because of the complexity and long-term consequences, the value of these cases is high. Choosing an experienced attorney is essential to securing the full compensation the law allows.  

Friedman, Levy, Goldfarb, Green & Bagley, P.C., is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. A skilled NYC slip and fall attorney will advocate on your behalf to pursue the maximum compensation available, so you can access the long-term care and support you need.  

Why Spinal Injuries Are Different  

Life is permanently altered after a spinal cord injury, affecting nearly every aspect of daily living, including mobility, self-care, sleep, and bowel or bladder function. These injuries are medically complex and often far more debilitating than other types of trauma.  

A slip and fall resulting in paraplegia or quadriplegia not only leads to loss of mobility but may also cause chronic, severe pain requiring long-term pharmaceutical management. In some cases, patients experience neuropathic pain even in areas where they have lost all other sensation.   

Additional Common Issues Facing Spinal Cord Injury Victims  

  • Blood Clots: Individuals with spinal cord injuries are at increased risk for deep vein thrombosis (DVT) and pulmonary embolism due to reduced mobility and impaired circulation, particularly in the lower extremities. 
  • Musculoskeletal Pain: Overuse of certain muscle groups, especially in the shoulders, arms, and wrists, can lead to chronic musculoskeletal pain or joint degeneration, particularly in wheelchair users. 
  • Respiratory Complications: Spinal cord injuries, especially at or above the cervical level, can impair respiratory function and increase vulnerability to pneumonia. Individuals with high-level injuries may require mechanical ventilation or tracheostomy. 
  • Pressure Ulcers: Prolonged immobility can result in pressure ulcers (bedsores), which may lead to serious complications such as infections, sepsis, or the need for surgical intervention. 

Spinal injuries go far beyond the physical consequences. Victims often face significant emotional and psychological challenges as they adjust to a drastically altered way of life. The loss of independence, changes in body function, and uncertainty about the future can lead to anxiety, depression, and even post-traumatic stress. 

Potential Compensation in a Spinal Injury Slip and Fall Lawsuit 

While some individuals may eventually return to the workforce following a spinal cord injury, long-term employment prospects are often significantly limited, particularly for those whose prior occupations involved physical labor.  

Many spinal injury survivors face permanent functional impairments that prevent them from resuming their previous roles, and transitioning to less physically demanding work may require extensive vocational retraining.  

Even with accommodations, the combination of chronic pain, reduced mobility, and medical needs can pose substantial barriers to sustained employment, making loss of earning capacity a critical component of any legal recovery.  

Economic and Non-Economic Damages 

Compensation in these cases is intended to address both economic and non-economic losses, and may include: 

  • Medical Expenses (Current and Future): Coverage for emergency care, surgeries, hospital stays, rehabilitation, prescription medications, and long-term care needs, including in-home nursing or specialized spinal injury treatment at top-tier facilities. 
  • Lost Wages: Reimbursement for income lost during recovery, supported by employment records and medical documentation. 
  • Loss of Future Earning Capacity: Compensation for diminished ability to work due to permanent physical limitations, often calculated with input from vocational and economic experts. 
  • Home Modifications: Costs associated with making a residence accessible, such as installing wheelchair ramps, stairlifts, widened doorways, or accessible bathrooms. 
  • Assistive Devices: Expenses for mobility aids, such as wheelchairs, motorized scooters, and durable medical equipment necessary for daily living. 
  • Pain and Suffering: Compensation for the physical pain and loss of enjoyment of life caused by the injury, which may continue indefinitely. 
  • Emotional Distress: Damages for the psychological effects of the injury, including anxiety, depression, and loss of independence, often supported by expert testimony or mental health treatment records. 

Each case is fact-specific, and the total compensation depends on the severity of the injury, the long-term prognosis, and the impact on the victim’s life and livelihood. 

Our Case Results  

Our track record of success in representing clients reflects both our legal skill and unwavering commitment to justice. We understand the profound impact a serious injury can have on every aspect of a person’s life, from physical recovery and financial hardship to emotional strain.  

Through meticulous case preparation, strategic negotiation, and, when necessary, aggressive litigation, we have secured meaningful results for our clients across a wide range of complex personal injury matters. Here are just a few examples: 

  • $2.1 million jury verdict — Trip and Fall Accident, Brooklyn 
  • $1.050 million jury verdict — Windblown Debris in Parking Lot Strikes Customer, Queens 
  • $5,000,000 Settlement — Piece of Building Strikes Pedestrian, Manhattan 
  • $1,500,000 Settlement — 8-Year-Old Girl Falls Through Skylight on Roof Playground of School, Brooklyn 

Friedman, Levy, Goldfarb, Green & Bagley, P.C. was founded over 50 years ago by Sidney Friedman to serve the needs of clients in his New York neighborhood. Today, we continue that legacy with a team of dedicated advocates committed to delivering results with integrity and care. Meet our attorneys to learn more about the experience and qualifications of the professionals who will be handling your case. 

Contact a New York Premises Liability Lawyer  

If you or a family member suffered a spinal injury after a slip and fall due to a property owner’s negligence, contact an experienced New York premises liability lawyer at Friedman, Levy, Goldfarb, Green & Bagley. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.   

Understanding Long-term Care Needs After a Life-changing Fall 

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

Most people are unprepared for how dramatically a serious fall can alter their mobility, daily living, independence, and financial stability. After a catastrophic fall, the victim may never again regain mobility. They may require assistance with the simplest tasks, such as eating, dressing, and maintaining basic hygiene, as well as the financial burden of long-term care. If that fall occurred due to a property owner’s negligence, the victim can file a premises liability lawsuit against the at-fault parties.  

An NYC slip and fall attorney at Friedman, Levy, Goldfarb, Green & Bagley can assess your long-term care needs based on expert medical testimony, the severity of your injuries, prognosis for recovery, and recommendations from treating physicians and care planners. They will also fight to secure the full compensation you deserve to cover those long-term care needs. Schedule a free consultation today. 

Common NYC Long-term Slip and Fall Care Needs  

Some individuals who suffer severe injuries in slip and fall accidents may require long-term or permanent care in nursing facilities. Others may benefit from assisted living arrangements. For example, spinal cord injuries can result in loss of mobility, which often necessitates 24-hour caregiving and medical support.  

Common long-term care needs for those severely injured in a slip and fall include: 

  • Assistive Devices: Wheelchairs, walkers, crutches, mobility scooters, and specialized medical equipment to support daily living. 
  • Home Health Aides: In-home caregivers to assist with bathing, dressing, medication management, and mobility support. 
  • Home and Vehicle Modifications: Installation of ramps, stair lifts, grab bars, and widened doorways for wheelchair access. 
  • Pain Management: Ongoing treatment plans involving medication, injections, physical interventions, or alternative therapies to manage chronic pain. 
  • Physical Therapy: Targeted exercises and treatments to improve strength, mobility, balance, and function over time. 
  • Rehabilitation Services: Comprehensive inpatient or outpatient programs focused on recovery from neurological, orthopedic, or cognitive impairments. 
  • Psychological Support: Counseling or psychiatric care to address trauma, depression, anxiety, or adjustment disorders related to the injury. 
  • Medical Monitoring and Follow-Up: Ongoing evaluations and care plans coordinated by a team of healthcare providers. 

Understanding the full scope of long-term care needs after a serious slip and fall injury is essential, not just for recovery but for securing the compensation necessary to cover those ongoing costs. 

How Long-Term Care Needs Affect Case Value 

Compensation in a personal injury claim is closely tied to the severity of the injury. As noted above, when a plaintiff requires long-term care, the value of the case typically increases due to higher medical costs, extended recovery time, and ongoing support needs. 

For individuals facing long-term care, both the value and urgency of the claim rise. These are highly vulnerable individuals who need timely financial support to access critical services. 

New York City is home to some of the nation’s leading spinal cord and traumatic brain injury programs. While these services offer exceptional care, they also come with substantial costs. Our team understands how to assess the true value of your claim and will advocate for full compensation based on your needs. 

New York Fall Injury Compensation 

When a slip and fall results in life-changing injuries, compensation in a New York personal injury claim must reflect the full scope of long-term consequences, not just immediate treatment. 

Recoverable damages may include: 

  • Medical and Long-Term Care Expenses: Costs associated with hospitalization, surgery, rehabilitation, nursing home care, assisted living, in-home caregivers, medical equipment, home modification, and future medical treatment over a lifetime. 
  • Lost Wages: Income lost during extended recovery periods or prolonged absences from work due to hospitalization, rehabilitation, or ongoing medical care. 
  • Loss of Future Earnings and Earning Capacity: Compensation for the permanent inability to return to work or to earn at the same level as before the injury, particularly when injuries result in disability or dependence on long-term care. 
  • Pain and Suffering: Consideration of the ongoing physical pain and limitations caused by the injury. 
  • Emotional Distress: Recognition of the psychological toll of losing independence, mobility, or quality of life following a serious fall. 

Our Case Results  

Friedman, Levy, Goldfarb, Green & Bagley, P.C., is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. The Law Firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation.  

Our successful case results include: 

  • $5,000,000 Settlement — Piece of Building Strikes Pedestrian, Manhattan 
  • $3,167,000 Settlement — Bridge Painter Falls From Broken Scaffold, Queens 
  • $2,100,000 Jury Verdict — Trip and Fall Accident, Brooklyn 

Our team keeps you fully informed about the progress of your case. Meet our attorneys to learn more about the experience and qualifications of the professionals who will be handling your case. 

Contact a New York Premises Liability Lawyer 

If you or a family member suffered catastrophic injuries from a slip and fall due to property owner negligence, you need the services of an experienced New York premises liability lawyer.  

Schedule a free, no-obligation consultation today. Since we work on a contingency basis, there are no upfront legal fees. While many cases are settled, we will take your case to trial if the insurer refuses to agree to a reasonable settlement amount.  

Why Filing a Lawsuit May Be the Best Move in a Serious Slip and Fall Case 

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

A serious slip and fall injury can lead to lasting physical, emotional, and financial consequences. If your fall was caused by a property owner’s failure to maintain safe conditions, filing a New York slip and fall lawsuit is often the most effective way to protect your rights and pursue fair compensation for your losses. 

Many people hesitate to take legal action, worried it will be too stressful, too expensive, or confrontational. However, most slip and fall cases settle out of court, and having an experienced attorney can ease the burden by handling the legal process so you can focus on your recovery. Further, filing a lawsuit ensures that your claim is taken seriously and that you have a clear path to seek the support you need to rebuild your life. 

A NYC slip and fall attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C., knows a fair settlement value for your case, based on injury severity and prognosis. We negotiate with insurance companies so that you can receive the maximum compensation for your medical bills, lost wages, and other damages. If the insurer does not agree to a reasonable settlement amount, we will take the case to trial.  

Serious Slip and Fall Injuries 

While many slip and fall accidents result in relatively minor injuries, such as sprains, bruises, or mild fractures, others lead to long-term or even permanent harm. These more serious injuries can significantly impact your health, livelihood, and quality of life.  

Filing a slip and fall lawsuit may be the best course of action if you’ve sustained any of the following injuries and are facing ongoing medical expenses, lost income, or long-term care needs: 

  • Broken Bones: Fractures in the hip, wrist, ankle, or pelvis are common in serious falls and may require surgery, physical therapy, and extended recovery time. 
  • Internal Organ Damage: Falls can cause internal bleeding or trauma to organs such as the spleen, kidneys, or liver, injuries that may not be immediately visible but can be life-threatening. 
  • Spinal Cord Injuries: Damage to the spinal cord can result in chronic pain, mobility issues, or even partial or complete paralysis. 
  • Torn Ligaments: Severe ligament tears, particularly in the knees or shoulders, often require surgical repair and lengthy rehabilitation. 
  • Traumatic Brain Injury (TBI): A fall-related blow to the head can lead to a concussion or more severe brain injury, with lasting cognitive, emotional, or physical impairments. 

How Having a Lawyer Protects You When You Are Seriously Injured 

Insurance companies are focused on minimizing payouts. Their goal is to settle claims quickly and for the lowest possible amount. Many injured individuals don’t fully realize what’s at stake, legally or financially, when they accept a settlement without legal guidance. 

Insurers often make low initial offers to unrepresented claimants, knowing they may be overwhelmed. While these offers may seem reasonable at first glance, they are frequently inadequate to cover the full scope of long-term medical costs, lost earning capacity, or ongoing care needs.  

It’s important to understand that once you accept and sign a settlement, the agreement is final; you generally cannot reopen the claim later if the funds fall short. 

You Can Afford Legal Representation: How Contingency Fees Work in Slip and Fall Lawsuits 

Some accident victims hesitate to pursue a lawsuit because they believe hiring a lawyer will be too expensive. In reality, most personal injury attorneys, including those handling slip and fall cases, work on a contingency fee basis. This means you pay no upfront costs and owe nothing in legal fees unless your attorney successfully recovers compensation for your medical bills, lost wages, and pain and suffering. 

If your case results in a settlement or jury award, the attorney’s fee is taken as a percentage of that amount. This structure allows injured individuals to access high-quality legal representation regardless of their financial situation. 

Our Case Results  

We have more than 50 years of experience in handling slip and fall litigation. We have secured meaningful results for our clients across a wide range of complex personal injury matters. Here are just a few examples (results may vary):  

  • $1.5 million for a child who fell through a playground skylight in Brooklyn.  
  • $2.1 million for a man who tripped on a defective street grating in Brooklyn.  
  • $652,000 for a supermarket employee who fell over a cart in Rockland County.  

Friedman, Levy, Goldfarb, Green & Bagley, P.C. was founded by Sidney Friedman to serve the needs of clients in his New York neighborhood. Today, we continue that legacy with a team of dedicated advocates committed to delivering results with integrity and care. Meet our attorneys to learn more about the experience and qualifications of the professionals who will be handling your case. 

Contact a New York Premises Liability Lawyer 

If you were seriously injured in a slip and fall due to property owner negligence, you need an experienced New York premises liability lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C.  

Schedule a free, no-obligation consultation today. We serve all of New York City, as well as Long Island, Rockland County, Westchester County, and the Hudson Valley.  

Understanding Contingency Fees in Construction Accident Cases

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

If you or a loved one has been injured in a construction accident in New York, concerns about legal fees should not deter you from pursuing justice. Most reputable construction accident law firms operate on a contingency fee basis—meaning there are no upfront costs. Your attorney is paid only if your case is successful, aligning their interests with yours and allowing you to pursue your claim. However, it’s important to note that certain case-related expenses—such as court filing fees, expert reports, or medical record retrieval—may still apply.

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., transparency and clear communication with our clients are foundational. We prioritize being responsive, approachable, and available to ensure you stay informed and supported throughout your case.

Here is what you need to know about contingency fees and how they function in construction accident claims in New York.

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How Contingency Fee Agreements Work

A contingency fee agreement means you pay your attorney only if your case results in a financial recovery. Rather than charging hourly rates or requiring an upfront retainer, they receive a pre-agreed percentage of any settlement or court award. You typically owe no attorney’s fees if your case is not successful. However, as noted, you may still be responsible for reimbursing certain case-related expenses—depending on the terms of your agreement.

While rates vary, contingency fees in construction accident cases typically range from 25 percent to 40 percent of the recovered amount. The exact percentage may vary based on the complexity of the case, whether litigation is required, and whether the matter is resolved through settlement or trial.

How Contingency Fees Differs from Other Payment Models

Not all attorneys work on a contingency fee basis. For example, in business and family law, it is more common for attorneys to charge hourly rates or require an upfront retainer. Under this structure, clients are typically responsible for covering legal costs regardless of the case’s outcome.

This billing model can involve certain financial considerations:

  • Legal costs may accrue over time, irrespective of whether the case is resolved successfully
  • Routine communications, including emails and phone calls, are generally billable
  • Clients may need to budget carefully to ensure they can fund the case through to resolution

In contrast, construction accident attorneys typically work on a contingency fee basis. This arrangement shifts the financial risk to the law firm and ties their payment directly to the success of your case.

Why Do Most Construction Accident Lawyers Work on Contingency? 

Construction accident claims are among the most complex personal injury cases. They often involve multiple parties, challenging liability questions, union regulations, OSHA violations, and significant financial damages. Building a strong case may require accident reconstruction experts, safety engineers, medical specialists, and extensive investigative work over weeks or months.

For these reasons, most experienced construction accident attorneys work on a contingency feebasis. Injured workers frequently face lost income, mounting medical expenses, and extended recoveries, making upfront legal fees impractical. Contingency agreements allow access to quality legal representation regardless of financial circumstances.

This model encourages thorough case development and the pursuit of the most favorable resolution possible through settlement or trial.

What Costs Are Covered in a Contingency Agreement?

A contingency agreement covers the attorney’s payment but typically does not include essential litigation expenses—commonly referred to as “case costs.” These costs are separate and necessary for building a strong and well-supported claim.

These may include:

  • Court Filing Fees. These are mandatory charges to initiate a lawsuit and file necessary motions throughout the case.
  • Expert Witness Fees. Complex construction injury cases often hinge on technical analysis. We hire trusted experts such as engineers, safety professionals, and medical specialists who can clearly explain what went wrong and who may be liable.
  • Depositions and Transcripts. Sworn testimony from witnesses, company representatives, and experts is critical. Court reporters and certified transcripts create a precise, permanent record of testimony that can be referenced throughout the legal process.
  • Medical Record Retrieval. We obtain detailed records to establish the nature, severity, and cause of your injuries—often through secure, third-party services.
  • Investigative Work. Site investigations, OSHA violation reviews, accident reconstructions, and photographic documentation are key to establishing liability.
  • Administrative and Travel Costs. These include printing, document management, travel to inspections or depositions, and other routine expenses necessary to move your case forward.

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we advance the costs necessary to build your case—so financial concerns never stand in the way of pursuing the compensation you deserve. If we recover compensation on your behalf, they are deducted from your settlement or award.

If there is no recovery, whether you owe any case-related expenses will depend on the terms of your contingency agreement, which we will review with you in detail before starting work. Our goal is to ensure complete transparency and peace of mind from day one.

What Should You Look for in a Contingency Fee Agreement?

Not all contingency agreements are the same, so reviewing the terms carefully before signing is essential. A clear, fair contract should specify:

  • The exact percentage of any recovery that will be paid to the attorney or law firm.
  • How litigation expenses (case costs) will be covered, including whether you are responsible for those costs if the case does not result in compensation.
  • The terms of termination, including what costs, if any, may be owed if you decide to end the agreement.
  • Any additional fees that may apply, such as administrative or appellate fees.

A well-drafted contingency agreement protects your rights and sets clear expectations. You should never hesitate to ask your construction accident lawyer in NY to explain any provisions you do not fully understand. As noted, transparency is a hallmark of ethical and reputable legal representation.

How Contingency Agreements Apply to Construction Accident Cases

Understanding how legal fees are structured after a construction accident depends on the type of claim you pursue—whether a workers’ compensation claim or a third-party personal injury lawsuit. While contingency-based representation is available in both, the fee structures differ:

Workers’ Compensation vs. Third-Party Lawsuits

In New York, workers’ compensation benefits are handled through a separate system and do not involve contingency fee arrangements in the traditional sense. Instead, attorney fees are subject to approval by the Workers’ Compensation Board and are usually deducted from the awarded benefits.

In contrast, third-party personal injury claims—such as those brought against a negligent contractor, property owner, or equipment manufacturer—operate on a more traditional contingency fee basis. In these cases, your attorney only receives a fee if they secure a settlement or judgment on your behalf. These lawsuits allow for broader compensation, including pain and suffering, full lost earnings, and other damages not covered by workers’ comp.

Why Choose Friedman, Levy, Goldfarb, Green & Bagley, P.C.?

Legal representation is critical in construction accident claims, particularly when multiple parties and insurance carriers dispute liability or attempt to minimize your compensation. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our attorneys bring decades of experience advocating for injured New York construction workers.

We have successfully secured multi-million-dollar verdicts and settlements on behalf of clients seeking fair and full compensation under the law because we offer:

  • No upfront legal fees: We handle your case on a contingency fee basis, advancing all necessary costs—including investigative services, expert witnesses, and court filing fees. You owe no attorney’s fees unless we recover compensation on your behalf.
  • Strategic legal advocacy informed by construction law experience: Our attorneys are skilled in identifying liability, countering insurance defenses, and presenting compelling evidence grounded in technical and regulatory knowledge.
  • Comprehensive understanding of New York construction injury law: We have extensive experience handling complex claims under Labor Law §§ 200, 240, and 241, as well as workers’ compensation coordination and third-party litigation. Our approach ensures every potential source of recovery is explored.
  • Proven negotiation and trial capabilities: Whether negotiating a settlement or litigating in court, we advocate on your behalf to pursue the full value of your claim and maximize your recovery.

Take the First Step — Contact Us for a Free Consultation

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and throughout the NYC metropolitan area. Schedule a free, no-obligation consultation with a skilled NYC construction accident lawyer. We can review your case, answer your questions, and help you understand your legal rights after a construction site accident.

Legally Reviewed by

Charles E. Green – Managing Partner

Charles E. Green is the managing partner at Friedman, Levy, Goldfarb, Green & Bagley, P.C. He has decades of experience handling serious injury cases across New York. His reported decisions and major verdicts reflect strong courtroom skill and legal impact. Mr. Green oversees every case with careful preparation and close client attention. He negotiates effectively against insurers and defense counsel. His work has recovered millions for injured New Yorkers. Clients trust his proven results and dedication always.

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E: info@friedmanlevy.com

Legal Rights After a Construction Site Accident in New York

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

Injured workers after a construction site accident have legal rights that provide critical support. These rights may include workers’ compensation benefits, the ability to pursue a personal injury or wrongful death lawsuit against a negligent third party, and protections under state and federal safety regulations. New York Labor Laws—particularly Sections 200, 240, and 241—offer strong legal safeguards for construction workers. OSHA regulations set national standards for workplace safety. Together, these laws help ensure accountability and provide avenues for injured workers to seek the compensation they deserve.

Your Recovery Starts with a Call

Hurt in a construction accident? Our NYC attorneys are ready 24/7 to help you win. No fee unless we recover for you.

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At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our  NYC construction accident attorneys represent injured construction workers and pursue all available avenues of compensation on their behalf. This includes workers’ compensation claims as well as third-party personal injury lawsuits when applicable. For decades, our attorneys have worked to ensure injured workers receive the full legal protection and financial recovery they deserve.

What Laws Protect Injured Construction Workers in New York?

New York Labor Laws provide some of the most comprehensive legal protections for construction workers in the country. Key provisions—particularly Sections 200, 240, and 241—are designed to hold employers, property owners, and contractors accountable for maintaining safe job sites.

Notably, under Labor Law 240, often referred to as the Scaffold Law, property owners and general contractors may be held strictly liable for gravity-related injuries, such as falls from heights or being struck by falling objects. This means that injured workers do not need to prove negligence—only that the statute was violated and that this violation was a proximate cause of their injury.

  • Labor Law § 240 (Scaffold Law): As noted, this statute protects workers from gravity-related risks, such as falls from heights or being struck by falling objects. It imposes strict (absolute) liability on property owners and general contractors when proper safety equipment—such as scaffolds, ladders, or harnesses—is not provided. A worker’s own contributory negligence does not bar recovery under this law if a statutory violation caused the injury.
  • Labor Law § 241(6): This provision requires compliance with detailed safety rules outlined in the New York State Industrial Code. If a violation of these regulations results in a worker’s injury, they may pursue a third-party lawsuit against contractors or property owners, even if the employer was not directly at fault.
  • Labor Law § 200: This section codifies the common law duty to provide a safe workplace. It applies to a wide range of worksite hazards. It allows injured workers to seek damages for injuries caused by unsafe conditions resulting from negligent supervision or maintenance by a property owner or contractor. Unlike § 240 and § 241(6), liability under § 200 is based on negligence and requires proof of notice or control over the dangerous condition.

A construction accident lawyer in NY can help clarify which protections apply to your specific case and guide you toward maximizing your compensation.

Who Can Be Held Liable for a Construction Accident?

Multiple parties may bear legal responsibility for a construction accident. While workers’ compensation typically bars employees from suing their direct employer, there are limited exceptions—such as cases involving intentional harm or employers operating without proper coverage.

More commonly, injured workers may have the right to pursue a third-party lawsuit against individuals or entities other than their employer whose negligence contributed to the incident. Depending on the details of your case, we may be able to hold accountable the following:

  • General contractors and site supervisors
  • Property owners and commercial developers
  • Subcontractors or vendors
  • Architects or engineers
  • Equipment manufacturers or rental companies

What Compensation Can You Recover After a Construction Injury?

As noted, if a negligent third party contributed to your construction site injury, you may be entitled to pursue a personal injury claim in addition to receiving workers’ compensation benefits. This type of claim allows you to seek full and fair compensation for damages not covered by workers’ comp, including but not limited to:

  • Medical expenses (past and future)
  • Lost income and reduced earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement
  • Loss of enjoyment of life
  • Vocational retraining or home modifications

Additional Provisions

New York law does not impose a cap on pain and suffering damages in personal injury claims, allowing injured parties to seek compensation based on the extent of their non-economic losses.

Further, in construction accident cases, claimants may assert multiple causes of action under various statutes—such as Labor Laws 200, 240, and 241—when supported by the facts. This ability to bring concurrent claims can enhance the potential for recovery and strengthen legal protections for injured workers and their families.

What Should You Do Immediately After an Accident?

Even minor details can significantly affect the outcome of your case. Taking early and informed action is essential to protecting your rights. If you’re able, follow these steps:

  • Seek immediate medical attention, even if your injuries appear minor. Prompt treatment creates a medical record that supports your claim.
  • Report the accident to your employer as soon as possible and request a written incident report be filed. This is a requirement under New York workers’ compensation law.
  • Document the scene thoroughly—photograph the area, equipment involved, visible injuries, and any hazardous conditions.
  • Avoid signing any documents or giving recorded statements to insurance companies or employer representatives without first consulting an attorney. These statements can affect your ability to pursue full compensation.

Finally, contact a construction site accident lawyer in NYC. We can help preserve evidence, guide you through insurance claims, and determine whether a third-party lawsuit may be filed in addition to a workers’ comp claim.

How Can a Construction Accident Attorney Help You?

When you work with an injured construction worker attorney in New York, they can:

  • Investigate the cause of your accident and identify all responsible parties
  • Navigate New York’s complex labor laws
  • Coordinate workers’ compensation claims alongside personal injury lawsuits when applicable
  • Communicate with insurers and opposing counsel on your behalf
  • Handle insurance company negotiations. Our attorneys act as your advocate, countering their tactics with detailed demand packages and assertive negotiations to secure a fair and reasonable settlement or verdict.

Clients can expect clear guidance on complex legal matters, honest evaluations of case strengths, and regular updates, facilitating informed decisions throughout every stage of the legal process.

Why Choose Friedman, Levy, Goldfarb, Green & Bagley, P.C.? 

NYC Personal Injury Attorney, Charles E. Green

Charles E. Green

Charles E. Green is the managing partner at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

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NYC Injury Attorney, Robert Levy

Robert Levy

Robert Levy, is the senior partner of Friedman, Levy, Goldfarb, Green & Bagley, P.C. with  four decades experience.

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Ira H. Goldfarb

Ira H. Goldfarb is the senior partner and trial attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

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Nicolas Bagley

Nicolas Bagley is a partner and trial attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

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Meet Our Full Team of Attorneys

Construction litigation is fact-intensive, expert-driven, and adversarial. Our team is built to handle complex injury cases from intake through verdict:

  • Over 50 years of litigation experience in NYC trial courts
  • Deep familiarity with NY Labor Law and Industrial Code provisions
  • A robust network of field experts: safety engineers, accident reconstructionists, vocational economists, and medical specialists
  • Willingness to try cases when defendants refuse to pay full value

Opposing counsel knows our attorneys are trial-ready and determined to pursue the full value of each claim rather than accept undervalued settlements. We are prepared to leverage our significant resources and experience in every case and fight for the rights of our clients.

Contact Us: We’re Here to Help  

A construction accident lawyer in New York can ensure you understand your legal rights after a construction accident and help you pursue fair and just compensation for your losses and damages. The attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have extensive experience handling construction accident claims and a proven record of success standing up for the injured. Contact us today to arrange your free and confidential legal consultation. 

Legally Reviewed by

Charles E. Green – Managing Partner

Charles E. Green is the managing partner at Friedman, Levy, Goldfarb, Green & Bagley, P.C. He has decades of experience handling serious injury cases across New York. His reported decisions and major verdicts reflect strong courtroom skill and legal impact. Mr. Green oversees every case with careful preparation and close client attention. He negotiates effectively against insurers and defense counsel. His work has recovered millions for injured New Yorkers. Clients trust his proven results and dedication always.

Our Office

380 Lexington Ave, 29th Fl, New York, NY 10168
P: 212-307-5800
E: info@friedmanlevy.com

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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Contact Us Today and Maximize Your Compensation

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.

I had a great experience with this firm.
“My attorney, Nick Bagley, was so well thought out. He had exceptional attention to detail and a tremendous ability to explain everything so that a novice like me could understand everything that was going on.”
Helena S.
★★★★★

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.