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’ve slipped and fallen on an icy sidewalk in areas like Midtown Manhattan, Fordham in the Bronx, Downtown Brooklyn, or Astoria in Queens, 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!

Take Action Immediately After Your Fall

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. 

If you’ve been hurt in a fall on an icy sidewalk in anywhere in NYC, follow these steps:

  • Seek Medical Attention First
    Your health is the top priority. Whether you hit your head or braced your fall with your wrists, even minor injuries can become serious. See a doctor, document swelling or bruising, and follow their care plan. Prompt medical records support your claim.
  • Document the Scene
    Take photos of the icy conditions, uncleared snow, or slush. In neighborhoods like Bay Ridge or East New York, black ice is especially dangerous. If you’re unable to take photos, ask bystanders or passersby to help you capture evidence and share their contact info.
  • Report the Incident
    If your fall happened on public property, like outside a subway entrance or in a municipal parking lot, notify the appropriate agency. Creating a written report strengthens your legal case.

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.  

The Legal Process Of Filing A Car Accident Claim In New York

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

If you’ve been in a car accident in New York, know how to protect your rights. Always report the accident and seek medical attention. Contact your insurance company and file a notice of claim within 30 days. However, do not give them a statement until you’ve spoken to a lawyer.  

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our team of trusted car accident lawyers in New York City is prepared to leverage our substantial resources and experience to fight for your right to recover compensation after a car accident for your losses and damages. Contact us today for a free consultation. We’re happy to assess your case and answer your questions.  

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

File a Report 

After an accident, be sure to call the police so there will be an official record of your accident. Insurers can’t review your claim or pay a reasonable settlement without this. Further, New York requires accident victims to file a report if total property damage exceeds $1,000 or if there are personal injuries or a fatality. These rules apply even if you are the only one involved in the accident.  

New York is a “No Fault” State: What Does That Mean? 

New York is a “no-fault” state, leaving drivers reliant on their insurance policies to recover for medical expenses, lost wages, and property damage. So, if you were hurt in a crash, you can seek compensation through your personal injury protection (PIP) insurance policy–no matter who was at fault—but only up to policy limits.  

While these benefits are helpful, they rarely cover the losses in a severe collision. For example, you could sue the other driver if they caused the accident and you sustain a serious injury, e.g., a bone fracture or disfigurement. An attorney could further advise you on maximizing your car accident compensation in New York.  

File a Notice of Claim 

Within 30 days of your accident, you will need to file a Notice of Claim with your insurance provider. This document formally notifies the insurer that you intend to file a claim and seek benefits under your policy. While some exceptions allow late filing, it is always in your best interest to avoid delays when possible. Providing notice of a pending insurance claim is one thing. You must also provide supporting documents, e.g., proof of your losses, including your medical bills.  

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

One of the primary benefits of going through the no-fault system is that insurance companies are required by law to act quickly. You should receive either full reimbursement for your losses or notice that the insurer is disputing your claim within 30 days of filing it.  

Schedule a Free Consultation With An Experienced Car Accident Lawyer 

It’s always wise to speak to an attorney following a car accident. We are ready to help you understand the process of filing a car accident claim in New York. Schedule 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 compensation. 

Top 3 Factors Influencing Car Accident Settlements 

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

Because no two motor vehicle accidents are exactly alike, it’s essential to understand the factors that can influence a car accident settlement. One of the most crucial is whether or not the at-fault party has adequate insurance coverage. If they are underinsured or driving without insurance, it can be challenging to recover for your damages and losses, especially if you have sustained serious injuries.  

In all cases, it’s best to seek legal counsel. At Friedman, Levy, Goldfarb, Green & Bagley, if you’ve been hurt due to the negligence of another party, we are prepared to leverage our considerable resources and experience to fight for your right to a fair and reasonable damages award. If you have questions about car accident settlement and compensation, our team is ready to help. 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 deserve.  

Turn Your Car Accident into a Step Towards Justice. Contact Us Today!

1. Insurance plays a crucial role in car accident settlements 

As noted above, the existence of liability insurance coverage could dramatically impact the value of a settlement. If the other driver has ample coverage and your case for negligence is strong, you may be able to recover an award that pays for all of your losses. If the at-fault driver has a low policy limit or lacks insurance, getting the full value of your claim could be more challenging. However, New York has “no-fault” insurance rules. You’ll be required to recover benefits from your car insurance policy first, regardless of who caused your accident. It will reimburse you for medical expenses and wages up to policy limits.  

2. The severity of your injuries is another important consideration for car accident settlements 

In most cases, severe injuries such as traumatic brain injury, disfigurement, or permanent scarring often result in a larger settlement. The victim will likely be unable to work for an extended period of time and thus cannot provide for themselves or their families. In addition, they often suffer from chronic pain, depression, and other symptoms of trauma.  

If your injuries are serious, as defined by state law, you have an opportunity to step outside of the no-fault system and pursue legal action against the responsible party. You could be eligible to recover for economic damages, i.e., medical expenses, lost wages, and non-economic damages, such as pain and suffering.  

Our experienced car accident lawyers in New York City could help you pursue the compensation you deserve.  

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

3. Be wary of the statements you make after an accident 

Avoid apologizing, even if it’s a general statement such as I’m so sorry this happened; this may be used against you when determining fault. If you are asked to make a statement to the police or your medical provider, state only the facts as you can remember them without admitting fault or assigning blame to the other party. Finally, it is not in your best interests to provide an insurance claims adjuster with a written or recorded statement without first speaking to an attorney.  

Contact Friedman, Levy, Goldfarb, Green & Bagley for a free consultation 

There is no question that your choice of lawyer can significantly impact your car accident case. Our firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation. We have won millions of dollars in awards for injured clients to cover medical bills, lost wages, pain, suffering, and rehabilitative care. Contact us today for a free consultation. We will be happy to advise you of your right and opportunity to recover compensation for your losses.  

Window Guards & Protecting Your Children: Everything You Need to Know

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

If you have a child under the age of 10 living with you in a building with three or more apartments, New York City law requires all building owners to install window guards. 

There has been a recent epidemic of accidents involving children falling from windows and sustaining severe and sometimes fatal injuries. These tragedies are fully preventable. Owners of buildings with three or more apartments are required by NYC Administrative Code §27-2043.1 to install window guards. Those who do not comply with this law risk receiving a violation subject to fines, and a heartbreaking accident on their hands.  

What Type Of Windows Require Guards?

Windows of all types, including screened windows, must have a window guard, except those

  • leading to fire escapes
  • serving as secondary exit windows in first-floor apartments, and
  • windows in which air conditioner units are permanently installed

Building owners are further required to install and maintain NYC Health Department approved window guards in public hallways and other building common areas where children age 10 or younger reside.  

What Are Building Owners Required By Law To Provide To Their Tenants?

Building owners are required to send an Annual Notice to residents, inquiring whether children age 10 or younger live in the apartment. Individuals without children under the age of 10 are also entitled to request window guards for any reason. The Annual Notice is to be sent to residents in January of each year. With each new lease, building owners must inquire whether children live in the apartment by providing a Lease Notice to Tenant or Occupant.  

Who Is Responsible For The Cost Of Window Guards?

Building owners are required to purchase all window guards for common areas. Owners are permitted to charge a one-time fee per guard but cannot charge for those previously installed in the apartment. Further, window guard charges should not be included in the base rental price and cannot exceed $10 per window guard for rent-controlled or rent-stabilized apartments.  

What Should You Do If You Feel That Your Apartment Windows Are Unsafe For Your Child?

You can call 311 or file an online complaint to report any unguarded windows. In the event a child under the age of 16 falls from your apartment window, it is important to act quickly. Call 911 immediately and get the child all necessary medical care. All falls must be reported to the NYC Health Department within 24 hours of the incident. The premises liability attorneys at Friedman, Levy, Goldfarb & Green are here to support you through these tragedies, provide the legal expertise to establish liability, hold responsible parties accountable, and hopefully, to prevent future falls. Contact us for a free consultation to discuss the specifics of your case. 

AC Units and Window Falls: How to Keep Your Kids Safe This Summer 

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

New York City is facing an epidemic of children falling from windows. As of July 2023, at least six children have fallen from windows in the New York City area already this year. In April, two children fell from unguarded windows in unrelated incidents that occurred on the same day. Most recently, a 4-year-old child died after he fell from a window in Brooklyn. These falls have resulted in serious injuries and death to young children across the city. Ensuring that window air conditioning units are properly installed can prevent these tragic accidents.  

Responsibilities of the Building Owner

The New York City Department of Health has regulations in place regarding the installation of window air conditioning units. Building owners are required to permanently install window air conditioning units with one-way tamper-resistant screws in apartments where children 10 and under live. The AC unit must be permanently and securely bolted to the window frame and leave no open space greater than 4.5 inches. It is recommended that secure, rigid metal panels be placed on either side of an AC unit instead of, or in addition to, accordion vinyl panels. Metal panels must be able to withstand 150 pounds of pressure without bending or breaking.   

Tenant Responsibilities 

Tenants are responsible for informing building owners of children 10 and younger living in an apartment. Tenants must also complete the annual notice provided by landlords. The annual notice asks whether children 10 and younger live in a dwelling, or if window guards are requested for any reason.  

Safety Tips 

Once window guards or stopping devices are installed, do not alter or remove them. Likewise, do not leave children unsupervised in rooms with windows that lack such safety measures. To file a complaint regarding a building owner, tenants can call 311 and report violations to the New York City Department of Housing Preservation and Development.  

Has Your Loved One Been Injured in a Window Fall? We Can Help. 

The experienced premises liability lawyers at Friedman, Levy, Goldfarb & Green handle cases from New York City and the surrounding metro area. We have the resources and expertise to get you the compensation you deserve. You owe nothing unless we recover damages on your behalf.  Contact us for a free consultation.