Ribowsky Law

There is always a high chance in a person’s existence to require some legal assistance or support when faced with issues which can’t be individually resolved. Most of these problems may vary, but a legal presence will go a very long way to seek common ground and solution to each one of those problems. Out of these various incidents, the ones which are commonly highlighted are legal battles concerning personal injury and torts. It is the right of every single individual to seek justice in the face of any disparity. These laws which we are about to explain helps maintain a balance between people of different classes by countering oppressive actions and providing a stage for the oppressed to make their claims. However, as these laws serve the same purpose in every region of the state, there are bound to be slight variations of adjudication in different cities. This reason is why below, we would be explaining the various laws that guide the settlement of personal injury and torts in queens for easier understanding and basic knowledge. But before we do, anyone seeking legal action in our area for negligence must make sure they hire a Queens Personal Injury & Accident Lawyer that understands the local tort laws. However, this article will help you to understand the laws better. Personal Injury Law Simply put, personal injury law covers any infliction of injury to an individual, be it bodily harm, or mental/emotional harm. It is best to know beforehand that this law doesn’t cover any form of damage done to property or any structure. Most of the time, personal injury is considered as a last resort when the person responsible for the incident chooses to look the other way or ignore the whole situation ever happened. This behavior forces the hand of the injured to seek legal action to receive reparations from the offender. Such compensation can come in the form of settling medical bills, fixing the cause of the injury, and improving the living conditions of the injured individual. Just as any other law in the state, personal injury laws requires procedures to be followed. These procedures are heavily influenced by the guidelines and rules set by the city. Guidelines have to be obeyed to succeed in such a claim. Here are the various processes you are likely to encounter when pursuing a personal injury claim; Initial Consultation First of all, you need to contact a lawyer that you deem trustworthy and capable. There are different lawyers for different situations, so always ensure you are going for the right one. You can utilize recommendations from close relatives and friends to make the right decision. Detailed Explanation of Your Injury The requirement of every lawyer is a factual and well-explained narration of the incident. The lawyer needs to be able to build a good case. You will also need to describe the nature of your injury to the lawyer to make him aware of the severity. The various negative changes in your way of life and daily activities also need to be said to the lawyer. This information can prove to be very vital at the beginning of your court hearing, to earn more sympathy and attention to your predicament. Evidence, such as objects that caused the accident and pictures to describe what caused the accident is also necessary to enforce your claims in the law court further. Witness or witnesses of the incident would also be beneficial. Everything provided will be compiled and arranged by the lawyer. Documenting an Official Claim When your lawyer has heard your case, he has to classify you as a personal injury plaintiff then. This issuance will automatically make whosoever is responsible for the injury a defendant of the claim. This claim will go a long way to notify the court of the city of your plight caused by the defendant, and your intention to seek compensation. Collection of Proofs When you’ve made the claim, the evidence is the next thing to seek. Documentations, such as insurance, witness claims, medical history and reports should be made available by you to your lawyer. It is also noted that the opposition might request for any form of evidence regarding your claim from you. You can also make requests for evidence of defense from the defendant. However, when both parties fail to make such contributions to each other, the judge of the case will take care of it. Testimony before Trial This testimony, known as an examination before trial, is usually hosted by lawyers of the two parties concerned, without the presence of a jury. This testimony acts as a form of verification for every single statement made and evidence used in the court of law. The EBT process is usually carried out due to its importance in case settlements. The lawyer would assist in getting you prepared for such a testimonial to eliminate anxiety. Meditation This aspect of a personal injury lawsuit can be very vital because it can lead to a quick resolution to the differences faced by both parties. The lawyer will act in your best interest to provide you with a reasonable settlement deal which will be arranged by the attorneys of both parties. However, if an agreement can’t be reached, the lawsuit will carry on as planned. Time of Trial After the needed evidence and examination has been gathered and certified, the lawsuit will then proceed. Everything now rests in the hands of your lawyer, whose sole job is to try his hardest to convince the jury of your situation and earn enough sympathy. He also needs to drive in the primary reason for the compensation required and make sure the thoughts of the jury align with yours. The witnesses provided will also help cement your claim, as well as medical bills and finances needed to overcome your injury. Adjudication and Settlement You will be receiving the financial worth of damages suffered if the lawsuit goes your way. However, while cost settlement is a fixed price, the cost of the verdict of the case can be contested by the defendant. Appealing a verdict can result in a potential increment or reduction of the original verdict provided. Torts Law Torts are very similar to personal injury. A tort can be described as a civil wrong. Just as personal injury, a tort can result to harm. However, a tort can also result in financial loss, privacy invasion, and depression/emotional distress. The sole aim for tort law is to seek an answer to civil injustice through mostly financial solutions. An individual that has suffered tort can apply for a claim to seek civil justice, but he/she must present viable evidence of harm and loss resulting from duty breach. To learn more about tort laws, you can click here. There are different tort laws for various infringements. However, we would be briefly explaining the laws set in Queens to repay those inflicted by tort; The restrictions guiding period of Lawsuit: Just as it states, this gives a period at which a lawsuit remains valid. It also provides a time at which a lawsuit can be filed. In Queens, distinctive laws are guiding the length of tort court cases. In related medical lawsuits, for example, you are provided with 30 months to file a lawsuit concerning medical malpractice. If the 30 months after the fault is exhausted, any tort lawsuit will be rendered invalid. Restrictions guiding amount to be paid for damages: This law takes care of the amount of financial penalty to be provided by the defaulter to the injured individual. This law helps to control outrageous bills given by the claimant to the defendant. However, in Queens, there is no limit to the financial penalty paid by the defendant, although considerations are made on the matter. Tort laws in divorce lawsuits: It’s no new thing that most divorce cases involve torts, especially when the reason for the divorce has to do with physical or emotional abuse. In some cases, these tort claims dramatically affect the outcome of a divorce lawsuit. In Queens, tort claims such as physical abuse and unjust treatment can be used to contest for a divorce. In conclusion, personal injury and torts aren’t something to be taken lightly or neglected. The number of neglected cases in Queens is on the rise. It’s up to you and other residents to report such cases, and it’s up to us to see that justice is served. That being said, if you are faced with an issue regarding personal injury and torts, do not hesitate to reach out to Ribowsky Attorneys in Queens to get a head start in your legal battles. You can reach us at 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 846-2081 https://www.mrinjurylawyerny.com/ to schedule a consultation. MRINJURYLAWYERNY.COM Understand Queens Personal Injury Tort Laws Once And For All

Queens NY is home to over 2.2 million people and the DMV estimates that about 15% of all drivers are uninsured. There is a law in New York that states that all registered drivers must have certain forms of basic insurance or else their car registration can be revoked. Included in this is uninsured and underinsured coverage, with a minimum amount being 25k per driver and 50k per accident. The intention of this law is to help protect the insured drivers from those driving uninsured since there is no insurance policy on the uninsured vehicle that can assist in paying for the accident. Many times though the insured driver soon realizes an unfortunate truth. Insurance companies are not easy to deal with. When is this relevant? Well since New York is a no-fault state, for basic, minor accidents it won’t be very relevant. No-fault means that the driver’s own insurance company handles their driver since no driver is “at fault.” if you have the minimum coverage of 25k and 50k then quite easily the damages from the accident can outpace the coverage. Costs for an accident include auto repair, medical bills, and lost wages. It is at this point typically that the other driver’s insurance would payout if you can prove it was caused by them, to cover the additional expenses. But since the second driver, in this case, is not insured, there are alternative ways of recovering funds. This is where an experienced auto accident attorney can help. Accidents of this nature can be so difficult because drivers without insurance are more likely to leave the scene of the accident. Additionally proving fault in general, even if you know the second party can be extremely difficult. Obtaining a personal injury lawsuit might be a choice. It is always important after an accident to: Gather evidence like pictures See if any eyewitnesses were there Gather names and numbers Seek medical attention A Queens Personal injury attorneys who specialize in auto accident claims like Ribowsky Law have handled countless auto accident cases specifically dealing with uninsured claims. You don’t have to face the insurance companies, medical bills, and recovery on your own. Our team of experienced lawyers handle the hard work and get the compensation you deserve. To discuss your uninsured auto accident claim, and explore your options of getting compensation, contact the legal experts at Ribowsky Law 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 https://www.mrinjurylawyerny.com/ MRINJURYLAWYERNY.COM Dealing With An Uninsured auto accident in Queens NY

With the construction boom in recent years, all of us in Brooklyn and NYC have grown used to seeing scaffolding around the buildings. Scaffolding is necessary to allow construction crews to do interior and exterior work on the building involving masonry, painting, windows roofing, and more. Anytime there is construction, the risk for personal injury accidents increases, and construction on buildings taller than 2 floors, this risk increases further. This is what led to the creation of the Scaffolding Safety Laws. The scaffolding safety laws are not a stand-alone law, but part of a larger set of laws that apply in Brooklyn which are included in New York’s Labor Law Section 240. The summary of them is that the contractor or property owner needs to take necessary precautions to avoid accidents, specifically regarding scaffolding. Typically employers are required to maintain a safe premise, which can be sufficient to have dry floors, no sharp objects, and steps identifiable. Regarding scaffolding, there is an additional level of action that must be taken by the contractor to ensure workers are safe. These actions are necessary so the contractors do not show negligence and accept responsibility for the injured workers. OSHA, who help set regulations for worksites, include some of the following actions in reasonable scaffolding safety precautions: Regulations of height and width Maximum weight capacity Assembly and disassembly regulations Weather and inspection guidelines. Additionally, the contractor must provide to their worker’s safety and fall prevention equipment. If the contractor did not, they can be held liable for the injury and would be labeled as negligent. Ideally, these laws encourage employers to take the necessary steps to avoid workplace injuries involving scaffolding. So even if there is no inspector, there is motivation to supply the proper safety equipment and follow the regulations or a lawsuit can occur. Unfortunately, contractors do not always follow this logic and this is why in recent years, personal injury lawsuits from construction site accidents involving scaffolding have increased. If a worker does one of a few actions which are clearly designated as negligent, like not using the safety equipment, or under the influence of drugs or alcohol the ability for a lawsuit decreases dramatically or is nonexistent. When you are looking to hire a personal injury attorney in Brooklyn who specializes in scaffolding accidents, they will base the case on what is permissible in New York’s Labor Law Section 240 (scaffolding Safety Law). It is essential to know your rights and document the accident carefully, and take action as soon as you can. Michael and Mark Ribowsky of Ribowsky Law always provide the highest level of attention and detail to each case worked on. Our clients come from all over Brooklyn and have experienced a scaffolding injury due to the negligence of their employer. If you are a victim of a scaffolding accident due to contractor negligence and want to discuss your case, contact the legal experts at Ribowsky Law. 109-12 Jamaica Ave, Richmond Hill, NY 11418. (718) 659-5333. https://www.mrinjurylawyerny.com/ MRINJURYLAWYERNY.COM www.mrinjurylawyerny.com

Personal injury lawsuits in New York have developed and taken shape in a similar manner to the rest of the country. The basics are pretty straight forward, there is one individual, the plaintiff, who is injured. This injury can come from a number of different scenarios, but some of the most common are slip and falls, hit and runs, car accidents, product liability, medical malpractice, and the list goes on. The reason the plaintiff is able to sue the defendant, usually another person or a company, is because the defendant was supposed to take certain steps to make their property or product safer, but because of negligence, they did not. Lawyers that specialize in these types of lawsuits are known as personal injury lawyers or accident lawyers. Let’s take a few examples: A wet floor in a restaurant and the restaurant did not put up a notice and/or clean the unsafe floor so a guest slipped and fell If a construction site does not provide hard hats or safety equipment to workers or people on-site and a piece of material or equipment fell on a worker. Scaffolding on the side of a building in NYC then was not installed correctly and fell injuring nearby people. All of these accidents resulted in injuries that would not have occurred if a simple action was taken, but it was not. The challenging aspects of personal injury lawsuits only now start taking effect. The injured party has accumulated medical bills, ambulances rides, lost income from missing work, lost time on travel, and being incapacitated, stress, pain and suffering. So the question that is always asked is “who should have to compensate them”. Everyone agrees that the injury is the fault of someone else, and most people agree that the at-fault party should pay. But how much? Some things are easy to calculate, like medical bills, as they have an economic value that is easily determined. But many things like lost time and pain and suffering are more difficult to determine. A local personal injury attorney who knows the legal landscape is able to assist with determining the value of the injuries. Their job is to get you the maximum amount out of the lawsuit, so you don’t come out of the injury with even a penny less than you had before. Many times you will be compensated above and beyond depending on the defendant’s level of negligence and your injuries. Personal injury attorneys usually operate on a contingency fee, otherwise known as no win no fee, so there is no upfront fee, and if the lawsuit is lost, you will not be responsible to pay for their legal services. This helps align incentives between the attorney and the plaintiff and encourage the law firm to pursue maximum damages as opposed to quick and easy settlements for less than they should. In all places, there is a statute of limitations to pursue a lawsuit, in New York it is 3 years. And a large number of cases, over 95%, are settled, so they are shorter than if they went to court. This also means that the defendant usually knows they are responsible for the injuries. Do you live in Queens, NY and have an injury from someone else’s negligence? We are the top-rated injury attorney in the area and give a free consultation to all potential clients: Ribowsky Law 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 https://www.mrinjurylawyerny.com/ MRINJURYLAWYERNY.COM Personal Injury Lawsuits In NY: Background And Basics

At some point, everyone has tripped while simply walking down the sidewalk. Sometimes, the falls that result are no fault of the pedestrian but are a direct result of poor sidewalk maintenance. If you or someone you know has been the victim of a poorly-maintained sidewalk, or if you would simply like to be prepared with the necessary information, the following article will equip you with what you need to know. We put together a quick guide on the laws surrounding sidewalk negligence in NYC? Who is Legally Responsible for Sidewalk Maintenance in NYC? According to New York City Law Section 7-210, since 2003, adjacent property owners are now responsible for the upkeep of all sidewalks in a reasonably safe condition and are liable for personal injury and property damage. Failures in maintenance can include (but are not limited to) failure to install, construct, reconstruct, repave, repair, or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt, or other material from the sidewalk. This liability holds true except when the adjacent property is a one, two, or three-family home, in case New York City would not be held responsible. Section 19-152 lists the numerous specific responsibilities of property owners to make sure that sidewalks are completely safe for pedestrians. In addition to simple snow and ice removal, property owners are responsible for everything from installing sidewalks to repaving and repairing them. For more information, you can contact your local NYC Section 19-152 injury lawyer today. Laws Relating To Snow Removal As is commonly known, property owners have about four hours from the time snow stops falling to remove the snow and ice accumulation on their sidewalks in order to allow pedestrians to walk safely. This is true when the snow has stopped falling between 7 AM and 5 PM. However, if the snowfall stops between 5 PM and 9 PM, property owners actually have 14 hours clear their sidewalks. If the snowfall stops between 9 PM and 7 AM, the sidewalks have to be clear by 11 AM. Actions to take Since sidewalk slip and fall accidents require extensive proof, it is essential that the victim contacts a personal injury legal expert promptly to discuss the possibility of a potential lawsuit. In New York City the responsible party must have the lawsuit claim filed against them within 90 days of the incident, and a lawsuit must begin within a year and 90 days of the accident. In any event, a person hurt by falling on a poorly-maintained sidewalk should never speak with an insurance company representative or investigator before speaking with his or her own personal attorney first. This time period is why it is so important, again, to document any and all evidence as close the time of the accident as possible. If you have already been the victim of poor sidewalk maintenance and want to discuss your case, contact the legal experts at Ribowsky Law. 109-12 Jamaica Ave, Richmond Hill, NY 11418. (718) 659-5333. https://www.mrinjurylawyerny.com/ MRINJURYLAWYERNY.COM Premises Liability & Sidewalk Negligence

Not Wearing A Seat Belt In New York: Legal Consequences Seatbelts have been a part of the American car scene since the early 1960s when the first states introduced legislation requiring seat belts. The simple fact is that seatbelts save lives and should be encouraged across the board. Each state has different requirements that can vary based on age, which seat in the car you are in and upon whom the consequences fall for not wearing a seatbelt. New York Legislation In New York, the law outlines that the driver and passengers in the front seats must wear seat belts at all times. If not there can be up to a $50 fine to both the drivers and the individual not wearing the belt. For children under the age of 16, they must wear a seat belt no matter which seat they are in, that is appropriate for their height and weight, or the driver can be ticketed up to $100 and receive 3 penalty points on their license. License points add up quickly and can increase insurance rates and result ultimately in a suspended license. There are some additional requirements based on vehicle type and some special circumstances and it is definitely worth checking out the DMV of New York site which outlines everything in detail. The stated reasons for these laws is to protect individuals, since seatbelts reduce the risk of death or injury, and can prevent drivers and passengers from being ejected from the car during a collision. The “Seat Belt Defense” The seat belt defense is a unique law that exists in about 15 states and can also result in less recovery of damage payments that one might expect. Since seat belts are proven to reduce the risk of death or injury, in some cases greatly. In accidents where it can be proven that the driver or passengers were not wearing their seat belt then the insurance system can reduce the damage payments awarded by the difference of what the injury would have been, had you been wearing a seatbelt. For any situation, it is best to follow certain steps after an accident, so a strong case can be built. Let’s take an example: You were rear-ended, which usually is through no fault of your own. You are injured with a resulting medical bill of $5000 (and you weren’t wearing your seatbelt). If you HAD been wearing your seatbelt, the same accident potentially could have caused only $3000 of injuries. The damage awarded by the insurance or court system can then be reduced to only pay the $3000 instead of the $5000. Leaving you on the hook for the additional expenses you had. This law is viewed by some as being unfair, since as we can see in the above example the driver was rear-ended, and was not driving fast, texting and driving, or other high-risk activity. But because of not wearing their seat belt they are responsible for a percentage of their own medical costs. The other side of the argument is that there are laws (mentioned above) requiring seat belts, so those that don’t, should be punished. Getting Legal Help After An Accident Regardless of whether one agrees or disagrees with this law, it is a reality and in New York a very real thing. Seeking a lawyer who works with accidents can help and evaluate your case down to the last detail providing you with the proper defense. Ribowsky Law is here to help you with all your injury law needs in Queens, NY. Contact us at: Ribowsky Law 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 MRINJURYLAWYERNY.COM Not Wearing A Seat Belt In New York: Legal Consequences

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Finding your way around town in a motorcycle poses more risk to your wellbeing and your life. Due to the recklessness of some drivers in New York, motorcyclists are usually at the receiving end of an accident. Some of these occurrences end up being fatal. Crash statistics have shown that motorcycle accidents are the cause of more than 166 deaths in New York every year. While controlling the rate of motorcycle accidents might seem difficult, compensations to affected persons can be provided. It’s within the right of every New Yorker to demand injury compensation if he/she is a victim of a motorcycle accident. If the individual dies because of the accident, family members of the deceased can file a wrongful death claim to get compensated for their loss. If you’re still new to the way motorcycle accidents are adjudged in New York, don’t fret. You will have a better understanding by reading further below; Motorcycle Accident Laws in New York The “No-Fault” Law Under Article 51 of the New York insurance law, insurance companies are mandated to cover the costs of vehicle-related accidents regardless of who caused it. This law was put in place to hasten the coverage of medical and repair bills due to the long periods legal processes might take when determining the party at fault. The major downside is that this law doesn’t apply to motorcyclists. However, exemption of motorcycle accidents can’t stop you from seeking compensation from the other driver involved. It’s advisable to get a hold of as much information and evidence from the scene as you can. Then, with the help of a motorcycle injury lawyer, you can file a lawsuit and get reimbursed for your damages. Lawsuit Validity Period A state law’s “statute of limitations” helps to set a time at which an individual is within his/her right to file a lawsuit against an offender. For a victim of a motorcycle accident, it gives them a particular time limit right from when the accident occurred to start court proceedings. In New York, the statute of limitations is set to three years. In the case of fatal accidents, the limit is shortened to two years for the family members of the deceased. Accountability In New York, the responsibility of a motorcycle accident can be turned towards more than one individual. Also, the cost of damages of such an accident will be covered by the driver if he/she is found violating traffic rules such as running a red light or neglecting the motorcyclist’s presence on the road. The government isn’t exempt from this law either, as you can file a lawsuit if the accident is due to potholes or lack of road laws. If the accident is caused by a faulty part in the motorcycle, then you can sue for damages from the manufacturer of the motorcycle. As long as you have reliable evidence to back up your claim, you should stand a chance of getting compensated. If you need capable lawyers to handle your injury lawsuits, look no further than Michael D. Ribowsky’s Law Office. We are ever ready to get you the justice you deserve. Contact us at 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 846-2081 https://www.mrinjurylawyerny.com/ The post How Motorcycle Accidents Are Judged At NY Courts appeared first on Ribowsky Law. MRINJURYLAWYERNY.COM How Motorcycle Accidents Are Judged At NY Courts