Suing A Municipality For A Personal Injury Incident

Personal injury incidents are unpredictable and can leave victims with serious physical and emotional trauma, as well as financial burdens. If a personal injury incident is caused by the negligence of a municipality or its employees, such as slipping on a patch of ice on a public sidewalk or being involved in a car accident with a municipal vehicle, it can be difficult to know how to seek justice. While suing a municipality for damages is a possible option, the process can be complex and requires specific legal procedures to be followed.

In this blog, we will delve into the complexities of personal injury lawsuits against municipalities, with a focus on the potential roadblocks and challenges that plaintiffs may face. Using a scenario involving a slip and fall on a public sidewalk, we will explore the legal procedures that must be followed to achieve a successful outcome in a personal injury lawsuit against a municipality.

Some Municipalities Cannot Be Sued

When you are considering a personal injury lawsuit against a municipality, keep in mind that the municipality makes the laws. While we would hope that our elected officials would not abuse their status, the fact is that some municipalities have laws in place that prevent them from being sued for personal injury events. The personal injury laws can vary from county to county, and it is important to have an experienced attorney on your side if you do decide to try and sue a municipality.

The Process Is Different

Every state has a list of statutes of limitations that apply to various types of personal injury events. For example, there might be a two year statute of limitations where you can file a slip and fall injury claim in your municipality. This means that you have two years from the date of the incident to file a claim against the negligent party. When it comes to suing a municipality, you do not have that luxury.

In most places, you have between 30 and 90 days to file an intent to bring a claim against the municipality for your injuries. This means that you must notify the municipality of your intent to sue before you can file a lawsuit. This process is used in states such as New York, and the municipality can refuse your right to sue without reason. If your intent to sue is approved, then you have a small window of time where you can file your lawsuit.

Even If You Win

It is possible to file a personal injury lawsuit against a municipality and win your case, but that is where your battle begins. There are processes in place that allow a municipality to delay your payment, and some areas even allow the municipality to deny the claim completely after the case has been tried. So even if you win your personal injury case against a municipality, you are still in for a long and frustrating battle.

Every citizen deserves justice when they feel that they have been injured due to the negligence of others. But if your injury is the result of the negligence of a municipality, then you will have a difficult time getting the justice you seek. Your best approach is to hire an experienced personal injury attorney and work hard to get the compensation that you deserve.

My Child Was Hurt On The Playground - Who is Responsible?

My Child Was Hurt On The Playground - Who is Responsible?Playgrounds are a beloved spots for kids to play, socialize, and test their physical limits. While they offer a wealth of benefits, playgrounds are not without risks. Unfortunately, playground injuries are all too common, causing distress to parents and, in some cases, even serious harm to children. In fact, each year, over 200,000 kids require treatment in hospital emergency rooms for injuries sustained on playgrounds.

Daycare facilities and schools are the settings where most of these injuries occur. In this blog, we'll delve into the risks and responsibilities surrounding playground injuries, providing helpful information and tips for parents who are concerned about their children's safety on the playground.

Who is Liable for a Playground Your Child's Injury?

As any negligence or product liability case, the party legally responsible for your child's injury in depends on the circumstances. If your child is injured on the playground the following parties may be responsible:

School Liability

If your child was supposed to be supervised while in school at the time of the injury, and the school did not offer the proper supervision, then it can be considered a contributor to the injury, thus be held legally responsible. The right to sue a public school or a city for injury that occurred on its playground may be limited in Staten Island due to injury lawsuits against the government or governmental immunity. However, there is no immunity that exists for private schools, private homes and daycares. It is therefore important to consult an experienced personal injury attorney.

Prove of Playground Injuries

Who you can sue for playground injury depends on several factors, all of which require legal knowledge to prove. In order to bring a lawsuit to recover for your child's playground injuries, you must show that:

The Type of Damages You Can Recover

If you sue for playground injuries, you may be able to recover for the damages such as the child's medical bills, lost wages lost while caring for your child at home, out-of-pocket expenses for medications, medical building parking lot fees, and any other expense incurred as a result of the injury.

The Time Limit to Bring the Claim

When your child is injured in a school playground, you need to file a notice of claim within 90 days of the occurrence and the suit need to start within one year. The suits against school districts are not easy and normally judges protect school districts. Therefore, you need to hire a personal injury lawyer who had successfully sued school districts for damages.

Why Are Night Shift Workers More Prone To Injury

 

The Canadian Institute for Work and Health conducted a study in 2013 and discovered that individuals who work night shifts, regardless of gender, are more prone to experience work-related injuries compared to those who work other shifts. While this finding may not come as a surprise, it prompts us to ask why night shift work is often associated with a higher risk of injury. This risk affects workers in a wide range of industries, from healthcare and first responders to factory workers and truck drivers. Despite the benefits and necessity of working night shifts, they can have a negative impact on workers' safety and wellbeing.

This blog post will delve into the reasons behind this heightened risk and explore ways to mitigate it.

The Industries That Are Generally Affected

The most common industries that saw increases in injuries at night were EMTs, police, fire fighters, construction, and hospital workers. While there does not appear to be any common ground between these industries, there are certain aspects of worker safety these industries share that are compromised when the work takes place at night.

Visibility

The most obvious problem with night work is the visibility. Every industry that works at night equips its workers with tools to see better at night, but that lack of total natural light offers a significant lack of important background light that any worker needs to be safe. There is a big difference to having a worker's perimeter lit up by natural light at all times and trying to stay safe with the limited abilities of a flashlight.

Weather

Bad weather can help to make night work even more dangerous. Not only does bad weather make the conditions slippery and dangerous, but it also makes visibility even worse. Significant snow or rain during a night shift where the work is done outdoors can add to the potential for worker injury.

Lack Of Help

With most night shifts, the personnel at work is lower in number than other shifts. Most industries put the least number of workers on a night shift as possible to keep costs down. But when the staff numbers are low, there are less workers to look out for each other and less workers to help keep conditions safe. When the staff levels are lower, that also means that there are a lower number of safety-related personnel working to help monitor the work site.

A spotlight goes on the personnel issue when workers call in sick for the night. A shift already low on the required personnel can significantly increase the danger for night work when workers call off unexpectedly for the night.

Science has shown that working a night shift in a diverse list of industries can increase the chances for worker injuries. Considering that many factors that increase danger are related to the weather or darkness, there is only so much companies can do to make workers safe. But with cooperation between workers and employers, there are steps that can be taken to keep the night shift safe while they are doing their job.

Carbon Monoxide- Is Your Boiler Damaging Your Health?

In New York State, a significant number of residential and commercial properties rely on boiler systems for heating. Boilers are a popular choice due to their energy efficiency and ability to distribute heat evenly. However, the potential health hazards associated with these appliances may come as a surprise. Carbon monoxide (CO) poisoning is a major concern for boiler users as this odorless, colorless, and tasteless gas is hard to detect. Malfunctioning boilers can release dangerous levels of CO, leading to severe health consequences, and in extreme cases, even death.

It's crucial for homeowners to be aware of these risks and prioritize regular maintenance and servicing of their boiler systems.

Amanda's Law

On May 7, 2010, New York State introduced Amanda's Law which mandates that every one and two-family residential structure in New York State must have one carbon monoxide detector outside every bedroom. The law was created in response to the death of Amanda Hansen who passed away from carbon monoxide poisoning while sleeping at a friend's house. The source of the deadly carbon monoxide was the home's boiler.

The Real Dangers Of Carbon Monoxide Poisoning

Carbon monoxide is a deadly gas given off by defective gas appliances that can kill everyone in the home overnight. In some cases, the carbon monoxide leaks slowly and starts making people in the house sick. But at some point, the leak will expand and become deadly. Carbon monoxide is odorless and colorless, which means it is a killer you never see coming. The only way to detect carbon monoxide gas is with CO detectors, which is why Amanda's Law was created.

What Can You Do?

It is important to get your boiler inspected by a certified expert at least once a year. In New York State, it would not hurt to have it inspected twice a year because of how much use it gets in the winter. When your inspection technician gives you advice for repairs or replacement needs, you should take that advice to heart and get the work done.

You should also make sure that you read and abide by Amanda's Law. You should have a CO detector outside every bedroom in your home, and you should replace those CO detectors every five years to make sure they are always working properly.

Monitoring Family Health

If several members of your household suddenly become ill for what seems like no reason, then that is a sign that you need to spring into action. You should not only get your family members to a doctor right away, but you should install CO detectors immediately to make sure that the problem is not a faulty boiler. It does not take long for a leaky boiler to become a fatal problem for the people living in your home. The sooner you act on behalf of your family's good health, the better chance you have of saving lives.

Amanda's Law was put into effect because your faulty boiler could be affecting your health. Carbon monoxide poisoning is a very real threat to any home that has gas appliances, and installing CO detectors is the only way you can tell if your family is in danger. You should get your boiler inspected every year by an expert and you should install CO detectors in your home to make sure that your family is always safe.

The Biggest Personal Injury Myths You Need To Stop Believing

Personal injury cases can be complex, and it's essential to have accurate information to protect your rights and get the compensation you deserve. However, many common personal injury myths can cause victims to misunderstand the nuances of their case and even harm their chances of recovering damages.

In this blog post, we'll debunk some of the most prevalent personal injury myths that can lead to confusion and misinformation. Whether you're dealing with a car accident, slip and fall, or another type of personal injury, understanding the truth about these myths is critical to ensuring you have the knowledge and resources needed to pursue your case successfully.

So, let's take a closer look at some of the most common personal injury myths and why they should be discarded.

  1. Minor injuries aren't a big deal

If you sustained a minor injury due to someone's negligence, you're likely to be told that minor injuries aren't a big deal. Fortunately, it is a big deal, and your best bet would be to get in touch with a personal injury attorney.

Your attorney will advise you never to see your injury as minor since it can spiral out of control when you least expect it. There's also the potential for lasting psychological harm, which, if left treated, can result in something big.

  1. Save money by representing yourself

When you're involved in a personal injury case, the worst advice you can listen to is to believe you can represent yourself in court. Insurance adjusters are likely to offer a low settlement without a sound personal injury attorney.

But with an attorney by your side, you'll face less pressure from the insurance company. You also have a better chance of negotiating a better offer. Hiring an attorney might cost you some money, but you get the total compensation you wouldn't usually get if you were representing yourself.

  1. You can file your personal injury claim anytime

Immediately you sustain an injury, there is a statute of limitation placed on your case. This is how long injury victims can wait before filing. For instance, New York has a time frame of three years.

After which, you're no longer eligible to file for a personal injury claim. It is best to file a claim as soon as possible to avoid missing your compensation.

  1. You'll ruin someone's finances by filing a claim

It is often from the perpetrators, and they aim to get you to drop the case and rather die in silence. In this case, it's better to think about your financial future, health, and recovery ability.

If you don't sue, you end up incurring expenses. Please note that when you file a claim, their insurance company will cover the settlement.

For the past decades, we have been helping our clients get the compensation they deserve, and we can help you too. Feel free to give us a call or fill out our contact form to book an appointment.

Can I Lawfully Sue If I Get injured in a Fight?

Can I Lawfully Sue If I Get injured in a Fight?It's no secret that physical fights can result in injuries, sometimes severe. Even if you do your best to avoid them, sometimes, they are unavoidable. If you find yourself in such a situation and you're injured, it's vital to understand the legal implications. After all, assault and battery are criminal offenses that can result in personal injury. If you're the victim of an assault and battery, you should contact a personal injury attorney to file a claim against the other party.

 

Regardless of how you might try to avoid fighting, there is a great chance that at some point, you may be involved in a fight. Unfortunately, any time people start to fight, the odds that someone can get injured are very high. Legally speaking, what can you do if you have suffered an injury from a physical confrontation? Well, you must understand that fighting falls under assault and battery category, which are considered as a criminal act. However, if you are a victim of an assault and battery, it is also considered personal injury. That's why you need to contact a personal injury attorney to explain your rights and file an injury claim for compensation.

Assault and Battery

An assault and battery are two different offenses that are defined as non-consented and unlawful touching of another person. An assault is an act that constitutes a threat of harm with the ability to carry out the threat, while the battery is the actual striking or touching of another person with an aim to commit harm. If this happens to you, in most cases it is not your fault, you should contact a personal injury lawyer to file a claim against the other party only if:

Now, even if the fight resulted in a criminal charge against any participant, when you suffer any injury that is caused by the negligent, irrational or reckless conduct of another person, you may be awarded compensation for your injuries through a personal injury lawsuit. However, not all injuries necessary make a worthwhile lawsuit.

 

There are a lot of factors that must be considered before pursuing the potential lawsuit for fighting injuries, including:

We know it is a hard to come forward, but you should get legal guidance and compensation for injuries and damages resulting from a fight. Remember, hurt feelings alone, including embarrassment or anger, are things that the court cannot help you recover for. If someone beats you up in a fight and caused you harm, you need not to take it. Get an experienced personal injury attorney to review your case today.

Personal Injury- Abuse of Process and Malicious Prosecution

Personal injury cases can be complicated, emotional, and stressful for the victims involved. In some cases, these cases involve not only physical and emotional harm but also legal wrongdoing, such as abuse of process and malicious prosecution. Understanding these terms and their legal implications can be crucial for victims seeking justice and compensation for their injuries.

Many legal claims are considered when you are either improperly prosecuted or falsely accused of a crime. Abuse of process and malicious prosecution are similar on the surface, but are essentially different in personal injury lawsuit. If someone does not have a reasonable basis to file a lawsuit against you or maybe he/she subpoenas you, seeks a retaining order and continuously files motions, it is called an abuse of process. Often, an abuse of process occurs when the defendant uses the legitimate judicial process for unintended reasons. On the other hand, if the defendant maliciously uses a civil proceeding or prosecutes a criminal case against you when the defendant knows that he/she has no case, it amounts to malicious prosecution.

Personal Injury Abuse of Process and Malicious ProsecutionElements of Abuse of Process

With this tort, you have to prove the following elements for a successful claim:

Showing facts and circumstances normally show whether there was an ulterior motive or not. The court will look at your intent and that of the defendant, whether any of you is attempting to gain business, economic and legal advantage. A misuse of process generally exists if the defendant uses the process in an intentional way and knew it would be misused or used the process in a way not contemplated, intended, or authorized by law. In fact, the best way to think about the abuse of the process is about improper purpose. It is important to note that abuse of process claims are not easy to prove and most of them are often unsuccessful.

Elements of Malicious Prosecution

To establish a malicious prosecution, you must prove that the defendant:

A criminal proceeding in any process ranges from parking tickets to murder. If the defendant bringing a civil or criminal proceeding thinks that he/she has a winning case against you, and discovers a reason that they cannot win the case, but continue the case for improper motives, the defendant may be guilty of malicious prosecution.

 

Besides, the original lawsuit or prosecution must have probable cause: that a reasonable person in his/her mind believe the legal action was legitimate and had a clear chance of winning. However, if the defendant knew that the action is illegitimate, there is no need of proving probable cause. Remember, if the defendant can prove that probable cause of action, then you will not win. For instance, if the defendant was doing what his/her personal injury attorney recommended, and mistakenly believe the lawsuit was legitimate; the defendant will not be liable for malicious prosecution.

Finally, if you have successfully defended against the malicious prosecution suit, and won the previous illegitimate lawsuit. In short, if you had to pay damages for a civil lawsuit or convicted of criminal charges, you cannot sue for malicious prosecution based on that civil or criminal allegation.

Contact an Experienced Personal Injury Attorney

Normally, abuse of process and malicious prosecution case are very complex. So, if you have suffered from abuse of process or malicious prosecution in Staten Island, please consult with a skilled personal injury lawyer to help protect your legal rights.

Prosecution of Personal Injury Fraud; New Strategy Used By Insurers

 

Personal injury fraud is a growing problem that affects insurance companies, businesses, and individuals alike. This type of fraud involves filing false or exaggerated claims for injuries, often resulting in higher premiums and increased costs for everyone. In recent years, insurers have begun using a new strategy to combat this problem - the prosecution of those who engage in personal injury fraud.

In recent years, there appears to have been a change in culture of insurers who are more prepared to fight claims on the basis of fraud. There have been a lot of high-profile news articles suggesting that deceitful personal injury claims cost insurance companies millions of dollars annually. However, this is failing due to the rise in claims being run to trial alleging foul play. The skilled and an experienced personal injury attorney, frequently advise large corporate clients and insurance companies on whether to plead fraud formally or simply put the claimant(s) to strict proof.

Personal injury fraud usually arises in the form of either no accident occurred, bogus, staged, or where there is a genuine accident or botched medical procedure with some personal injury, but the level of damages claimed are exaggerated. Sometimes the claimant had a bad back from twisting awkwardly in bed, which he/she may attribute to the accident. These are opportunistic claims and most, therefore, are often difficult to disprove.

Corporate companies’ clients and insurers are very unwilling to reveal the method that might bring a suspect claim to their attention and superficial in the details about how they try to trap fraudulent claimants. A good personal injury lawyer will tell you the techniques these corporate and insurers use. For instance, most of them are relying on a network of informants and whistle-blowing from either jealous or aggrieved friends. Since the majority of the claims often cluster geographically, perhaps a particular firm of solicitors or a doctor willing to turn a blind eye. The insurers are looking for things that are suspicious, interesting or high risk to detect the suspect claims. Be warned!

The other most important weapon handy to insurers is surveillance. Even though, not everyone is convinced of the legitimacy of the surveillance, its use and the publicity given to a few high-profile cases has created a culture of suspicion around all personal injury claims, masking that most of them are certainly genuine. As a personal injury attorney, it is sad to see how honestly injured individuals, putting forward exclusively honest claims are skeptically viewed because of the advertising in relation to fraud.

 

Most insurers will investigate all personal injury actions, not just from the liability, quantum and causation perspectives, but also in terms of potential fraud and credibility. The more reliable and earlier relevant factual details are received the greater the savings the defendant can make. The law states that anyone, who behaves in a dishonest way by attempting to exploit a system that exists to compensate the honestly injured, will end up going to prison. The courts in Staten Island and the surrounding regions also appear to be more prepared to commit personal injury fraudsters to prison.

Traditionally, people have been very slow to complain either or take advice about pursuing a claim, but it is obvious today that safety and health becomes an issue only when claims are made. At times, litigation is the only way to prevent personal injury. However, it is very surprising that there is an attempt by insurers to blame people who have been injured and suggest that they are in the wrong for their injuries! It will not be interesting if this trend continues. Hiring a well-trained and experienced personal injury lawyer in Staten Island is the only way you can gain the right compensation for your personal injury claims.

 

Who Is Liable for Trampoline Injuries?

Trampolines are a popular source of entertainment for both children and adults. However, as with any physical activity, there is a risk of injury. In the event of an accident, it's important to consider who may be held liable for any resulting injuries. These injuries can range from minor cuts and bruises to more severe injuries such as broken bones and back injuries that require immediate medical attention.

When it comes to trampoline injuries, there are typically three parties that may be held liable: the manufacturer, the property owner, or another trampoline user. Determining liability is crucial in order to seek compensation for any damages incurred. In this blog post, we'll take a closer look at each of these parties and explore the legal implications of trampoline injuries. Whether you're a trampoline owner or user, understanding the potential risks and legal considerations can help you stay safe and protect your rights.

Determining and proving liability

It is important to work with a personal injury attorney as he will help determine the liable party. When it comes to proving liability, there has to be proof of negligence that led to the harm of others.

For instance, if the injury was caused due to a product defect, the party liable for the injuries will be the manufacturer or distributor. When proving negligence, four elements of proof comes into play such as:

Property Owner

The owner is liable for the injuries if he or she failed to ensure the safety of the trampoline. If the owner has failed to properly maintain the property, such as allowing a guest to use an old broken trampoline.

If the owner has failed to keep off trespassing kids, he will be liable if they venture into the trampoline and get hurt in the process. If the trampoline is used for business, the owner has a responsibility to keep the premises safe for customers, like using trampolines that are in good condition.

Babysitter, Supervisor, or individual near the trampoline

If the trampoline injury was a result of another party near the trampoline, they will be liable for any injuries you might have sustained. It could be a babysitter or supervisor, or employee on the site.

If perhaps it was caused by another individual by throwing something at you or jumping on top of you, you can place liability with them. Before you start wondering who is responsible for your trampoline injury, you should seek medical attention as soon as possible.

While at it, never fail to record the incident, and try to remember the people present when the accident happened.

Consult an attorney

For adequate compensation, you can't do without an attorney. They have been handling cases similar to yours, and the experience, coupled with years of study makes them an important force.

If you or your loved one was involved in a trampoline incident, go ahead and give us a call or perhaps fill out our contact form to book an appointment.

Can I Sue a Police Officer For False Arrest Or Malicious Detention?

Can I Sue a Police Officer For False Arrest Or Malicious Detention?In law, the police officers or other public authorities could falsely arrest or imprison you by merely stopping you on the street without lawful excuses. Today, there are hundreds of people who are victims of false arrest and false imprisonment by police officers in Staten Island. If a police wrongfully arrest you, he/she causes severe harm to you, and the only way to fight back against their misconduct is to file a lawsuit for damages.

Even if you are detained for just a few hours, a wrongful arrest takes away your freedom; disrupt employment, family responsibilities and other activities. Besides, it causes you severe mental distress which may last for a long time and often very embarrassing, even if it is clear that the arrest and detention was unlawful.

The Immunity of Law Enforcement Authorities

Unfortunately, courts often grant law enforcement authorities immunity not to hinder investigative duties. However the immunity is qualified, meaning that the police officer cannot willingly and freely violate your rights. Being stopped and questioned by police officers in connection to a crime is a bad experience for many, but as long as the police officer is performing his/her duties properly there is a violation of your rights.

For a police officer to arrest you legally, he/she must have probable cause. With no probable cause, an arrest violates the protection against the unreasonable seizure law. However, there is one exception to this rule. The mere fact that the arrest requires an evidence of criminal activity, probable cause does not exist if you have clearly established legal rights to engage in the activity that prompted the arrest. The police can also arrest you without a warrant for a misdemeanor or felony committed in their presence.

Proving False Arrest

The police have powers of arrest, which allows them to detain you lawfully in certain conditions. However, the arrest is the last option and the police officers must consider whether there is need to do that or consider their own convenience. Even if the information the police relied upon later turns out to be false, the officer is not liable, because he/she believed it was accurate at the time of arrest. To prevail on false arrest, you must prove that:

Malicious Detention

Malicious detention claims assert that the police officer or other law enforcement authority wrongly deprived you the fourteenth amendment right to liberty. To prevail on malicious detention, you must prove that:

As with false arrest, this compensation claim will fail if the police officer had probable cause to start criminal proceedings against you.

Hire an Experienced Personal Injury Lawyer

The civil rights compensation claim is part of the legal system, offering a balance between the rights of individuals to be free from police misconduct and the duty of law enforcement to uphold the law. However, cases against the police officers and other law enforcement authorities may be very difficult. The officers are immune, and there are a few evidences you must secure, including a statement of police, records, statement of witnesses and other key documents to prove the false arrest and detention. If you are a victim of police officer misconduct, contact an experienced personal injury attorney in Staten Island.