4 Reasons To Use A Local Law Firm For Your Personal Injury Claim

Facing a personal injury claim can be tough, especially when you're still trying to heal from an accident. In this hard time, having a personal injury lawyer in Staten Island on your side can help a lot. Here are four reasons why choosing a local lawyer can make things easier.

1. They Know the Local Courts Inside Out

The first reason is that a local lawyer knows the Staten Island court system very well. Every court has its own way of doing things and a local lawyer knows these details. Here's how this knowledge can help your case:

All these can make your legal journey smoother and may help improve your claim's results.

2. They Understand Local and State Laws

The second reason is that a personal injury lawyer in Staten Island will know the laws of Staten Island and New York state. While the basic laws are the same everywhere, there might be some local differences. A local lawyer can handle these differences:

This knowledge can be very useful in planning a strong legal approach.

3. A Personal Injury Lawyer in Staten Island Speaks Your Language

The third good reason to hire a Staten Island personal injury lawyer is that they're close and easy to reach:

All these can help you feel more involved in your case.

4. They Care About The Local Staten Island Community

Lastly, a personal injury lawyer in Staten Island cares about the local community. They know that how they handle each case affects how the community sees them. This feeling of responsibility can push them to work hard on your case. They also want to help make the community better. This can make them work harder to get the best possible results for their clients.

In short, picking a personal injury lawyer in Staten Island has many benefits, from knowing the local courts and laws to easy communication and caring about the community. These can make a big difference in how your personal injury claim is handled and can help you get the best possible results.

My Photo Is Used Without My Permission; Can I Sue?

My Photo Is Used Without My Permission; Can I Sue?

Imagine you're comfortably sitting on your chair, browsing the internet or reading a magazine when suddenly you come across a photo of yourself. The catch? You never authorized anyone to use your image, and you didn't post it on that website. It's frustrating to discover that someone has used your photo without your permission. But don't worry, there are ways to protect your rights.

In this day and age, sharing photos on social media has become the norm, but it also comes with concerns about privacy and the unauthorized use of personal images.

If you're in a situation where your photo has been used without your consent, it's important to know your options to safeguard your rights. So, what can you do to protect yourself?

Appropriation of Likeness

You could bring a lawsuit by accusing the defendant of an invasion of privacy by appropriation of your likeness, a process known as right to publicity. This law allows you to control and profit from the commercial use of your image, name and persona or your identity. Basically, the Staten Island legislation or law prohibits using anyone's image or likeness to sell or even advertise products without his or her consent. However, not all your photographs are infringements. Determine whether you authorized a licensing agency to use your photo or granted a broad license that the authority could easily allow others to use your photo. Then, check whether it was used fairly or not? While only the courts can prudently decide on what is fair use, your personal injury attorney may give you the guideline as to what may qualify.

False Light

If your photo is used to show you in a negative or misleading way, you could sue for false light. False light is an invasion of privacy that is based on injury to the reputation of the victim by negative portrayal. It is similar to slander, libel and defamation. However, you will have to prove that your image was shown to the third party with misleading representation aimed at placing you in a false light that would be offensive, unflattering, or embarrassing to a reasonable person. Make sure you save copies of the photo both in print and electronic form because the defendant may remove the photo without notice when he/she realizes that the infringement is discovered. You will you them as evidence.

Intrusion of Solitude

You will have ground for invasion for solitude if the infringing photo was taken in private places. For instance, if someone took a photo of you in a hotel, rental apartment or while you were in your house. Find out who the infringer is by searching through the website or magazine of the infringer to find the contact address and name. Several websites provide information about contact for owners/administrators of the website.

Send a Desist Letter to the Infringer

Another option is to contact the infringer yourself and request payment for infringement or ask him or her to desist from using your image or photo. You better do this in writing so that you can use that as evidence in a lawsuit.

Hire an Experience Personal Injury Lawyer

 

If you hire an experienced personal injury attorney, the matter is escalated and tensions rise. Sometimes the infringer may be too defensive, but with the weight of an experienced personal injury lawyer the infringer could take the matter more seriously. Besides, proving image infringement may not be easy and require a lawyer to give you the legal counsel in a jurisdiction.

In today's world of on the spot photo posts, rapidly growing internet search tools and computer hackers, it seems as though privacy is lost, but the Staten Island laws still provide various ways you can control the publication and share of your own image without permission. It is up to you to use them!

Can I sue for Massage Injuries?

Picture this: You've been feeling tense and stressed out lately, so you decide to treat yourself to a relaxing massage at a local spa. The lights are dim, the music is soothing, and you're finally starting to unwind - until you feel a sharp pain in your neck. You flinch, and the massage therapist apologizes, but the pain only intensifies. You leave the spa feeling worse than when you arrived, and later learn that you've suffered a serious injury as a result of the massage. Can you sue for massage injuries? The answer is yes - but the process can be complicated.

People normally pay for therapeutic or medical massage treatment to eliminate joint discomfort, back pain and other emotional and physical aches. As with any medical treatment, a massage does not always go as planned, you might aggravate your preexisting injuries or suffer new complications due to the negligence of the massage therapist. So, if it happens, can you sue for damages? Absolutely yes! You can hire a personal injury lawyer to look after your case and get you the compensation you deserve.

In this blog post, we'll explore the legal issues surrounding massage injuries and what you need to know if you're considering taking legal action.

 

What Kind of a Lawsuit?

Suing for a massage, personal injury cases are similar to those of classic medical malpractice cases. If a massage therapist fails to meet the standard of care equal to their expertise, he/she could be at fault for medical malpractice. There are several ways a massage therapist can cause injuries to you, including:

Who Can You Sue?

Although a massage therapist may be directly liable for your message injuries, you may have claim against the operators and owner of the gyms, health spas, hotels and other facilities hosting massage services. Under the vicarious liability theory, employers or business owners can be held liable for the negligence of their employees. Other staff may also be held liable for negligence, and if there was an unsafe condition of the message room, you might bring a claim on premises liability.

 

How to Prove the Liability

However, the liability is established when the action of the massage therapist falls below the level of care established by the professions: negligence. To establish the negligence, you must present the testimony of another massage therapist, indicating what level of care or standard. You will have to represent this testimony of negligence from an expert not only as the standard of care, but also to show that the defendant failed to meet this standard. The testimony must prove that:

Informed Consent

If the therapist failed to obtain your informed consent before starting his or her therapeutic procedures or treatments, it can amount to negligence and may give rise to a cause of action for battery. The specific definition of informed consent in Staten Island essentially means that the massage therapist must tell you all the potential benefits, alternatives and risks involved in any massage therapy procedure. Besides, the therapist must obtain your written consent to proceed.

Hire an Experienced Personal Injury Attorney

There are a few ways to prove massage therapy malpractice. It is therefore important to hire an experienced personal injury lawyer who can prove fault in your case. The attorney will discuss the weaknesses and strength of your case, advise you on how to proceed and even represent during the court hearings.

What should I do if another dog bites my dog?

Dogs, despite being beloved companions, can display unpredictable behavior and even the most well-trained dog can attack or bite another dog. In such instances, the experience can be terrifying for both you and your pet, with concerns not just limited to physical injuries but also emotional and financial implications. The severity of the attack may warrant seeking medical attention for your dog and taking legal action against the owner of the attacking dog. Additionally, when a dog bite occurs, there is a risk of bacterial infection that can lead to further complications and even death if left untreated.

In this blog post, we will discuss what actions you should take when another dog bites your dog and explore the legal options available to you to ensure accountability and protect your pet.

Visit the vet

Before you rain down brimstone for seeing your furry friend hurt, first ensure your dog gets the needed medical attention fast. Get in touch with your veterinary so your four-legged friend wouldn't have to be in pain for long.

Contact Dog Owner

Once your dog is getting medical attention, get in contact with the dog owner and make them an offer. You might need to work with an attorney to help with drafting and legal advice. You have the right to sue if they don’t propose a good offer.

File A Lawsuit

It should be your last resort when the dog owner refuses to cooperate. Your attorney will guide you on every step to ensure you don't make any mistake with the lawsuit.

Exceptions

A Trespasser

A property owner is not responsible if his dog bites another dog whose owner is trespassing or committing a crime on the property.

Law Enforcement Dog

Someone caring for a law enforcement dog is not liable for damages if the dog should bite another dog. The reason is pretty simple since the statue assume that the person does not have exclusive control of the dog at all time.

Abusing, Taunting, Teasing

If you were teasing, abusing, or taunting another dog and it resulted in your dog getting bitten, the owner is not responsible for the dog’s action.

Your claim if another dog bites your dog

When another dog bites your dog, the dog owner owes you dog veterinary care, surgical cost,, and other related expenses. If your dog is merely a companion, this will incur other damages such as training costs and others.

If the dog owner has insurance in place, they can quickly turn to their insurance company for assistance. The insurance company will investigate the claim and determine if the dog owner is legally liable before paying the claim.

Work with an attorney

 

For the best representation and guidance, you must work with an experienced personal injury attorney. Not only will they guide you with their sound legal advice, but they will also help you file a lawsuit if the dog owner becomes uncooperative. Looking for such an attorney? Go ahead and give us a call or perhaps fill out our contact form.

Common Myths About Personal Injury Cases In New York

If you've been injured due to someone else's negligence, you may be entitled to compensation. However, there are many misconceptions about personal injury cases that can prevent you from receiving the compensation you deserve. In this blog post, we'll debunk some of the most common myths surrounding personal injury cases in New York. Whether you've been injured in a car accident, slip and fall, or any other type of incident, it's important to separate fact from fiction when it comes to pursuing a personal injury claim. So let's get started and dispel some of these myths once and for all.

According to the New York State department of health, the number of emergency department visits in New York continues to increase, with over 1.5 million cases in 2014. The CDC also reports over Ninety-seven million cases of emergency department visits across the US.

Despite these staggering figures, myths about personal injury cases are commonly peddled around, creating misconceptions that hinder victims who suffer personal injury from accidents from pursuing their claims.

This article gives you insights into the most common myths about personal injury cases, especially in New York; read on to access this information.

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1. Lawsuits About Personal Injury Cases Take Forever In Court

It is one of the most peddled myths about personal injury cases, wrong information of this sort is rampant on the internet, and unsuspecting victims are deceived from pursuing their claims.

The entire lawsuit process, which includes the paperwork and awaiting the final verdict, is concluded in a short period, usually a few months. A competent attorney will swiftly assemble the necessary facts about the case and forward them to the court to facilitate your compensation in a short time.

2. You must Attend Numerous Hearings

Most victims fear attending court hearings, the stress of leaving work or job, business, family, and other essential things begging for your attention to participate in unlimited court sessions; this is not true.

You are not mandated to attend all the hearings. However, you will have to be present for a few court sessions that don't last more than a few hours. Moreover, your attorney will do the majority of the talking.

3. You Don't Need To File Lawsuits For Minor Injuries

You have the right to file a lawsuit irrespective of the magnitude of the injury. You can get medical fees for your treatment, even for minor injuries such as bruises, cuts, or bumps; the injury's size or extent does not count.

If you are unaware, you can file a minor injury suit to get your compensation. All you need to do is to reach out to competent attorneys in New York who will explain to you in detail what you have to do to get started.

4. You Can File Your Suit After A Long Period

There is a stipulated time within which a victim can tender a suit in court. In New York, the maximum period allowed for filing your injury accident case is three years, after which your claim may not be tenable for hearing.

Make a decision and file your suit without further delays. You don't have to wait until your case exceeds the statute of limitations before you consult a competent attorney, especially if you stay in New York.

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5. Hiring A Personal Injury Lawyer Is Very Expensive

Another common myth is that personal injury lawyers are expensive; this fallacy is unfortunate in that it further inflicts harm on a victim who is supposed to be compensated. Not only can the wealthy hire a lawyer, but this is not true.

Don't be cornered into accepting cheap settlements because you think personal injury lawyers are too expensive. Instead, reach out to a competent attorney in New York to discuss your injury case, and you'll discover the cost is affordable. Feel free to give us a call or perhaps fill out our contact form to book an appointment. We've got you!

The Unstable Relationship Between Identity Theft And Personal Injury Law

In today's digital age, the risk of identity theft is higher than ever before. With the rise of online transactions and the sharing of personal information on social media platforms, it has become easier for fraudsters to steal personal information and use it for their own gain. Identity theft not only causes financial harm, but it can also lead to significant emotional distress and can even result in personal injury. In this blog, we will explore the complex relationship between identity theft and personal injury law. We will discuss how the harm caused by identity theft can lead to a personal injury claim, as well as the challenges involved in proving such a claim. We will also provide tips on how to protect your personal information and what to do if you have become a victim of identity theft.

Can a person who has had their identity stolen sue for financial damages? This question comes up on a fairly regular basis, and the answer is not as cut-and-dry as you may thin. Before we can answer this question, we need to look at the situations that can lead to identity theft. The most common situations include:

First, let's take a look at situation number three to see if there could be a personal injury lawsuit involved. In order for there to be a personal injury lawsuit, there needs to be some sort of injury. The definition of "injury" is expanded to include financial damage. If you have to spend a lot of money reclaiming your identity and you are told that you owe a lot of money to creditors that you never did business with personally, then you could sue the hacker who stole your information. The problem is that, in most cases, that person is never found.

Identity Theft at a Bigger Level

in 2015, IBM tried to sue its data management company because IBM said that company allowed the personal information of nearly 500,000 current and past employees to be stolen. IBM claims that the tapes were physically lost while being transferred from one location to another, and now the data management company is responsible for the $6 million IBM spent to protect the identities of all 500,000 people.

It sounds like an airtight case against the data management company, but IBM lost that case. The judge said that since the loss of the data did not result in direct financial harm to any of the 500,000 current and past employees, then there was no basis for IBM to claim personal injury and recover its $6 million.

In another high profile case, the Sony Corporation was the victim of a malicious computer hack that saw the email addresses and other personal information of many of its employees released to the public. In this case, a judge ruled that Sony employees could sue Sony for the data breach despite the fact that no financial harm had come to any of the employees who had their information released. The judge said that Sony was financially responsible for any steps the employees felt they had to take to protect their identities, and any financial losses the employees may have suffered as a result of the breach.

Using Personal Injury Law to Protect Yourself from Identity Theft

 

Personal injury laws are very specific when it comes to incidents such as slip and fall accidents, but anything to do with technology is still a developing field. Identity theft is not something that just came up with the advent of the Internet, it has been around for a very long time. While a civil personal injury lawsuit is an effective way to recover losses associated with identity theft, the big problem is actually catching the guilty party.

If you find yourself the victim of identity theft, then you should file a police report immediately. When you file a police report, you are officially reporting a crime and can use the legal system to defend yourself. If you are getting deep into financial trouble over your identity theft, then hiring an attorney can help you to stop the financial bleeding and start to get your life back.

 

What To Do About Unwanted Attention On Social Media

Social media has become an integral part of our lives in today's digital age. It has revolutionized how we connect, communicate, and share information. However, with the convenience of social media comes the downside of unwanted attention. We've all heard of instances where people have been harassed, stalked, or bullied on social media platforms. With the internet's anonymity, it can be challenging to control and manage unwanted attention online.

In this law blog, we'll discuss the legal implications of unwanted attention on social media and explore the steps you can take to protect yourself and your rights. From understanding your legal options to practical advice on safeguarding your online presence, we've got you covered. So, if you're dealing with unwanted attention on social media, keep reading to learn what you can do about it.

 

 

Protections Offered Under The Law

There are several laws in place that can protect you if your image is posted by someone else on Facebook in a manner that is unflattering to you. They are:

What Should You Do?

What should you do if you find a picture of yourself on social media that you want taken down? It is reasonable to say that your first response should not be to contact a lawyer, unless it is to clarify that you have the right to ask the picture to be taken down. Your first step should be to send a message to the person who posted the picture asking them calmly to take it down. You may want to try two or three messages spread out over time before you take legal action, depending on the severity of the image.

If you decide to file a lawsuit, then there are a few consideration that would enter into the damages you request. They are:

These, along with other considerations, would make up the core of your lawsuit. Each state has a statute of limitations on filing personal injury lawsuits, so you should not wait to decide to file your suit if your messages requesting that the picture be taken down go ignored.

Social media can seem like a place where anything can happen, but it is governed by the same laws that apply to other forms of media. If you find yourself in a situation where a picture posted by someone else on social media is affecting you negatively, then you should take the appropriate actions immediately.

Are Nursing Homes Liable for Medication Errors?

 

As our population continues to age, more and more individuals are relying on nursing homes and long-term care facilities to provide the medical care they need. Unfortunately, with this increased demand for healthcare services comes an increased risk of medication errors. Medication errors can have devastating consequences, from serious illness to death. When a nursing home resident suffers harm due to a medication error, who is responsible? Are nursing homes liable for medication errors?

In this blog post, we'll explore the legal implications of medication errors in nursing homes, including the potential liability of nursing homes and their staff. We'll also discuss steps you can take if you or a loved one has been the victim of a medication error in a nursing home.

How to Prove Medical Malpractice in a Nursing Home

Medical malpractices often occur in various ways, but the major cause is considered as medical negligence. In nursing homes' medical error cases, the courts normally define it as the failure of health care provider to exercise the due diligence of an average health care practice, taking into account the resources and professional advances available. So, to determine whether the health care providers at the nursing home committed a medical error or not, you and your personal injury attorney must prove that the health officers were negligent in the following areas along the chain of medication:

Causes of Medication Error in a Nursing Home

Medication errors are very easy to make. For instance, in the old days patients were sometimes given wrong medication because the pharmacist could not read the prescription handwriting by the physician. Fortunately, those days are gone as many physicians are currently sending prescription electronically to the pharmacist, or simply have the prescription printed out. However, some physicians can still negligently type wrong amount of medication or the wrong medication.

 

In a nursing home, the health care provider might think that the patient is more competent, and ask the patient questions about his/her allergies to medication. The patient might say no allergies, yet he/she have some serious allergies. The medical provider would be negligent and liable in such situations because they failed to read the chart to see whether the patient is competent or not to give accurate and proper medical history.

Negligence is can also be seen when the physician administers the medication in the wrong manner. Often, various medications are administered in different ways. For instance, if the medication is supposed done by short, and the health care provider gives the shot in the wrong place: that mounts to medical negligence.

To prove that Nursing Home is Liable

To prove that there was medical error in handling your loved one or friend, your personal injury lawyer must obtain all the medical records of the patients related to the treatment in question. Your personal injury attorney will then hire a medical expert to access and read through the records, investigate the situations of the treatment, and provide an opinion as to whether the nursing home health care providers were negligent. Usually, a medical error or negligence case will be seen in the medical record.

If your personal injury lawyer in Staten Island proves that the health care provider in the nursing home was negligent, then he/she can file a personal injury malpractice claim.

Bad Dog: How a Personal Injury Lawyer Can Hold Negligent Pet Owners Responsible

Dogs are often referred to as man's best friend, but unfortunately, not all dogs are well-behaved. The consequences can be severe when a pet owner fails to properly control their animal. Injuries caused by dogs or other pets can result in significant medical bills, lost wages, and pain and suffering. In these situations, it's important to hold negligent pet owners accountable for the harm their animals cause.

Dog ownership has risen dramatically over the last 30 years, with the American Pet Products Association estimates that nearly half of all U.S. households own at least one dog. While the majority of these dogs are wonderful companion animals, the dramatic increase in the canine population means that dogs are biting more and more people and pets.

This blog post will explore how a personal injury lawyer can help injured individuals pursue compensation and justice when a pet has injured them due to an owner's negligence.

The Scope of the Problem

The American Humane Association reports that approximately 4.7 million dog bites occur in the U.S. each year, and about 20 percent of victims require emergency medical care. According to the Centers for Disease Control and Prevention, over half of all dog bite victims are children under the age of 9; in 2012, more than 27,000 Americans required one or more reconstructive surgeries as a result of a dog bite.

Dog bites often leave victims with serious, lasting physical and emotional trauma. In some cases, dog attacks can be fatal.

Dog Bites and the Law

The law is clear when it comes to pets - the owners are responsible for the behavior of their dogs. In New York, dog bites are covered under Article 7 of the Agriculture & Markets Law, which outlines the rights and responsibilities of both pet owners and the general public.

In New York State, pet owners can be held financially liable for all medical bills incurred by a bite victim (or in the case of a four-legged victim, veterinary costs must be covered). This is known as "strict liability" and applies even if the offending dog had no history of violence and the owner was acting responsibly.

Suppose a dog has attacked people or other pets in the past. In that case, victims of repeat offender dogs can seek extended damages, including compensation for emotional trauma as well as pain and suffering.

These laws apply to both public and private property; many dog bite victims are familiar with their attacker and vicious, life-altering bites often occur in homes and backyards.

How A Staten Island Personal Injury Lawyer Can Help

While some dog owners will gladly accept responsibility for their pets behavior, unfortunately, many try to place blame on the victim. Try as they may, under New York law, a dog owner is not permitted to dispute who is at fault. In these situations, an experienced Staten Island personal injury lawyer can help navigate the legal system, ensuring that victims are treated fairly and that they receive full compensation for their expenses.

Judge and lawyers speaking in front of the american flag in the court room

A lawyer will also conduct extensive background research to learn if the dog owner had prior knowledge of the volatility of their pet; we often find that negligent owners will attempt to conceal past incidents in order to avoid responsibility.

Contact Us Today

If a dog in New York has attacked you or your pet, contact Sgarlato & Sgarlato for a complimentary consultation today. We will review your situation and advise you of your rights as a dog bite victim. Don't delay; the sooner you contact our offices, the better your outcome will be.

We also provide legal advise to dog owners who want to understand New York's dog bite laws. We can educate you on your rights and responsibilities when it comes to pet ownership, giving you the knowledge you need to protect yourself against dog bite litigation.

 

Is Artificial Intelligence Changing Personal Injury Law?

In recent years, the field of artificial intelligence (AI) has been rapidly evolving, and its impact is being felt in almost every industry, including the legal profession. Personal injury law, in particular, has been significantly affected by this technological revolution. With the ability to process vast amounts of data, predict outcomes, and provide valuable insights, AI is revolutionizing the way personal injury cases are handled. From assisting with legal research to providing virtual reality simulations, AI is transforming the way lawyers approach personal injury cases.

In this blog, we will explore the various ways in which AI is changing personal injury law and the potential implications for lawyers, insurance companies, and individuals seeking justice.

What Is AI?

Artificial intelligence is software that can adapt its responses to the input and data it receives. A common example that most people are familiar with is a video streaming software recommending movies a person may like based on the feedback that have given other movies and their own movie watching history. Over time, AI comes to learn how to do processes more efficiently and it can help to customize a customer's online experience.

How Is AI Being Used In The Insurance Industry?

The insurance industry has been using AI to help reduce the amount of time it takes to process a claim, and to answer basic customer questions through chat applications. Industry executives say that using AI has cut the claims process down from hours to seconds, and that is helping to lower the overall costs of doing business. Companies are also able to lower costs by having computers answer basic insurance questions instead of hiring people to answer those inquiries.

The Issue For Personal Injury Attorneys

Personal injury attorneys around the country are starting to learn as much about AI as they can, especially when the human element in processing a claim is being replaced by computer programs. The biggest issue facing attorneys is what to do when it comes time to challenge a claim where the decision was made by a machine? It is a problem that needs to be addressed immediately as some insurance companies are already using AI to make low level claim decisions.

The Laws Are Going To Need To Catch Up

 

The idea of using AI to make decisions is being used in a variety of ways. New driverless cars are being fitted with AI to adapt to changing road conditions, and even customer service kiosks at stores are starting to be populated only by machines run by AI. Throughout the country, civil laws regarding personal injury lawsuits involving AI are proving to be outdated and in desperate need of a modern overhaul. This new twist of AI being used in the insurance industry is only going to make the legal situation even more confusing.

Personal injury attorneys are starting to realize that they might have to face-off against a computer when they challenge an insurance claim in the future. As technology continues to bring personal injury law deeper and deeper into uncharted territory, lawyers are starting to go back to school to learn as much about these new developments as possible.