Can I Sue If My Child Was Injured at a New York City Public School?

Getting your child enrolled in a public school in New York is often a necessity. But what happens when the inevitable strikes? What would you do if your child was injured at school? Sometimes, what often follows after receiving a call about your child being injured is panic.

Every parent's worst nightmare is getting a call from their child's school informing them that their child has been injured. While we expect our children to be safe and well-cared for when they are in the care of their school, unfortunately, accidents and incidents do happen. If your child has been injured at a New York City public school, it can be a traumatic and overwhelming experience.

Though that is a valid emotion at the moment, your best line of action would be to get sound legal counsel as soon as possible.

Your child may not have sustained any physical injury but rather emotionally and mentally. You’re expected to act fast since there’s often a time limit. A person injured in New York has at least three years to file a complaint.

However, a different time frame comes when a city agency is involved, such as the New York Department of Education (DOE). In that case, you have nothing less than three months to file a complaint.

Premises liability

If by any means you injure yourself on someone else's property, that person is responsible for your injuries. In a school setting, however, the same applies, except it wasn’t an act of negligence by the school authority.

The school must provide a safe environment and ensure that all its buildings are well maintained. If there is a piece of broken equipment or perhaps, a slippery roof, the school is to be held liable for any damages or injuries.

Bullies

The fact is that kids will always be kids, and thus roughness is always inevitable. Nevertheless, the school staff should be present to maintain order and break up any fights before things get bad.

Also, the staff is to be properly screened to ensure that dangerous adults are not put in charge of children. If there’s ever a case where the harm is coming from staff, the school most likely would be held liable.

When is the school not liable?

The school might be held liable for anything that happens to your child on school property. But the case isn't the same if your child walks to school and is hit by a car. The school will not be held liable, but rather the driver.

When your child is injured at school, your best line of action is to get in touch with an experienced personal injury attorney. They will be in the right position to give you sound legal counsel that you can work with.

Their knowledge of the legal system will benefit you, and they will help you get full compensation for any damage, injury, pain, or suffering your child may have suffered.

If that is the case, contact us by calling or filling out our contact form to book a free appointment.

Slip & Fall Accidents- The Difference between Negligence And Carelessness

Slip and fall accidents are a prevalent cause of personal injury lawsuits in the United States. Despite often being perceived as minor incidents, they can result in severe injuries that require medical treatment and cause significant financial burdens. Such accidents occurring on someone else's property often lead to legal disputes over who is liable for the injury.

In such cases, the property owner or occupier's legal responsibility hinges on whether they acted negligently or carelessly. It is essential for personal injury victims to comprehend the distinction between negligence and carelessness, as the right terminology can significantly impact the outcome of a case.

Negligence Versus Carelessness

The distinction between these two words actually depends in which party of the claim you are talking about. Does it matter if the defendant was careless when creating the circumstances under which the accident occurred? No, it really does not. Whether the slip and fall accident conditions were created on purpose or by accident, the property owner could still be liable.

However, if the plaintiff was careless when the accident occurred, then that could change everything. For there to be a slip and fall claim, it must be shown that the conditions of the accident were created by the defendant. But if the plaintiff takes careless actions that result in them slipping and falling, then there might not be a personal injury claim at all.

What Is Negligence?

Simply put, negligence is any action taken or not taken that results in injury to another party. There can be negligence without intent, which is often confusing to defendants. For example, if a store owner is told that there is a dangerous spill on their sales floor, then it is the responsibility of the owner to have the spill taken care of as quickly as possible. If the spill sits for a while and someone slips and falls, then the store owner is most likely negligent.

But if the owner is never told about the spill and someone slips and falls, then the owner could still be negligent for the injuries despite the fact that they did not know about the spill. Property owners are responsible for the condition of their properties, and any building open to the public must be closely monitored for user safety. The store owner is unintentionally negligent by not keeping an eye on their property and noticing the spill in a reasonable amount of time. Unfortunately, being unintentionally negligent is often insufficient to get you out of a slip and fall claim.

How Does Carelessness Affect A Slip And Fall Case?

 

A careless property owner who does not properly maintain their property is almost asking for a slip and fall claim. A careless business patron who does not pay attention to what they are doing is on the path to becoming injured without compensation. Carelessness on the part of the plaintiff is often more of an issue in a slip and fall case than carelessness on the defendant's part.

When people are using public property or visiting a private home, it is always prudent to be careful where they step and be mindful of any warning signs that are posted. A negligent property owner neglects to put up those warning signs or take the necessary steps to make their property safe. In the end, the combination of negligence and carelessness in any slip and fall case can be devastating to both sides.

The Differences between Slip and fall and Trip and Fall Accidents

Slip and fall accidents and trip and fall accidents are common types of personal injury incidents that can occur in a range of settings. Although they may seem similar, there are significant differences between the two types of accidents. Understanding these differences is important, as it can help determine who is at fault and the extent of liability.

A slip and fall accident is not a trip and fall accident. The conditions surrounding each accident are different, and so are the results. Physically, each type of accident has its own repercussions and the effects of each type of accident could change a person's life. But what about the legal ramifications? Is there a legal difference between a slip and fall accident and a trip and fall accident?

Slip And Fall

In general, a slip and fall accident occurs when a foreign substance has been added to a walking surface creating a slippery area. The substance could be added accidentally or intentionally by a human being, or it could be weather related. If it is weather related, then the property owner must remove the slip and fall hazard in a reasonable about of time. The most common types of injuries associated with slip and fall accidents are:

Trip And Fall

A trip and fall accident occurs when a person's normal walking or running motion is suddenly stopped by an unexpected obstacle. In some cases, the victim simply did not pay attention to their surroundings or warning signs and tripped. In other cases, the obstacle was recently placed in that spot, accidentally or intentionally, by someone. The most common injuries associated with a trip and fall accident are:

Does Civil Law Differentiate Between The Two?

 

When you bring a slip and fall case to a civil court, it could also be a trip and fall case. In the civil courts around the country, there is no differentiation made between tripping or slipping and falling. According to the law, a property owner is responsible for removing any impediment to the safe walking or running of its customers within a reasonable amount of time. Property owners are also responsible for putting up signs in dangerous areas and making property repairs to avoid potential incidents.

At the same time, customers or anyone who uses a property is also required to use common sense when walking through an area. If the area is restricted to public traffic and is posted as such, then people who are not invited to the property should not walk on it. If there are clear markings regarding dangerous parts of a property, then those markings should be heeded. Also, even if a surface looks dangerous to walk on, it could be that the property owner has not had a reasonable amount of time to address it yet. People should walk carefully on areas that they know are potentially dangerous.

A slip and fall accident is just as painful as a trip and fall accident. The damage sustained from either type of accident could create long-term damage that will require ongoing treatment. In most cases, your trip and fall accident will be claimed as a slip and fall to the courts. Either way, you should contact an attorney if you are the victim of a slip and fall or trip and fall accident on another owner's property.

Punitive and Compensatory Damages

If someone suffers harm due to the actions of another, they may have legal recourse through a personal injury lawsuit. Typically, a personal injury lawsuit involves seeking monetary compensation and may also include a request for punitive damages. The amount awarded for either type of damages will depend on the severity of the injury and its impact on the plaintiff's life. When negotiations with the accused party prove fruitless, it's time to consider initiating a lawsuit. It's important to start the claim process immediately after the event. A personal injury lawsuit aims to help the injured party recover expenses incurred due to an accident caused by the negligence or intentional wrongdoing of an organization, company, or individual.

Punitive Damages

Punitive Damages are in place to punish the wrong doer (the accused). Punitive damages are awarded in conjunction with a compensation indemnity rather than a stand-alone claim. They, for the sake of amount of the award, are linked to the compensatory amount.  The damages for punishment can be calculated based on precedent (statute) set in previous court cases of a similar nature.  Depending on the judge and individual circumstances, these amounts can surpass the compensatory damages by up to four times the claim. The monies are granted to the claimant as part of the damages and classified as a punishment. The sum of the punitive damages is also in place as a further deterrent to the company or person who is faulted with the accident. The defendant must be proven to have acted with extreme negligence, committed a blatant or intentional error, caused severe injury, or that the actions/circumstances showed malicious intent. Punitive damages, in other words are not to be considered guaranteed in the case of a victory, but rather understood to be premium as a part of the judges verdict.

 

Compensation Damages consist of a number of factors, but are essentially a calculation of costs of real loses that came about as a result of an injury. It is critical to keep track of expenses, take photos at the site of injury, write a diary (events following the incident), maintain good records and follow medical and legal advice. All points that have to do with your injury and circumstances are important, even in the smallest detail. This is an area where experts in Personal Injury Litigation and Negotiation are able to receive the highest compensation from the offender for their client.

This list is comprised of 8 areas with examples that require documentation in order to build the compensation claim.

  1. Loss of personal property - in the incidence of a fall; crushing prescription eye glasses and cracking the face of a watch.
  2. Property maintenance - in the event the victim is unable to perform regular household tasks and must hire outside help.
  3. Loss of income - inability to work for an undetermined amount of time. This portion is based on regular, documented income.
  4. Pain and suffering - self-explanatory, but must be well documented. This is where a diary would be used as evidence, as well as a memory tool.
  5. Medical treatment - e.g. all doctor's visits, bandages, medications, x-rays. Receipts required.
  6. Future losses - this will come into effect should someone be attending school, up for a promotion or generally geared toward higher earnings at a future date. While it can be a bit tricky to prove, it can be explored and well presented by an experienced personal injury attorney.
  7. Emotional distress/stresses - often depression accompanies physical ailments. Is there a need for therapeutic counseling?  This would also be apparent in a journal (diary).
  8. Rehabilitation - recovery from the injury, either from home or hospice that may include physio-therapy, psycho- therapy or personal care.

 

Essential Elements Of Dog Bite Lawsuits

Dog bites can be traumatic experiences that leave lasting physical and emotional scars. While dogs are often considered man's best friend, even the friendliest of dogs can become aggressive and bite. If you've been bitten by a dog, you may be entitled to compensation through a dog bite lawsuit. However, the legal process of pursuing a dog bite claim can be complex, and it's essential to understand the essential elements of these lawsuits.

When a dog gets loose in a neighborhood and bites people, the owner of that dog is responsible for any damage. In some states, the owner could have their liability reduced if they can prove that the dog was provoked in some way. But even if the dog was provoked, the primary concern in any dog bite lawsuit was the owner's negligence in allowing the dog out of its enclosed area in the first place.

Each dog bite case is different and the compensation a victim could receive from the dog's owner depends on several factors. The laws in each state are slightly different regarding dog attacks, and the severity of the attack also plays a role in the final award.

There are some basic elements of a dog bite lawsuit that can work in favor of the victim and help to secure a larger settlement.

Where Does The Money Come From?

In most dog bite cases, the settlement is paid by the owner's homeowner's or renter's insurance. If there is no insurance, then the owner may be forced to pay the settlement from their own resources. Keep in mind that if there is no insurance and your settlement is a large one, then it may take time to get the owner to pay the full amount.

The Dog's Previous History

If the dog that bit you has a documented history of biting others, then the chances that you will win your personal injury lawsuit are higher. This also applies to dogs that have a known history of being aggressive towards people, or dogs that are known to have belligerent behavior.

The Dog's Location

If you are trespassing on someone's property and their dog bites you, then it is going to be difficult for you to win your personal injury lawsuit. However, if the dog is outside their normal confines and not on a leash, the owner will be liable for two things. The owner will be liable for your injuries, and the owner will be liable for breaking any local leash laws.

An Owner's Promise

It should be noted that a dog in its confines on the owner's property is not always excused for its actions. If the owner promises a guest that their dog will not bite, then that guest would have a legitimate personal injury lawsuit if the dog does bite. This is also true if the owner is walking their dog on a leash and the dog bites someone who asks to pet it. This is why it is always smart for dog owners to not allow strangers to pet their dogs while taking their dogs for a walk.

A victim's ability to get properly compensated for losses due to a dog attack varies based on their state's laws. When a dog is properly confinded on its owner's property, the owner is normally protected from any negligence if the dog bites an intruder. But there are plenty of instances where a dog attack could become a serious legal issue for the owner. Dog owners need to make sure their pets are properly confined at all times, and they should also think twice before allowing a stranger to pet their dog.

Injured During a Robbery at Work: Are You Eligible for Worker’s Comp?

Injured During a Robbery at Work- Are You Eligible for Worker’s Comp?It is common knowledge that if you get hurt while you are on the clock at work that the employer’s workman’s compensation insurance should kick in and cover the doctor’s bills and disability payments to the employee. However, what happens when you are injured while a crime such as robbery takes place while you are at work? Should you be covered under workman’s compensation insurance? Who pays the bills for your injury? Will you be compensated for time lost from work? Should you contact an attorney?

Injuries at the workplace can occur in a variety of situations, including during a criminal act such as a robbery. It can be a traumatic experience to be injured during a robbery at work, and you may be wondering if you are eligible for worker's compensation benefits. This blog will explore the legal options available to employees who have been injured during a robbery at work and how to navigate the worker's compensation system to obtain the benefits that you are entitled to.

That’s a lot of questions up in the air that most employers do not want to address. For example, a young man works at a local cell phone retailer. He’s behind his desk, when three men walk into the store and one points a gun at him. The thief bashes him in the head with the butt of the gun and forces him to the floor. He tries to fight back, but soon realizes they are serious and the possibility of being shot sets in. He cooperates. The robber continues to beat him in the head and kick him, while the other two thieves get the manager to open the safe and take all the cash and phones that are there. The robbers leave, but the young man that was beaten, is in rough shape, but manages to speak with the police when they arrive on the scene. He ends up in the emergency room and the doctors put six staples in his head, and send him home. He is still expected to return to work the next day, and upon doing so, learns that the security cameras in the store were not working and so they have little to go on to catch the criminals.

About three weeks pass, and the young man receives bills from the ambulance company, the emergency room, and the radiologist. He is still shaken by the incident and it has affected his sales, and his numbers have been dropping. The company begins to cut his hours, and appears to be treating him as though he is a liability, instead of a valued employee that was trying to protect their assets during a crime.

Should they company’s workman’s compensation pay his bills? Workers' compensation is in place to provide monetary help to those injured in accidents related to employment, this includes victims of crime. As they heal and recover physically and mentally, they should receive compensation; not only to help with monthly living expenses, but any medical costs associated with the injury. In addition, depending on the case they may eligible for additional benefits.

Filing for workers' compensation can be a complicated process especially in situations like this. It is best to hire a personal injury attorney as soon as possible to handle all the details. An attorney knows what victim’s rights are under the law and can aid in getting the proper care and compensation you deserve. It is also important that you write down all the details of the crime as soon as possible after. Keep all receipts and get a copy of the police, ambulance, and hospital reports and records.This way the attorney has all the facts and can fight for you. An experienced personal injury lawyer will insure you get what you need.

Hot to Prevent Dog Bites

While dogs are beloved pets and companions for many people, it's important to recognize that they can pose a serious safety risk if they bite. Unfortunately, dog bites are a common occurrence, and many incidents could have been avoided with the proper precautions and knowledge. Whether you're a dog owner or simply enjoy spending time around dogs, it's crucial to understand how to prevent bites and keep both yourself and the animals safe.

In this blog post, we'll explore practical tips and strategies for preventing dog bites and creating a safer environment for you and your furry friends.

Learn the Signs

Let us start by looking at the psychological behaviors of a dog that is ready to bite. Dogs play a lot with familiar people but when you observe a dog growling at you, take a cue from such an attack.

Also, when a dog tries to increase its size superficially, that is a red flag - it may bite. A dog hiding its tail between its thighs and tilting backward while maintaining eye contact is threatened and can attack at any time.

Whenever you notice any of the above signals from a dog, the danger is looming, and the best reaction will be to maintain a calm gait around such a dog while avoiding eye contact.

Avoid Dogs’ Sensitive Parts

When playing with dogs, avoid touching sensitive parts such as the tail, the inside of their mouths, or their genitals. Playing with the organs mentioned above will attract spontaneous punishment by biting.

Avoid Patting Strange Dogs

Unless a strange dog overwhelmingly indicates that it is interested in playing with you through excessive grooming, do not pat it.

Stay Calm around Aggressive Dogs

When you come across a strange dog already acting aggressively towards you, charging towards you, it is easily discernible that it will bite. What should you do in that situation? Running for one's safety is the first option that comes to mind, but that is not the best option.

The best option is staying calm while avoiding eye contact. While the dog continues to bark and charge towards you, stay calm without making your gazes meet. When it observes your calmness, it calms down and loses interest in you.

Avoid Attacking Dogs

Doing so spontaneously turns on a dog's aggressive mode. The consequence of this is a wild chase with severe biting.

But in a situation where a dog bites you as a result of the owner’s negligence, you have every right to get in touch with us. Go ahead and give us a call, or perhaps fill our contact form.

6 Ways to avoid becoming overwhelmed by stress after a personal injury

staten island lawyer

Experiencing a personal injury can be a life-altering event that can leave you feeling overwhelmed and stressed. The physical and emotional effects of an injury can be challenging to navigate, and managing stress levels is essential to aid in your recovery. In this blog post, we will discuss six ways to avoid becoming overwhelmed by stress after a personal injury. From seeking medical attention to practicing relaxation techniques and seeking social support, these strategies can help you manage stress and promote healing after an injury. So, whether you're recovering from a minor or major injury, keep reading for tips on how to manage stress levels and take steps towards a full and healthy recovery.

- Always go to the hospital after a personal injury. Get medical attention as soon as possible, whether you are in a motor vehicle accident, injured at work or bitten by the neighbor’s vicious dog. You do not know if you have internal injuries or if injuries that appear minor are actually very serious. Only medical professionals can determine the extent of your injuries. Knowing the extent of your injuries will give you some sense of relief and you will not be left wondering if you have injuries you are not aware of because you failed to seek medical attention. You also need to prove that you did indeed sustain injuries when you go to court.

- Keep all records and documentation in an easily accessible place. It is stressful when someone wants something right now and you cannot put your hands on it. Your insurance company may call and want information over the phone. Your primary care physician may refer you to a specialist who needs information about your diagnosis and your medical insurance information. As the case progresses you are usually asked to provide additional information. Keep every receipt and report in one place. Ask for copies of all medical reports from every doctor you see. Keep your pay stubs and other proof of lost wages as well.

- Keep a legal pad or notebook just for documentation related to your personal injury case near the phone. Document every call from every person that has any bearing on your personal injury case. Include the person’s name, what company, agency or office the person is from, the date, time and exact nature of the call. This will make it easier for you to relay information to your personal injury lawyer. You will have facts and will not have to try worry about what day or time someone called or what was said. This will help you avoid more stress related to your case.

- Do not talk to anyone negotiating for the other party or do anything that your personal injury attorney advises against. The attorney for the responsible party or a representative from the at-fault party’s insurance may call and try to pressure you into not filing a case. They may attempt to convince you that there is no case and may resort to bullying tactics. Refer any such caller directly to your attorney. Do not allow anyone to bully you or stress you out even more. You are the victim and did nothing wrong.

- Keep all appointments related to your personal injury claim. Avoid the stress and guilt of not completely complying with all medical and legal appointments.

- Let your Staten Island personal injury attorney do the fighting for you. Trust your attorney to handle everything related to your claim, from start to finish. When you let your Staten Island personal injury lawyer handle all the details, you are less likely to be stressed and can focus on recovering from your personal injury.

Can I Collect For Emotional Damages?

When an accident or traumatic event occurs, it can have a profound impact on a person's emotional and mental well-being. Emotional damages, which are also referred to as non-economic damages, are designed to compensate individuals for the emotional pain and suffering they experience as a result of an incident. However, the rules and regulations surrounding emotional damages can be complex and vary depending on the jurisdiction and the specifics of the case.

In New York, accidents occur frequently on the roads, causing emotional trauma to the victims. Emotional distress is classified under pain and suffering, and it is considered a non-economic damage since it cannot be quantified in monetary terms. Victims of accidents are often required to visit professional therapists to deal with the emotional damage in addition to the physical injuries they may have sustained.

To qualify for compensation for emotional distress, the victim must prove that they have experienced or are still experiencing emotional trauma as a result of the accident. Some of the types of accidents that can cause emotional damage include car accidents, plane crashes, work accidents, wrongful deaths, and dog bites or attacks. If you have experienced emotional distress due to an accident or traumatic event, keep reading to learn more about your legal options.

However, the victim must prove that they experienced or are perhaps, still experiencing emotional distress due to the accident and therefore qualifies for compensation. Some of the types of accidents that could cause emotional damage include:

Getting ready for a lawsuit

After being involved in an accident, victims often find their life takes a different turn. But, most commonly, they have experienced such an impact before, resulting in a new kind of fear that might affect their daily lives.

To qualify for compensation, you will have to provide evidence that the accident caused you to suffer from mental anguish. In addition, you need convincing evidence for the judge and jury, which is why it’s necessary to work with a professional personal injury attorney.

Proving Emotional Damage

When working with a personal injury lawyer here in New York, you will discover that the process is a bit easier. While each case is different, the following points can be used as evidence:

Also, note that the severity of your emotional distress matters and will ensure you get full compensation for the ordeal you suffered. Your attorney will help you prove your condition without throwing out your case. 

A few states in the US have laws limiting how much can be paid for non-economic damage. So the amount you get as compensation is often subject to a statutory cap, depending on the severity of your condition.

For instance, fear of driving might emerge after an accident, agoraphobia after an assault, and depression. Conditions such as this will impact the amount of compensation you’ll receive. 

Hire a personal injury attorney

 

If you must get total compensation for the emotional damage you suffered, your best chance will be to work with a professional attorney with vast experience with cases like this. That way, your attorney will represent you every step of the way.

In that case, feel free to get in touch, and we’ll make sure you get compensated for the emotional trauma you suffered. Call or fill out our contact form to book an appointment.

 

Who Is Liable For A Swimming Pool Accident in New York?

During the hot summer months, swimming pools are often a popular spot for relaxation and fun. However, if proper safety precautions are not taken, this enjoyable activity can quickly turn into a dangerous situation. Injuries and accidents can happen when pool safety is overlooked. In New York, determining liability for a swimming pool accident can be complicated, and several legal principles may apply, including negligence, premises liability, and the attractive nuisance doctrine.

If you or a loved one has been injured in a pool accident, you may be wondering who is responsible. In most cases, the pool owner can be held liable. However, depending on the specific circumstances, another party may also be held responsible for negligence.

Before delving into liability issues, it's important to understand the common causes of swimming pool accidents. By being aware of the risks, you can take steps to prevent accidents and injuries from occurring.

Common Causes of swimming pool accident

A lot of things can lead to a pool accident, and oftentimes, they give a clue on who is liable for the accident. These causes may include:

  1. Poor maintained pool
  2. Intoxication
  3. Failure to supervise
  4. Poor lighting
  5. Debris in the area
  6. Improper depth markers

If the pool is not properly maintained and cleaned, swimmers will be prone to various bacteria illnesses and infections, especially if the pool is not cleaned and treated with the appropriate chemicals.

Who is liable?

Typically, many swimming pool accidents come with the premises liability. What that means is that the owner or perhaps the public entity exercising control over the pool is charged with keeping the pool safe for swimmers.

If there is an accident as a result of the owner's inability to keep the pool safe, they will be liable for any damage or loss that might result from such an accident. On the other hand, many injuries can be prevented when adequate safety measures are in place.

Pool accidents can also fall under product liability, in which the manufacturer is held responsible for an unsafe product. The accident may have been a result of a design flaw, or perhaps other defects such as a malfunctioning suction drain, or a faulty diving board.

It is the duty of the manufacturer to ensure that their products are safe and free from designs flaws. When that isn't the case, a lawsuit may be brought to the company that manufactured it.

Hire a personal injury lawyer

If you or someone you know was hurt in a pool accident, your first line of action is to seek immediate medical attention. While at that, get in touch with a personal injury attorney in New York for expert guidance and representation.

Your attorney will ensure you get compensated for all the pain, suffering, and loss of wages that you may have incurred as a result of the pool accident. We have been doing this for decades, and we understand what it takes to get you fully compensated.

Go ahead and give us a call or fill out our contact form to book an appointment.