NEW YORK – If you were recently awarded a settlement for a personal injury accident in New York, you might have been surprised to learn that you have a lien against your settlement funds. According to top personal injury lawyers in Queens, a lien is a legal right that allows a person or entity (usually a healthcare provider) to take part of your settlement award as payment for a debt that you may owe. Liens are often placed on personal injury settlements when a creditor covers the upfront costs of care soon after an accident takes place.
Liens generally stay put until the debt is paid off. In some rare cases, it may be possible to negotiate the lien down and avoid the full cost of the debt. If you have a lien on your personal injury settlement, a personal injury lawyer can help you ensure you don’t pay back more than what is required by law.
Who Can Put a Lien on My Personal Injury Settlement?
A “lien holder” is the entity to whom you owe a portion of your personal injury settlement. Typically, these entities include:
Healthcare providers such as doctors, clinics, and hospitals
Medicaid, Medicare, or the Veterans Administration
Health and auto insurance providers
Liens typically arise on a personal injury settlement when the injured party cannot afford treatment(s) he or she received immediately following the accident. If you were injured in an auto accident in New York and could not afford medical care at the time, you likely owe your healthcare providers who covered the costs. You may have multiple liens against your accident settlement gains depending on how many entities covered your immediate expenses.
Healthcare Provider Liens in New York
The most common entities that place liens on personal injury settlements are healthcare providers. They can place liens one of two ways:
Making you sign a letter of protection before providing healthcare
Exercising their lien rights under state law
A lien is an agreement between two parties that the injured party will repay healthcare provider for medical treatment through the injured party’s settlement award. Failing to pay back your debt may result in legal action against you.
Other Entities to Whom You May Owe a Debt
Other entities to whom you may owe a portion of your personal injury settlement award may include Medicaid and Medicare. If Medicaid or Medicare covered the costs of your treatment, you likely have a lien against your settlement. Your private health and auto insurer may have also placed liens on your settlement award if they paid for a portion of your medical bills prior to you settling your claim.
Receive Fair Compensation for Your Accident in New York
It is important to note that there is a little a personal injury attorney can do to reduce or forgive a lien. Once a lien is approved by a judge, it must be repaid.
Top personal injury lawyers in Queens will make it a priority to ensure your settlement covers every dime of your medical bills, transportation costs, and other expenses associated with your injury, as intended. At Cellino & Barnes, our team of trial lawyers represent clients who have been injured in car accidents, medical malpractice cases, and more. Call now for a free consultation.
NEW YORK — The holiday season tends coincide with a spike in calls to New York personal injury lawyers. The fact that more people need lawyers this time of year isn’t quite a coincidence — people are busier this time of year, traveling more to see their loved ones and getting all the items on their shopping lists. With more traffic on the roadways, in shopping malls, and other public places, a person’s chances of experiencing a personal injury accident skyrocket.
While the holiday season has its joyful moments, it is often a hectic time for people — especially New Yorkers. The city of New York attracts 5 million visitors during the holidays, most who stay in Manhattan to see the city’s enchanting Christmas displays.
A surge in population this large often correlates with an uptick in accidents. If you are injured while traveling or shopping in Manhattan, be sure to speak with a Manhattan personal injury lawyer before accepting a settlement offer.
Premises Liability Accidents During the Holidays
Each year, you can expect to see a news segment covering Black Friday sales. Sometimes, journalists report on injuries and even deaths that occur in the midst of the chaos. Black Friday is an especially dangerous time to visit brick-and-mortar stores; for many families however, Black Friday shopping has become a tradition.
Some of the most common accidents that occur on Black Friday are:
Trip-and-falls from loose wires, holiday decorations, and defective flooring
Being hit with falling items from overstocked shelves
Assault from other shoppers
A number of mild to severe injuries may result from any one of these accidents.
Home Injuries During the Holidays
Many people sustain injuries in the comfort of their own homes at this time of year. Whether you are a fan of lighting up the inside or outside of your home, installing light displays can pose a threat, as can cooking for large groups. Defective holiday lights may lead to electrocution and present a fire hazard, as can keeping busy in the kitchen.
Other home holiday risks may include:
Falling from a ladder while setting up holiday decorations
Millions of Americans skip town to meet up with family and friends in other parts of the country. Whether you choose to travel by plane, train, or automobile, the surge in travelers correlates with an increase in accidents while traveling.
The holiday season has likely made a dent in your wallet. The last thing you need is to pay for an unplanned medical expense. With an attorney from Cellino & Barnes by your side, you may be able to recover funds for:
And it is a big decision. Here are some common myths and facts about hiring a personal injury lawyer:
Personal injury lawyers can be expensive – MYTH. Many personal injury attorneys will only take a small percentage of the settlement or verdict they’ve won for you. If they don’t win anything, you won’t have to pay them!
Personal injury lawyers can help you get much more than the insurance company’s initial offer – FACT. Even if an insurance company calls you and offers you a million dollars to settle right now, they’re likely holding back. The big insurance companies are notorious for playing games with injured victims, often keeping them from getting fair compensation for their injuries.
A lawsuit will raise your insurance rates – MYTH. It’s no secret that court costs are expensive; and the insurance companies are sure to hire pricey attorneys in an attempt to save a few bucks, at your expense. Yes, your rates may go up – but they can go up regardless of whether you filed a lawsuit or not. Insurance companies measure your likelihood of getting into an accident, and just one accident (whether you were at fault or not) could cause a slight increase.
Hiring a personal injury lawyer is the best way to secure a fair settlement – FACT. When you hire an experienced personal injury lawyer at Cellino & Barnes, you’re not just hiring an attorney – you’re hiring a team that will fully investigate your accident, and find every possible way to get you compensation. In addition to this investigation, our team will be your advocate throughout the negotiation process and in court.
Top Five Reasons Why You Should Hire A Personal Injury Lawyer
Still need more reasons to hire a personal injury attorney? That’s why Cellino & Barnes have put together these top five reasons to hire one of our best personal injury lawyers in Rochester:
Experience With Handling Claims. Our team is focused on handling accident cases. If you’ve been in an accident and you’ve been injured, there’s a good chance our Rochester personal injury lawyers can help, because we’ve handled thousands of cases similar to yours.
Settlements & Verdicts Are Higher. On average, those who hire personal injury lawyers get 3.5x more from a settlement or verdict than those who don’t hire an attorney, according to the Insurance Research Council. In our experience, our Rochester personal injury lawyers have helped our clients get settlements that were 10, 20 and even 30-times more than the insurance company’s initial offer.
We Have Many Resources. In order to build a solid case, you need to put together as much evidence as possible. Cellino & Barnes has the resources to investigate your claim, and hire the best experts to help support your claim.
Saves You Time. There’s no need to haggle with insurance adjusters if you hire an attorney. We’ll put our negotiating skills to work, and file all the time-consuming paperwork that is necessary to get the best results possible.
No Fees If We Don’t Win Your Case. There’s absolutely ZERO risk to you. If we don’t win, you won’t owe us anything. If we do, we only take a small percentage of what we won for you. That’s our No Fee Promise: You have nothing to lose — but everything to gain by calling Cellino & Barnes.
In all cases, there are just two requirements needed to qualify for a personal injury claim:
You were in an accident
You were injured in that same accident
If you meet both of these requirements, you may have a case we can help you with. Even if you’re still not sold on hiring a personal injury attorney, we can at least help answer any questions you may have about the claims process.
Since every case is unique to you and your situation, our best personal injury lawyers in Rochester are available 24/7 to help answer your questions for FREE. Our team has handled many different cases, and that experience has allowed us to become familiar with all types of accidents and injuries. If you have any questions about your accident, your injuries, or how an attorney can help you get the best result possible, give us a call!
Contact us here for a free case evaluation. We’re ALWAYS available to help – day or night.
NEW YORK – Roadways in Queens are designed to be used by everyone — motorists, cyclists, pedestrians, and anyone else who needs to get around. Everyone shares the responsibility to follow road rules, yet the people operating the heaviest machinery like cars and trucks must pay closer attention to everyone else sharing the road.
Although there are laws dictating the rules of the road for each type of user, accidents are a common occurrence. Distractions like cell phones, food, and even passengers lure drivers’ eyes away from the road. Unfortunately, pedestrians involved in car accidents suffer the most, even in low-speed collisions.
How to Find a Quality Pedestrian Accident Lawyer in Queens
Pedestrian accident cases are fairly common in and around New York City. In Queens, a large percentage of residents travel on foot; therefore, the odds of becoming injured and requiring the services of a quality accident lawyer are high. If you’ve been injured in a pedestrian accident, these tips might help you find the best lawyer for your case.
Find a lawyer who has handled cases similar to yours. In most instances, personal injury lawyers who dedicate a large portion of their practice to car accidents are qualified to handle pedestrian accidents. When researching personal injury lawyers in Queens, be sure to ask if they have successfully recovered compensation on behalf of pedestrians, and review some of their case results.
Seek recommendations from friends and family. It is not only possible but likely that someone in your social circle has been involved in a motor vehicle accident at some point in her life. Don’t hesitate to ask for referrals and find out what your friend liked best about her attorney.
Scour lawyer directories. Lawyer directories can sometimes provide comprehensive profiles that show each attorney’s biography, focus, helpful information, and even testimonials from previous clients that can help you get a feel for his or her practice. At the very least, these directories should provide contact information and a link to the attorney’s website so you can learn more.
Search online for pedestrian accident lawyers in Queens. A good place to get started is a Google search. While you will likely see dozens of results, review each website’s information and make a shortlist of a handful of attorneys you’d like to meet in person for a free consultation.
At Cellino & Barnes, we frequently assist pedestrians in getting the compensation they need from the entities responsible for hurting them. Our attorneys focus on providing aggressive representation for injured parties, so that they may receive the reward they deserve to move on with their lives after a severe accident. Schedule a free consultation to discover why our team is an ideal choice for resolving your Queens personal injury case.
BUFFALO, N.Y. – After experiencing an unexpected car crash, you might be wondering whether you need to work with an attorney in Buffalo to help you handle the process of filing an insurance claim. Depending on the severity of the crash, the extent of your injuries and any property damage, it may not be a necessity. You must reflect on how comfortable you feel handling the claim yourself in the aftermath of the crash. Ultimately, you will likely have a better experience working with an auto accident attorney from the start rather than attempting to resolve the case yourself and then passing it off to a professional.
It’s tricky to know whether you need an attorney to get involved, as the extent of your injuries and how long it may take you to heal from them may not be apparent right away. If you are unsure of how to handle a car insurance claim, you should at least discuss your case with an attorney before making the final decision of whether to hire one or resolve your case without legal assistance. Many of the best Buffalo personal injury lawyers offer free consultations, including Cellino & Barnes.
Minor Accidents with Few to No Injuries
For very minor accidents like low speed rear-end car crashes which result in minimal property damage, the process of filing a claim under your own insurance policy will likely be straight-forward. If you were struck by another driver but endured just a few cuts, bruises, and scrapes or minimal property damage to your vehicle, you might not have difficulty getting a fair settlement from your insurer in a timely manner; however, you should keep in mind that insurance companies routinely deny insurance claims to avoid compensating their policyholders.
Benefits of Hiring a Buffalo Personal Injury Lawyer Right Away
The sooner an experienced attorney gets involved in your case, the better your chances will be of obtaining the settlement you deserve. It’s common for insurance companies to start contacting you immediately after an accident. Representatives from these companies seek answers to a variety of questions that you are advised not to provide without consulting with an accident lawyer, as you might unwittingly give information that hurts your case. In complicated accidents or in cases involving a wrongful death, the police may also seek to question you.
An attorney with years of experience dealing with insurance representatives and law enforcement officers is best suited to provide those answers on your behalf without compromising your case. Working with a lawyer will also free you from the pressure of facing an onslaught of communication from third parties while you try focusing on your health.
In the majority of situations, hiring a personal injury lawyer in Buffalo to help you resolve your accident case is a worthwhile investment. Lawyers are instrumental in helping you recover the compensation you legally deserve. While insurance companies only look out for their bottom line, Cellino & Barnes will put their best Buffalo personal injury lawyers on your case, and make sure your best interests come first. Contact us for a free consultation.
From car accidents to slips, trips and falls while trick-or-treating, there are a lot of things that can go wrong this Halloween. New York personal injury lawyers say the best way to avoid an accident is to be aware of the dangers:
Pumpkin/Carving Injuries – by far, the most common injury this time of year, the CPSC found that 41% of all fall time injuries stem from the giant orange vegetable. According to doctors, Halloween is the fourth busiest holiday for hand injuries.
PRO TIP: Use pumpkin-specific carving knives, and carve from the top-down.
Costume Injuries – they come in all shapes and sizes, and costumes can be a real pain if you’re not careful. A third of all Halloween-related injuries can be blamed on costumes and decorations.
PRO TIP: Make sure the costumes fit correctly. Over-sized costumes can easily become a tripping hazard.
Car Accidents – kids are twice as likely to be hit by a car on Halloween than on any other day of the year. Wearing dark-colored costumes that require masks make trick-or-treating extra dangerous.
PRO TIP: Carry glowsticks and flashlights when out at night. It would also be wise to wear reflective costumes to make drivers aware of you on the street.
Food Poisoning – the Halloween season is capped off by a night of trick-or-treating. But with so many foods recalled due to health concerns, it’s important to check labels and “best by” dates.
PRO TIP: Check all candy labels for allergens. If you or your child has an allergy to peanuts, for example, it’s best to avoid many types of candy.
Other Injuries – any number of things can go wrong on All Hallow’s Eve. “Haunted Houses” can be wrought with dangers (both real and fake), and in some cases, Halloween games have been known to get out of hand. However, the best practice is to be prepared.
PRO TIP: Always have a phone nearby in case of an emergency
What To Do After An Accident on Halloween
It might not be possible to 100% remove risks from Halloween. Whether you’re looking after children or just yourself, the best we can do is follow the best Halloween safety tips and try to enjoy yourself.
However, if an accident does happen, don’t panic. Get immediate medical attention, and contact Cellino & Barnes. Whether you were hurt in a car crash or a trick-or-treating slip and fall, we can put our best New York personal injury lawyers on your case, and help you get the best result possible.
Don’t let the insurance companies drag you down! Cellino & Barnes is on your side, and we’ve helped thousands of New York families recover over $2 billion after their accidents. Contact us for a FREE case evaluation:
BUFFALO, N.Y. — Every state restricts the amount of time in which a person may pursue legal action for a personal injury case. This time limit is called the “statute of limitations.” In New York, those who are injured by a third party must comply with the statute of limitations and file a lawsuit before the time runs out if they hope to recoverfinancial damages for their personal injury accident.
New York’s Statute of Limitations for Personal Injury
If you wish to pursue legal action for a personal injury accident in Rochester, you have just three years from the date of the accident to begin the process. This means that you must file the complaint and all accompanying paperwork within three years from the date the accident took place and not three years from the time you discovered your injuries.
Does this mean that if you fail to file a lawsuit within three years, you can no longer recover for your injuries? What options do you have if you miss the deadline? In rare cases, the statute of limitations in New York may be extended.
Seeking Damages After Time is Up
The defendant against whom you attempt to file a lawsuit will almost certainly file a motion to dismiss your lawsuit if you file after the statute of limitations expires. The court will more than likely dismiss your case unless a rare exception allows you to have extra time. If the court denies your lawsuit, you lose the right to pursue compensation for your losses, no matter how badly the defendant hurt you.
Exceptions to the 3-Year Statute of Limitations
In some cases, it may be possible to pursue a lawsuit after the statute of limitations has expired. The following circumstances may require more time:
If an injured person is under 18 at the time of the accident or considered to be of unsound mind, the three-year clock won’t start until the person turns 18 or is declared sane.
If the at-fault party leaves New York after causing the accident and before the lawsuit can be filed, and is gone for four months or longer, the period of his or her absence won’t count toward the three years.
If you have any questions, it’s best to seek the guidance of a professional personal injury lawyer in Buffalo. Cellino & Barnes has helped many clients recover the compensation they need to get back to their lives after a severe accident. Contact us for a FREE personal injury consultation, and we’ll connect you with our best personal injury lawyer for your case.
NEW YORK – At some point in your life, you’re probably going to be in an accident. According to a personal injury lawyer, New York residents will have at least five accidents in their lifetime. We’re not just talking car crashes. From slips and falls to medical malpractice, accidents happen to almost everyone. At some point, you’re going to need to learn how to choose the best personal injury lawyer for your case.
Relatively speaking, a few accidents over the course of a lifetime is still a rare occurrence. So, it’s no surprise that most accident victims don’t know where to turn.
No one wants a lawyer. But at some point after an accident, you’re probably going to need one.
Unfortunately, the big insurance companies are happy to take monthly payments from you (and everyone else), but they’re often shy when it comes to fairly compensating someone for an accident that wasn’t their fault! That’s not fair. And in these cases, a personal injury lawyer could help you get the compensation you need to pay for things like:
Pain & suffering
Inability to work
Okay, so now you know how a Brooklyn personal injury lawyer can help you. But there are dozens of lawyers to choose from in your neighborhood alone! You’re going to need to cut out the noise and know how to choose the best personal injury lawyer for your specific case.
How To Choose The Best Personal Injury Lawyer
There are several things you should first evaluate before you start looking up lawyers on the search engine. Here are some things to consider:
What kind of accident were you in?
Where did it happen?
When did it happen?
Is the accident complicated? (Many possible parties involved)
These questions should play a huge role in determining who’s the best lawyer for you. Just like you wouldn’t go to a pizza shop for ice cream, you probably don’t want to hire a divorce attorney for your personal injury claim. You’re also going to want someone local, with experience working in the area court systems.
The bottom line is, you should do your research! Make sure whoever you choose as your attorney has a skill set that is tailored to your type of accident.
At Cellino & Barnes, we have scoured the nation to find experienced Brooklyn personal injury lawyers who not only know the law, but also know the injuries that are associated with each type of accident. From car accident lawyers to roller coaster accident attorneys, our team has an experienced attorney who has handled accident cases similar to yours. We know what to expect, and we know how to help you get the best results possible.
ROCHESTER, N.Y. – Millions of people get hurt in accidents every year. Whether you were in a car crash, a fall, medical malpractice injury, or some other kind of accident, you may be considering a personal injury claim. But How Difficult Is It To File A Personal Injury Claim In Rochester?
It really depends on your specific situation, a Rochester injury lawyer says.
How Difficult Is It To File A Personal Injury Claim In Rochester?
There are many different kinds of personal injury cases, and each one has specific deadlines that need to be met. Although anyone can file a personal injury claim, if you don’t know what you’re doing, you could be leaving thousands of dollars on the table (or more).
However, an experienced personal injury lawyer in Rochester on your side can help you get the best results possible. Here are some of the things an injury lawyer can do for you:
Investigate your accident and all possible sources of compensation
File all necessary paperwork on-time
Work with doctors to get you on the track to recovery
Assess a likely value of your case, based on experience and comparable cases
Negotiate with the big insurance companies to get a fair settlement
Prepare your case for trial, in case the insurance company is unwilling to settle
Hire experts to bolster your case
Filing a claim is not the difficult part. But, winning a personal injury claim can be a challenge without the right resources.
Who Can Help?
Not every case is worth the same compensation. But every case you have is the most important case to you. At Cellino & Barnes, our team of experienced personal injury lawyers understands how important your case is to you and your family. That’s why we treat each case like our only case.
When you choose Cellino & Barnes, we’ll connect you with our best Rochester personal injury lawyer for your case. That way, you’ll know that your legal team not only has the resources, but the experience and knowledge needed to help you get the best result possible.
Not sure if you have a case? Contact us for a FREE case evaluation.
NEW YORK – According to an experienced Accident Attorney, New York businesses must have workers’ compensation coverage for their employees. These benefits extend to nearly every kind of employee, including those injured in a construction accident, shipyard accident, farming accident, or another type of work-related injury. If you have been hurt on-the-job in New York, you are likely entitled to benefits.
What is a “work-related injury”?
It may seem obvious that work-related injuries take place at work; however, certain facts of a case may make it difficult to validate a claim. Some examples of obstacles that may deter a workers’ compensation claim are:
The incident occurred during the employee’s break
The incident occurred during a company event
The incident occurred through the victim’s own misconduct
The incident occurred because a work duty exacerbated a preexisting health condition
Receiving workers’ compensation benefits after a construction accident may still be possible in the above situations depending on other facts of the case, which is why we always suggest calling an experienced personal injury lawyer for a FREE case evaluation.
What are my rights if I get hurt at work?
Very few businesses are exempt from complying with New York’s workers’ compensation laws, meaning that, if you work for a company of any size, part-time or full-time, or even if you volunteer, you likely have benefits waiting for you if you become injured or ill in the workplace.
By law, it is your right to file a claim through your employer’s workers’ compensation insurance policy when you become injured or ill at work.
You also have the right to see a doctor and receive medical treatment.
If your doctor releases you, you have the right to return to your position in the workplace.
If you cannot return to work because your injury or illness prevents you from doing so, whether the condition is permanent or temporary, you have the right to disability compensation.
You have the right to appeal any decision made by your employer, your employer’s insurance company, or the New York Workers’ Compensation Board.
You have the right to an attorney to represent you throughout the process of obtaining workers’ compensation benefits or that of filing a lawsuit against your employer.
How You May Lose Certain Rights
If you choose to pursue workers’ compensation benefits, you automatically void the right to sue your employer, coworker, or any other party that may be responsible for your injuries. Additionally, failing to report the injury altogether can cause you to lose the opportunity to receive workers’ compensation benefits. It’s important to report your accident to your employer as soon as possible, as there is a short window of time in which you may pursue a claim.
Our Bronx construction accident attorneys have helped many workers get the best results possible from their claims, and it all starts with on call. Discussing your rights and legal options with a qualified workers’ compensation lawyer in New York. At Cellino & Barnes, our top priority is to help you get the maximum compensation you are entitled to by law.
Call one of our Bronx construction accident lawyers at any time for a free case review.
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.