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Archive for the ‘Personal Injury’ Category

I signed a waiver. Does that impact my ability to pursue compensation if I am injured?

Posted on: May 6th, 2020

Signing Liability WaiverThis day and age, liability waivers are everywhere. From amusement parks to gym memberships to school field trips, many people sign waivers of liability, hidden away in the fine print, without even realizing it. But what happens on the off-chance you do sustain a personal injury and discovered that you signed a waiver? Did you really sign away your legal rights to sue and pursue compensation for your injuries?

New York is a special state, providing certain protections for citizens who are hurt by the negligence of others, often regardless of whether or not a waiver of liability was signed. Learn more about waivers and the New York State laws that govern them below. (more…)

Coronavirus Update for our Clients

Posted on: March 23rd, 2020

At the direction of New York State Gov. Andrew Cuomo, effective 8:00 pm Sunday, March 22, 2020, our Albany and Saugerties offices will be closed to the general public. Please be assured, we remain fully capable of providing timely and effective legal services.

Our attorneys and staff are working remotely from their homes and are able to connect to the firm’s computer network, as needed. We are also able to receive voice messages remotely and respond remotely.

We are committed to continuing to serve you. We are conducting consultations and meetings by phone and video. However, for your safety and ours, for the time being, all interactions must occur via telephone or video. We are not accepting “walk-in” appointments at this time. If you need to meet with your attorney, contact us via email or phone and we will respond.

Our number one commitment is the continued health and safety of our employees and clients. Thank you for allowing our firm to be of service to you and your loved ones in these challenging times.

If you have any questions, please contact the attorney(s) handling your case, or our Firm Administrator, Scott Adelmann at (518)465-3553.

Thank you.

All-Terrain Vehicle Safety & New York State ATV Laws

Posted on: March 1st, 2020

All Terrain VehicleIts ATV season in Upstate New York and every year, riders are killed or seriously injured in our area. New York has some of the highest fatal ATV accident rates in the country.

If you’re thinking of buying an ATV, or you already have one and you’re ready to head out, take a few minutes to do a little homework and familiarize yourself with some key safety precautions to take when operating ATVs. It might save your life or the life of someone you love. (more…)

Understanding New York State’s Serious Injury Threshold

Posted on: February 28th, 2020

Doctors analyzing the X-ray of a serious injuryUnfortunately, victims of car accidents often suffer from personal injuries, ranging from mild sprains and bruises to catastrophic and life-changing wounds.

However, not every injury can result in a lawsuit as a result of New York’s Serious Injury Threshold.

If you’ve been injured in New York and you’re considering pursuing a personal injury lawsuit, your first step should be to determine whether or not your injury is considered to be serious based on New York’s guidelines and standards. (more…)

Understanding MVAIC: Help For Those Uninsured & Injured in a Car Accident

Posted on: December 15th, 2019

bike accident involving an uninsured cyclist We’ve talked about personal injury awards in car accidents given New York’s no-fault system quite a lot on this blog, including this post on New York’s serious injury threshold and this one on who pays for injuries to cyclists.

But what happens if you don’t own a car (and therefore don’t have no-fault coverage yourself) and you are injured by the driver of a stolen car, or a driver who is uninsured, or a driver who leaves the scene of the accident? Who can you turn to make you whole after your injury?

Fortunately, the State of New York has an indemnification fund for this very purpose: the Motor Vehicle Accident Indemnification Corporation (MVAIC). (more…)

The Duties of a Bus Company – What to Expect When You Travel by Bus

Posted on: October 26th, 2019

Bus seatBus transportation can be a convenient option when traveling for business or pleasure. By letting someone else take care of the driving and navigating, you can relax and enjoy the trip or get work done while you are traveling.

But while bus travel is often an ideal option, there are still risks associated with traveling by bus. Though many bus companies provide safe transport for passengers, incidents and accidents do happen. When they do, it is important to understand the duties of a bus company and understand your rights should you be injured. (more…)

What To Do If Your Insurance Company Requests an Examination Under Oath

Posted on: October 14th, 2019

Taking an examination under oathWhen you make a claim against your insurance company—which you will likely do following your involvement in an accident that leaves you injured—the carrier may request to take your testimony. This procedure, called an “Examination Under Oath” (“EUO”), is frequently performed if the insurance carrier considers your claim to be fraudulent or meritless, or if they are considering disputing coverage.

EUOs can be nerve-racking—even if you’ve done nothing wrong—and have a significant impact on your insurance payout. Below, we’ve broke down some of the most frequently asked questions we get about EUOs from clients when their insurance company requests an examination under oath.
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What should I do if my child chokes on a product that was not appropriately labeled as a choking hazard?

Posted on: September 15th, 2019

Child Chewing On ToyAny parent can tell you that there’s no stopping what children will put in their mouth. From toys to clothes to household objects, no object is safe from a toddler’s clutches. Unfortunately, many of these objects contain small parts that are potential choking hazards and could cause serious injury or even death. In fact, choking is the fourth leading cause of unintentional death in children under the age of 5.

But who is responsible for these choking hazards and what products require a choking hazard label? If your child chokes on a product that was not appropriately labeled as a choking hazard, you may be entitled to compensation. Learn more about choking hazard laws below: (more…)

The Perils of Dining at Restaurants: Food Poisoning Claims

Posted on: August 15th, 2019

Close up of bacteria that causes food poisoning from restaurantsIn a previous blog post, we discussed finding foreign objects in food. In this week’s blog, we discuss another frequent concern when dining at restaurants: what to do if you believe a restaurant gave you food poisoning?

What is Restaurant Food Poisoning?

Restaurants often implement strict protocols to keep their kitchens clean and the food that they serve safe for consumption. However, the possibility of personal injury from food poisoning always remains. (more…)

What is a Traumatic Brain Injury?

Posted on: July 18th, 2019

Doctor holding a stethoscope with "traumatic brain injury" textTraumatic brain injury (also known as “TBI”) is a complex injury that can result in a broad spectrum of symptoms and disabilities. The impact from a TBI on a person and his or her family can be devastating because oftentimes the injured person is no longer able to do everyday things that once seemed routine. Additionally, significant financial needs often arise as a result of TBI. From not being able to work to paying for the expensive treatments and therapies necessary to help the injured person reach their maximum level of recovery, TBI can be financially overwhelming.

As personal injury lawyers, we’ve represented numerous clients who have suffered a traumatic brain injuries from accidents that were not their fault. In order to better educate the public, we’ve compiled the following information about TBI, including causes, sign & symptoms, recovery, and getting the legal help you need if you’ve been impacted by TBI to get the compensation you deserve. (more…)

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