NEW YORK — Thousands of people slip, trip, and fall every day in the United States. According to the CDC, slips, trips and falls are the top reasons for traumatic brain injuries. An experienced personal injury lawyer says these accidents account for 46% of fatal falls among older Americans. A slip-and-fall injury is any personal injury that’s a result of a slip, trip or fall. Examples of these injuries may include:
Head injuries like traumatic brain injuries
Sprains and fractures in the knees or wrists
Back and spinal cord injuries
Cuts and abrasions
If you have suffered any of these injuries in a place of business or on city property, you may be entitled to compensation. A personal injury lawyer will be happy to help you understand your options for recovery at this time.
When does my slip-and-fall become a Personal Injury Case?
Not all slip-and-fall accidents lead to personal injury cases. An injured person may have a case when there is sufficient evidence to hold the property owner or manager (or an employee who works on the property) responsible for the conditions that led to the accident and injuries.
A slip-and-fall can become a personal injury case when another party is liable (legally responsible) for the accident. To be liable, the property owner, manager, or employee must or should have done one of three things:
He or she must have caused the conditions that led to the slip-and-fall accident
He or she must have known about the conditions that led to the accident and done nothing to fix them
He or she should have known about the conditions that led to the accident because a “reasonable person” taking care of the premises would have found out about the hazard and fixed it
Do you have a slip-and-fall case in Long Island?
If you have slipped on or tripped over an object on a premises and that fall led to an injury, you may be able to work with a slip-and-fall attorney in Long Island to pursue compensation. Compensation can cover medical expenses, lost wages from having to miss work, and more.
At Cellino & Barnes, we are happy to review your case at any time to help you learn what your next steps should be to get back on your feet. Contact a personal injury lawyer for a free consultation.
NEW YORK — Buying a car is a hefty expense that can take several years to pay off. Although it can be a relief to replace a worn-out vehicle, an unavoidable risk of buying a car is getting into an accident in a car for which you still need to pay back a loan. Although your insurance company will typically step in to cover your losses, such as the cost of repairing your vehicle, a Bronx car accident lawyer says there are many other expenses to consider.
First, you need to prioritize. Your health and wellness should always be paramount. If you’ve been injured in an accident, it would be wise to get medical treatment and contact an experienced car accident lawyer to help you get compensation for your injuries. Then, you can start to consider options for other things, like your vehicle.
Many times, repair can exceed the car’s value. In this scenario, how does the insurance company help you pay off your car?
How Insurance Companies Determine a Total Loss
Each auto insurance company sets its own rules for calculating a total loss. Generally, a total loss is when the cost of a car’s repair exceeds 80% of the car’s value. The percentage of the car’s value the repairs must exceed to determine a total loss varies by insurance company; however, 80% is relatively common.
Here is an example of how this 80% standard comes into play. Let’s assume your vehicle’s actual cash value was estimated at $10,000 on the day you got into a serious car accident. Applying the 80% rule, we can deduce that your insurance company will consider your vehicle a “total loss” if the cost of repair reach or exceed $8,000 or 80% of the value of your car ($10,000). If repair costs to reach or exceed $8,000, your insurance company will not authorize any repairs. Instead, they will reimburse you for the value of your car before the accident.
Getting Paid After Your Car Was Totaled
Once you receive the check from your insurance company, you can use those funds to pay off what remains of your loan. Your insurance company will likely name the bank or financial institution that loaned you money to buy the car (the lien holder) as a payee on the reimbursement check. This is to ensure that the funds you get go toward paying off the car.
What If The Insurance Company Doesn’t Cover My Car Loan?
Cars depreciate in value much more quickly than other assets. There’s always the possibility that the money you receive from your insurance company won’t cover what you still owe. When this happens, you’re still legally responsible for paying back what you owe. If you have gap insurance, it might cover the difference between the check you got and your remaining balance.
Getting the Most from Your Car Accident Claim
One way to give your accident claim the best chance at success is to work with the dedicated team of Bronx car accident lawyers with Cellino & Barnes. We help those who’ve been injured in accidents, and don’t know where to turn. With over $2-billion in recoveries for our clients, we know what it takes to get you fair compensation for your injuries.
Additionally, our “No Fee Guarantee” means you won’t pay us a dime if we don’t win your case. We have over 60 years of experience helping car accident victims throughout New York get compensation for their injuries. Call our firm at any time of day or contact us for a FREE consultation.
ROCHESTER, N.Y. — When you’ve been in an auto accident, there are so many things to consider. Do I need to call the police? Should I contact my insurance company? Do I Need To Hire A Lawyer When The Other Car Driver Was At Fault? Should I see a doctor? Every decision is important, and a car accident lawyer in Rochester NY can explain what you should do after your accident.
What To Do After Any Car Accident
There are several steps you’ll need to take if you’ve been in a car accident, whether you were at-fault or not:
Get Medical Attention. If you or anyone else has been injured, it’s crucialto get immediate medical attention. Statistics have shown that recovery times are drastically reduced if you see a doctor right away.
Call Police. After any accident, you’re going to need an accident report. Local law enforcement typically draft these, and it’s important that you get a copy.
Gather Evidence. Many accidents have witnesses. Be sure to talk to these individuals, and get their contact information. It’s also critical to take pictures of the accident scene. This includes photos of your vehicle and any injuries sustained. Since your injury can heal, it’s important to have photos!
Contact An Experienced Car Accident Lawyer. One of our helpful car accident lawyers can explain what the next steps are. If you contact the insurance companies, you may risk giving them information that they can use against you, if you decide to file a claim. On the other hand, an attorney has a sworn duty to protect your rights, and help you get the best result possible.
Do I Need To Hire A Lawyer When The Other Car Driver Was At Fault?
To file a successful claim, you must prove two things:
You Were Not At-Fault For The Accident.
You Were Injured As A Result Of The Accident.
If it can be determined that the other driver was negligent AND you were injured as a result, you should contact an experienced car accident lawyer as soon as possible. Only an experienced personal injury lawyer can help you get the best result possible from a claim.
A car accident lawyer in Rochester NY will help you build a case, and negotiate with the insurance company’s legal team to make sure you’re fairly compensated for your injuries.
The Rochester car accident lawyers at Cellino & Barnes have recovered over $2-billion for their clients, and have been recognized by many prestigious publications for their work in personal injury law. We consider our team to be some of the best car accident lawyers in Rochester.
Contact us online or call us anytime for a FREE case evaluation.
NEW YORK — Car accidents can cause considerable setbacks, on top of any injuries you’ve suffered. A car accident attorney in Long Island, NY says it’s always important to put your health first. Get medical attention, and call a Long Island car accident lawyer. Once you’ve made those steps, then you can focus on getting your life back on track, and possibly getting a rental car.
More often than not, car repairs can cost a small fortune. If your car was banged-up in a car accident in Long Island, you might be wondering what you need to do to get a rental car and, if the accident wasn’t your fault, who will pay for it?
Common Ways to Get a Rental Car After a Car Crash
The first thing you’ll need is an accident report. This report, usually produced by local police, will explain who was responsible for the crash, and how it happened. Those who weren’t at-fault for the crash have the right to seek compensation for any injuries they suffered, anda rental car. If you hope to exercise this right, you have to take the following steps after the accident:
Get the other driver’s information. This includes their name, address, insurance policy information, and driver’s license number
Collect witness statements and contact information
Photograph the scene of the crash. Include damages to both vehicles, and any visible injuries you’ve suffered as a result
File an accident report. This documents your crash, and will be an important piece of evidence moving forward
Contact a car accident lawyer. Notice we didn’t write “your insurance company.” Insurance companies often take advantage of people who were recently in an accident. Only a personal injury lawyer has a sworn duty to represent your interests. In most cases, this consultation is FREE
If you have injuries that can be prosecuted in court, your lawyer might be able to file an accident claim on your behalf. Even if you just have minor cuts or bruises, an experienced car accident lawyer on Long Island can help you decide what to do next. In some cases, they may advise that you handle this claim with your insurance company in order to cover the cost of repairs, and get a rental car.
The At-Fault Driver’s Insurance Company Pays
If the accident was someone else’s wrongdoing, their insurance company should cover the costs of your rental vehicle. You should also get a comparable vehicle for as long as it takes to repair your car.
Unfortunately, even if there’s clear evidence that the other party caused the crash, their insurance company will likely be hesitant to pay for a rental. If this is the case, you’ll have to try the second method.
Your Own Insurance Company Pays
When the other party’s insurance company refuses to pay for the vehicle rental, your insurance company might cover you if you have rental reimbursement coverage. When your insurance company covers this cost, they may seek reimbursement from the other driver’s insurance company at a later time.
Finally, you might need to front the costs when both insurance providers drag their feet. This can become more problematic when you rely on the insurance companies for reimbursement. If you end up paying for a rental car yourself, keep track of all expenses associated with the rental. Lastly, don’t give up! Stay in touch with your lawyer if you’ve retained one; if not, be sure to regularly check-in with your insurance company to get updates on the status of your claim.
Have You Been Hurt in a New York Car Accident?
The cars that sustain the most damage are usually the tip of the iceberg in a car accident case. Vehicles are replaceable, but the lives inside them aren’t. Often, its these passengers that suffer long-lasting damage, pain, and suffering. If you’ve been hurt in an auto accident, the compassionate team of Long Island car accident lawyers with Cellino & Barnes have over 60 years of experience helping accident victims recover financially, physically, and emotionally from their accidents.
Contact our law firm at any time of day or night for a free consultation. We do not take a fee unless we win your case.
NEW YORK — When you’ve suffered an injury, it can change your life. You’ll have additional and unneeded stress in the form of medical bills, lost wages, chronic pain, and more. If you were injured because of someone else’s negligent actions, you could be entitled to compensation for your injuries. If that’s the case, it’s time to ask yourself, Can A Personal Injury Lawyer Help Me Get Compensation?
It’s a question millions of people ask every year. Here, we’ll explain why it’s wise to seek the advice of a personal injury lawyer on Long Island, and what you can do to help maximize any compensation you’re owed.
Can A Personal Injury Lawyer Help Me Get Compensation?
After any accident, one of the first conversations you have should be with a personal injury attorney. Unlike the insurance companies, a personal injury lawyer will stand-up for your best interests. All lawyers are bound by a code of ethics to do so. That means helping you get the best possible compensation.
In many cases, an insurance company may make an initial offer to settle your claim. However, this offer typically won’t fully cover the costs associated with an injury. In the end, you may be better-off having a Long Island personal injury lawyer investigate your accident, gather evidence, and negotiate a settlement with the insurance company.
Even if the insurance company refuses to settle, an experienced personal injury attorney could advance your case to trial. In this case, a judge or jury would decide the proper amount of compensation you’re owed, based on the evidence presented to them.
Getting The Best Personal Injury Lawyer on Long Island
Whether you were injured in a car crash, slipped and fell on a wet floor, or were involved in some other type of accident, you’ll want to find the best personal injury lawyer. Long Island, NY has a number of personal injury law firms to choose from, and each firm handles their cases differently.
Here are some of the questions you’ll want to ask before signing a retainer with any law firm:
Is my consultation free? (Some law firms charge just to speak with an attorney)
Will my attorney have trial experience? (Many law firms try to settle their cases as quickly as possible, which could hurt your end result)
What happens if my lawyer loses my case? (Some law firms will still charge you! You’ll want to avoid any unnecessary costs)
At Cellino & Barnes, our consultations are always FREE. All of our personal injury lawyers have years of experience winning cases by getting settlements AND verdicts at trial. Lastly, our No Fee Promise allows you to relax; if we don’t win your case, you don’t owe us a dime.
If you’ve been injured, contact us here, and we’ll put our best Long Island personal injury attorney on your case.
NEW YORK — Do you know which products on your shopping list might be defective this year? Faulty products send thousands of people to the emergency room annually. Whether it’s a gift or an every day household item, a Queens personal injury lawyer says defective products fall under a unique category of personal injury law known as “product liability law.” The terms outlined in these rules sometimes make it easier for victims to recover damages from a liable party, such as a manufacturer or the seller of a faulty product.
Product liability holds manufacturers and sellers liable for allowing defective products to be available to consumers. The responsibility for a defect that leads to an injury lies with all the parties in the chain of distribution. The law requires all products to meet the ordinary expectations of the consumer. To have a viable product liability claim, a product deemed defective or dangerous cannot meet those expectations.
State laws regulate product liability claims, which may be brought under negligence, strict liability, or breach of warranty. If you’ve been injured as the result of a defective or dangerous product, there may be several parties you can hold accountable.
What to Prove in a Personal Injury Case Involving “Product Liability”
Today, an injured person needs to show the following elements to successfully establish a personal injury claim involving product liability:
The product was defective
A person became injured as a result of the product’s defect
How to Start a Personal Injury Lawsuit in Queens for Product Liability
According to a personal injury lawyer in Queens, an injured person can start a product liability claim under three circumstances:
Negligence: In this scenario, the plaintiff (injured person and their family) must prove that the manufacturer or seller had a duty to provide a safe product, and they ignored that duty. This breach must also have caused the person’s injury.
Strict Liability: In this case, a manufacturer or seller is held liable for another person’s injuries even if they didn’t have knowledge that their product was harmful. This is typically the case when a product has a defect, and the plaintiff must show that they used the product in a ‘typical’ manner.
Breach of Warranty: Products with manufacturer warranties allow plaintiffs to bring breach of warranty lawsuits when those warranties fail and lead to injuries.
3 Types of Product Defects
There are three ways a plaintiff may prove a product defective:
A defect can occur at any stage of the production process; from the moment the product is designed to the moment it’s boxed-up and sold. Most product liability suits involve only one type of defect, but a plaintiff could be entitled to additional compensation if several defects were present.
Queens Personal Injury Lawyers Fighting For Victims Of Defective Products
Cellino & Barnes has experienced personal injury lawyers in Queens who have helped many clients with product liability claims. Our goal is to help you get the compensation you deserve after you’ve suffered unnecessary injuries stemming from a defective product. Contact our Queens personal injury lawyers to discuss your claim.
NEW YORK — New York State Police are urging drivers to follow the “Move Over” law after a tractor-trailer sideswiped a police car and an SUV on the Thruway Wednesday afternoon. Trooper Thomas Hanigan and a passenger, Juana Herrera, were injured in the accident, police said.
State police said Juana Herrera, 46, and Alejandro Espinosa, 56, both of Albany, were attempting to change a tire on the side of the highway with the assistance of Thomas Hanigan, a 19-year veteran assigned to state police barracks in Ulster. While they were changing the tire, police said a tractor-trailer sideswiped Hanigan’s police car and the SUV with a flat tire.
The truck driver, who hails from Quebec, Canada, was ticketed for violating New York State’s “Move Over” law. Now, troopers are urging other drivers to remain conscientious of their surroundings, and move over or slow down when there are vehicles on the side of the highway.
Both Juana Herrera and trooper Thomas Hanigan were taken to the HealthAlliance Hospital’s Broadway Campus in Kingston, where they were treated for their injuries.
New York State’s Move Over Law
The New York “Move Over” Law was expanded in November, 2016. It now requires drivers of all vehicles to slow down or move over for roadway construction crews, sanitation vehicles, and all vehicles displaying emergency or hazard lights on the side of the road.
Violating the “Move Over” law can result in a $150 fine for a first offense. Additional offenses could cost up to $450.
The law was created by lawmakers in response to a string of accidents across the country that could’ve been prevented if drivers simply slowed down or moved to another lane.
Holding Drivers Responsible
Drivers who violate the “Move Over” law are not only subject to hefty fines; they can also be held responsible for another person’s injuries. Whether that person was struck by a tractor-trailer or a smaller vehicle, the injuries can leave a lasting impact on that victim’s life. In New York State, truck accident attorneys say victims have the right to file a personal injury claim, which can help victims get compensated for their injuries.
This compensation can help cover many costs associated with the accident, including:
Pain & Suffering
When a large truck is involved, injuries can often be more severe, and these costs can skyrocket. An experienced New York truck accident lawyer will fully investigate the crash to gather evidence that can be used in court to prove your case, and help you get the best result possible from a personal injury claim. This evidence can include:
Truck maintenance records
Overall safety of the intersection
Dashcam video from the truck itself or other drivers in the area
If you or someone you know has recently been injured because of another driver’s negligent actions, you’ll want to get in-touch with a qualified New York truck accident lawyer as soon as possible. There are many deadlines that need to be met in order to get the best result possible from a claim.
If you decide to contact Cellino & Barnes, we’ll put our best truck accident attorney in New York on your case, and examine every piece of evidence that could help your case. Contact us anytime – day or night – for a FREE consultation.
NEW YORK — When a doctor has informed you that you have mesothelioma, or that a loved one has mesothelioma, it can be a shock. What is mesothelioma? How is Mesothelioma Treated? How do you get the best doctors? There are a lot of questions, you may want to ask. The mesothelioma attorneys at Cellino & Barnes can help you get answers.
What Is Mesothelioma?
Mesothelioma is a specific type of cancer that is only caused by asbestos exposure. Although millions of dollars have been invested into researching the disease, doctors have not found a cure. Therefore, the treatment options are meant to make the patient’s remaining years as comfortable as possible while keeping the disease from spreading.
How Is Mesothelioma Treated?
There are several treatment options for patients with mesothelioma, and all of these options should be thoroughly discussed with a medical professional:
Surgery. When the cancer has already spread into other parts of the lungs, or other organs, surgery is a possible method of treatment. It’s important to note that surgery hasn’t been 100% effective at treating the disease. Instead, the main goal of surgically removing a tumor is to reduce the amount of pain a patient is in.
Chemotherapy. One of the most common treatment methods, chemotherapy may help reduce the size of the tumor using chemicals. Although it’s been successful in reducing the size of cancer cells and relieving pain associated with mesothelioma, chemotherapy also has a number of negative side-effects that should be discussed with a medical professional.
Radiation Therapy. This has become a key element of many cancer-treatment plans. However, radiation alone can’t manage mesothelioma. It’s commonly combined with chemotherapy, surgery or both.
Other treatment methods. There is no proven cure for mesothelioma, but that isn’t stopping doctors from trying to find one. There are many investigational therapies and medicines being tested right now. It’s important however, to discuss these potential options with your doctor.
Getting the Best Mesothelioma Attorneys & Doctors
Some of the best mesothelioma attorneys in the nation do not charge their clients with up-front fees and costs. Instead, they use what’s called a ‘contingency fee,’ which is a percentage of any settlement or verdict they win for your family in court. The mesothelioma attorneys at Cellino & Barnes have a “No Fee Promise” which guarantees clients that they won’t owe anything unless their mesothelioma lawyers win your case.
Additionally, an experienced mesothelioma attorney can make sure you get the best doctors to help manage the cancer. Whether you contracted mesothelioma as a Navy veteran, a factory worker or by using regular household products, Cellino & Barnes can help you get the best doctors on your side, and the best result possible from your claim.
NEW YORK — Getting around New York City, you might notice that the streets aren’t very forgiving. With few places to park and so many pedestrians, there’s a high risk of severe accidents. According to a at Cellino & Barnes, more than 11,000 pedestrians were injured in accidents last year. That’s roughly 30 people every day!
Injury lawyers in New York say accidents can happen for several reasons, but some of those reasons are more common than others. The following are the top causes of pedestrian injury accidents in and around New York.
Drivers Turning Left
Even when pedestrians cross at designated crosswalks, drivers turning left are 3 times more likely to hit them than if they were turning right. This is because both parties are looking in opposite directions.
Signaled crosswalks make it obvious to drivers that they should expect pedestrians to cross the street where the signal is located. Although drivers are required to stop and allow pedestrians to cross a road, impatient drivers may be less likely to do so if they don’t anticipate the presence of pedestrians at a particular location, or at a certain time.
For example, drivers at night expect to see fewer pedestrians on the road. So, their driving habits often change, usually for the worse.
Distracted drivers are one of the biggest threats to pedestrians; however, pedestrians sometimes put themselves in grave danger when they fail to pay attention to traffic because they’re using their electronics. A New York personal injury lawyer says many serious pedestrian accidents can be difficult to prosecute, because there’s evidence that the person crossing the street wasn’t paying attention.
The same can be true on the other side of things. Drivers have a responsibility to maintain control of their vehicle and avoid hitting other objects, including parked cars and pedestrians.
Pedestrian accidents routinely occur in parking lots or on streets where drivers are backing into the road from a parked position. Most new vehicles come with rear-view cameras to help reduce these accidents, but they’re not always 100% accurate. Many backup cameras have blind spots, and if a driver relies too heavily on this tool, they could be responsible for an accident.
Who is most likely to get hurt in a Brooklyn pedestrian accident?
A personal injury lawyer in New York has put together the following statistics based on public data and their years of experience handling personal injury cases in New York:
Children and the elderly face a greater risk of being hit by a car, truck, cyclist or other motorist.
One-fifth of kids 14 and younger who were killed in traffic accidents were pedestrians.
Nearly 20% of all pedestrian fatalities involved people 65 and older
Seniors also made up 11% of all injured pedestrians.
Between men and women, men carry a higher risk of being killed in traffic accidents. According to a recent NHTSA’s report, they made up 70% of all pedestrians killed in traffic crashes.
Alcohol also plays a huge role in pedestrian accidents. The report found that nearly half of all crashes resulting in pedestrian fatalities in 2013 involved alcohol. Approximately 34% of all pedestrians killed had a BAC at or above the legal limit of 0.08 grams per deciliter of blood. About 15% of drivers had BACs at or above that limit.
Even the most responsible pedestrians cannot control the actions of a reckless driver. At Cellino & Barnes, it’s our job to hold negligent drivers and their insurance companies responsible for your traumatic injury. Our team of personal injury lawyers in Brooklyn has recovered over $2 billion in settlements and verdicts for our clients. Call us for a FREE consultation.
NEW YORK – When an accident leaves you injured, it can trigger many negative events. A Brooklyn personal injury lawyer says you may not be able to work, pay your bills or afford the best medical treatments. In many cases, you may be entitled to receive compensation for these headaches. To get the best possible result from a personal injury claim, you have the right to hire an experienced personal injury attorney in Brooklyn.
Many people who become involved in accidents may not think about contacting an attorney or might hesitate to do so, but an attorney is a vital asset to have! A personal injury attorney in Brooklyn can ensure that you get the largest compensation owed to you after any type of accident.
There are five common reasons people choose to work with attorneys after becoming injured in a crash. Could an attorney be right for you?
Why People Hire Personal Injury Lawyers
Personal injury lawyers help accident victims take on the task of filing an insurance claim and pursuing a fair settlement or lawsuit, if necessary. Accident victims who are in pain can rely on an experienced lawyer to handle these complex tasks. Just as you rely on a tax professional to help file your taxes, you can rely on a personal injury lawyer to help you get the best possible result from your claim.
Lawyers are Expert Negotiators
An experienced injury accident lawyer will know exactly what to say when discussing your accident with the insurance companies involved. They’ll also step-in to negotiate for more compensation based on calculations they’ve made about the value of your injuries, property damage, and any pain and suffering you have endured. Without the lawyer’s expertise, you may miss out on a fair sum.
Lawyers Can Prove Liability for your Injuries
For a victim to receive compensation, it’s crucial to prove that the other driver was at fault for the accident. It’s often very difficult to do so without the help of an attorney. Without an attorney representing your interests, the accident case becomes a “he said, she said” scenario as the other party will try to shift the blame.
Your attorney will be able to hire accident reconstruction experts to recreate the moment you were injured. They’ll also be able to interview witnesses and the doctor who treated your injuries. Your lawyer will first start by gathering your medical records and the police report taken at the scene. It may be challenging to gather all this information yourself while you’re recovering.
Lawyers Can Calculate the Value of your Injuries
Personal injury lawyers in Brooklyn use their experience to accurately gauge the value of your case. You may be entitled to compensation for several losses, depending on the severity of the collision. Your attorney will seek the maximum compensation for:
One additional reason people trust personal injury lawyers with their accident claims is the fact that they prepare your case to go to court, if necessary. When the insurance companies simply won’t give in to reasonable demands, the next step is to litigate your accident in front of a jury.
At Cellino & Barnes, our Brooklyn personal injury lawyers are fully knowledgeable and prepared to go to court to fight for the compensation you deserve. We have over 60 years of experience fighting for the rights of injured victims throughout New York and will not take a fee until we win your case. Contact us at any time for a free consultation or complete our contact form.
Cellino & Barnes (800) 888-8888
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