woman working from home office

What You Should Know About Work from Home Slip and Fall Accidents During the Pandemic


Posted on June 3, 2020 by

Due to the spread of COVID-19 and social distancing guidelines, many New Yorkers are finding themselves working at home for the very first time. Not only can working at home pose technological and logistical challenges, but it can also lead to compromised safety and more accidents around the home.

Here is some information about work from home slip and fall cases and where to turn for legal help with your slip and fall case.

Common Causes of Work from Home Slip and Fall Accidents

If you are not used to working at home, you might not realize potential safety hazards until it is too late. You might slip and fall inside or just outside your home because of a wet or uneven surface, such as a poorly built staircase, loose floorboard, or defective sidewalk.

Weather conditions may also cause you to slip and fall outside your home, especially on rainy spring days in New York. If you are feeling especially tired or stressed out while trying to work during these challenging times, you may slip and fall in your home because you’re distracted or feeling too depressed to pick up clutter around the house.

Landlord Negligence for At-Home Accidents  

Although some slip and fall accidents while working at home may be due to your own clumsiness or a simple mistake, other accidents are the direct result of a landlord’s negligence. This is especially common among New Yorkers who live in apartment buildings and particularly right now when we are all spending more time at home in uncommon ways.

To prove that your landlord is liable for your slip and fall at home injuries, you need an experienced local attorney on your side. This is because you’ll need evidence to show that your landlord was responsible for controlling a dangerous situation, had knowledge of the danger, should have foreseen the possibility of an accident, and failed to take reasonable action to prevent the accident that caused your injuries.

How to Prevent Work from Home Accidents

The last thing you want right now is to become injured and be hospitalized due to a work from home slip and fall accident, thereby creating more strain on the healthcare system and putting your immune system at risk. Therefore, it’s best to take precautions now to prevent work at home accidents if you no longer go to a physical location for your job.

Here are some prevention tips to practice:

  • Try to get enough rest so that you aren’t overtired or overstressed
  • Contact your landlord right away about essential repair needs
  • Reduce clutter around your house to prevent falls
  • Clean up spills and secure rugs that you have personal control over
  • Communicate with your employer if safety concerns are compromising your work at home situation

Legal Help with your At-Home Slip and Fall Case

After seeking medical attention for your slip and fall injuries, contact the Law Office of Jeffrey K. Kestenbaum to discuss your potential claim against your landlord or other responsible party while working from home. Since these types of cases have a statute of limitations in New York, it is important to seek legal help right away rather than waiting until pandemic restrictions are lifted.

Contact us by phone at 718-237-5586 or send us a message for a free consultation

columns of a court house in NYC

How is COVID-19 Impacting Court Cases in New York?


Posted on June 3, 2020 by

Over the past few months, COVID-19 (coronavirus) has been affecting nearly every aspect of daily life, including the legal system. There is now a distinction between “essential” and “non-essential” court functions, while social distancing protocols have changed the way that judges, attorneys, and clients interact with each other.

Here is an update about how COVID-19 is impacting court cases in New York so that you can be prepared to protect your legal rights.

Essential and Nonessential Court Functions

It is important to know that New York state courts are still open for essential business so that New Yorkers can still access the justice system during this era of COVID-19. But according to Chief Judge DiFiore all nonessential functions of the courts are being postponed or slowly beginning to start with a low volume of case.

Examples of essential functions include guardianships, temporary restraining orders, and emergency forms of relief. Other issues that have continued to move forward in the legal system due to essential applications include landlord lockouts, repair orders, code violations, and other housing matters. Criminal court matters, family court matters that involve child safety, mental health matters in supreme court, and emergency guardianships are also considered essential under the current protocols in New York.

Pending and New Cases

The pace of litigation has slowed down in New York and across the country. All jury trials are now stopped and no date for future jury trials have been announced.

Because of the current pandemic, New York courts recognize that documents may be less accessible and witnesses less available right now. Travel restrictions may make it difficult for attorneys to access the documents they need, especially if those documents are located in another country. Witnesses are also generally less able to travel, which is adding to the ongoing delays in the court system.

Filings and Deadlines

Due to COVID-19, some filing deadlines have been suspended until further notice. Aside from emergency applications, some appellate courts have not been hearing new motions. Meanwhile, other courts have extended deadlines by a few weeks to minimize pandemic-related disruptions. Attorneys had not been aloud to fill any new lawsuits since the beginning of the pandemic. New lawsuits can be filled statewide starting May 25, 2020.

Virtual Courtrooms for Nonessential Matters

But while recent in-person court appearances and oral arguments have been cancelled or conducted by teleconference over the past couple months, virtual courtrooms are providing alternative ways to move court cases through the legal system.

Videoconferencing is now more important than ever before for depositions, notarizations, and various discovery procedures. Courts in New York have been allowing witnesses to be interviewed and client meetings to take place via videoconferencing as well. Court staff members are assisting judges in the use of Skype and other virtual platforms to access records, hold conferences, and conduct other legal functions. Both judges and attorneys are working remotely, with only a very small number of officers continuing to work in physical courthouse locations to process paperwork and provide security.

Jury Duty

The Commissioner of Jurors in New York issued a notice that individuals summoned for jury duty for a new case should not appear at the courthouse because of jury service suspensions. No jury trial are preceding for the near future.

Get Help with Your Personal Injury Case in New York

This is a complex and confusing time, but the Law Office is Jeffrey K. Kestenbaum is still here to help you with your Brooklyn personal injury case. We are happy to communicate with you by phone or message for a free consultation so that you can maintain your social distancing and not let your potential case’s statue of limitations expire. You still must act quickly to protect your rights.

The current protocols and restrictions vary from one New York court to another, and they are changing frequently based on the government response to the pandemic. Therefore, it is in your best interest to work with a local lawyer who understands how COVID-19 is affecting the New York court system and how your case will be impacted.

Our legal team is experienced in recovering maximum money awards and settlements for the injured, so don’t wait until pandemic restrictions are over to pursue your case. Contact us today 718-237-5586 to get the legal process started now.

uber driver in car with passenger in back seat

What Happens If You’re in an Uber Accident and How to Pursue a Rideshare Lawsuit


Posted on April 21, 2020 by

Ridesharing is a popular way to get around New York City and often a safe, convenient, and accessible alternative to driving yourself or owning a car. However, Uber and Lyft rides are not immune to car accidents, which poses serious legal questions for rideshare passengers who are injured while using these services.

This article addresses the topic of Lyft and Uber accidents and how a local Lyft or Uber accident lawyer can help if this unfortunate situation happens to you.

How Rideshare Drivers Are Insured

Rideshare companies, like Uber and Lyft, typically treat their drivers like independent contractors rather than employees, which enables the companies to avoid some of the responsibility for accidents their drivers are involved in. With regard to insurance coverage, insurance companies view ride sharing in different phases, such as when the driver has the rideshare app open but hasn’t yet been hired for a gig, when the driver is on the way to pick up a passenger, and then the passenger is actually riding in the vehicle.

Rideshare companies require their drivers to have their own car insurance but also provide low-level supplemental coverage when the app is on. Drivers are advised to buy their own rideshare insurance because traditional auto insurance is not likely to cover accidents that occur while working a ridesharing gig, and the insurance company may even cancel the driver’s policy if he/she hasn’t disclosed that the car is being used for a rideshare business.

Who Should You File a Lawsuit Against?

Depending on the details of your accident as a rideshare passenger, you may be able to pursue a claim against Uber or Lyft as well as the driver of the vehicle. The most straightforward claims are ones against the rideshare drivers. However, Uber and Lyft’s company insurance may kick in after the driver submits the claim to his/her own insurance company and if the rideshare driver denies the claim. Since these cases can be complex, it is advisable to contact a New York auto accident attorney to discuss the best legal course of action.

What to Do If You Are Injured in a Rideshare Accident

If you are involved in an accident with an Uber or Lyft driver behind the wheel, it is very important to get the driver’s contact information and insurance information right away. You always should seek medical attention for your injuries as soon as possible. But if you are able, try to take some photos of the accident scene and get contact information for witnesses as well. The police should also be called by either you or the driver so that a police report can be filed and serve as evidence to help you prove your legal case.

How an Uber Accident Lawyer or Lyft Accident Attorney Can Help

The Law Office of Jeffrey K. Kestenbaum provides Uber accident lawyer and Lyft accident lawyer services to help the injured get the justice they deserve. Please contact us online or by phone at 718-237-5586 to learn more about your legal rights as a rideshare passenger and for a free consultation about filing a claim.

airbag and cracked wind shield after car accident

Who Is at Fault in a T-bone Car Accident and How to Prove Your Case


Posted on March 31, 2020 by

A side collision involving two automobiles is commonly referred to as a T-bone car accident, which is one of the most common types of auto accidents that we see here in Brooklyn. These accidents occur when the front end of one vehicle collides with the side of a second vehicle, and they usually happen at intersections.

In this article, we will explore who is at fault in a car accident T-bone and how to get the T-bone car accident settlement you deserve after a crash.

What Makes the T-Bone Car Accident So Dangerous?

While essentially any automobile accident can be devastating and cause severe injuries, T-bone crashes are somewhat unique. Broadside impacts have a way of sending a vehicle off-course and veering into traffic. This can create a “domino effect” and result in a second collision that follows the first.

Due to the angle and force, a T-bone car accident often causes a vehicle to spin and pushes it into oncoming traffic or into stationary objects, such as telephone poles and guardrails. Because of the potential of multiple impacts and the fact that only a door and window separate the colliding vehicle and its victims, the likelihood of severe injuries is very great in a T-bone car accident.

Who Is Usually at Fault for T-Bone Accidents?

The driver that plows into the side of a vehicle is often at fault for the accident if that driver did not give right of way to car lawfully passing through the intersection. However, it is not always the driver that drove head-on into the side of another vehicle who is at fault for the accident.

For example, a driver who fails to stop at a stop sign or red light could be T-boned and that driver found to be at fault for the collision. T-bone car accidents often happen because of left turns, such as when a driver takes an illegal left turn in front of oncoming traffic and is struck on the side.

Just because a driver had a green light does not exempt him/her from being at fault for the accident because every motor vehicle operator has an obligation to exercise due care, be aware of potential dangers, and avoid accidents. The timing of traffic lights and a defect with a vehicle could be circumstances out of both drivers’ control and the cause of the accident as well.

How to Prove Fault in a T-Bone Car Accident

To prove who is at fault in a car accident T-bone, an auto accident lawyer must prove that one or more drivers were negligent, that the accident occurred because of that negligence, and that the victim suffered injuries because of the accident. Various types of evidence can help you prove your T-bone accident case, such as medical bills, doctors’ notes, the police report, and documentation of lost wages.

Get Help with Your T-Bone Car Accident Settlement

Jeffrey K. Kestenbaum is a passionate Brooklyn personal injury lawyer who fully understands the nuances of T-bone car accidents. If you were a victim of one of these terrible types of auto collisions, our office will fight to get you the T-bone car accident settlement you deserve.

Don’t delay getting the help you need or running the risk of your case’s statute of limitations running out. Contact us today at 718-237-5586 for a free T-bone accident legal consultation.

lawyers at a table discussing a case

Proving Fault in Slip and Fall Accidents: What New Yorkers Should Know


Posted on March 16, 2020 by

As part of our ongoing conversation about slip and fall cases in New York, today we are looking at what proving fault in slip and fall accidents requires according to the law. To pursue a successful case, it is not simply enough to demonstrate that you fell on another person’s property. You also must prove that your fall was someone else’s fault and not solely due to your own carelessness.

Common Slip and Fall Case Scenarios

Slip and fall cases often result from walking on wet or uneven surfaces. A common scenario is when a person becomes injured after walking across a freshly mopped floor, loose floorboards, unsecured floor mats, or carpeting that is worn down. Here in New York, snowy and icy sidewalks often cause slip and fall accidents, as well as poor lighting along sidewalks and in buildings.

A person may pursue a slip and fall case after having an accident involving a broken handrail or when loose electrical wires are exposed on the floor. These accidents can take place at retail stores, outside government buildings, and in the private home of a neighbor. At construction sites, workers who are not properly trained in safety may have slip and fall accidents that can be tied back to the negligence of their employer.

How Slip and Fall Liability is Determined

To prove fault in a slip and fall case, you must be able to show one of three things:

  1. That the property owner caused the dangerous condition that made you fall,
  2. That the property owner knew about the dangerous condition and chose not to fix it, or
  3. That the property owner should have known about the dangerous condition because a reasonable person would have noticed it and fixed it.

Factors that weigh in on slip and fall liability determinations include how long the dangerous condition existed before the accident, what the property owner’s protocol was for inspecting the area for dangerous conditions, and how the dangerous condition could have been remedied and prevented the accident.

The Reasonable Negligence Claim

One major reason why these cases are challenging and require the skills of a slip and fall lawyer is that proving fault in slip and fall accidents often comes down to what a property owner “should” have known and should have “reasonably” done about it. An attorney can make a reasonable negligence claim by demonstrating if the property owner acted in a way that is consistent with how others in a similar position would have kept the area safe for anyone who may be walking by.

A reasonable negligence claim can be proven with documented records (or lack of such records) that detail how a property owner regularly inspects and cleans the property. If a plaintiff fell over an object that was necessary for some purpose, the defendant must be able to prove what that purpose was and outline the time frame that it needed to be there. All of this relies on what a “reasonable person” in that position would do, which relates to industry standards, common sense, and legal obligations.

What Could Make You Look Careless?

There are certain factors that can make you look negligent for your own injuries in a slip and fall case. For example, wearing flimsy footwear rather than supportive shoes can make you look careless as a plaintiff and make it more difficult to prove a slip and fall case.

Other factors are if you were rushing and in a hurry, if you were distracted by something, if you ignored warning signs, or if you were on the premises without permission. The “reasonable person” standard can be applied to a plaintiff as well if the injured party should have reasonably anticipated the danger and avoided it.

How a Slip and Fall Attorney Can Help with Proving Fault in Slip and Fall Accidents

The Law Office of Jeffrey K. Kestenbaum helps in proving fault in slip and fall accidents to get plaintiffs the compensation they deserve. Although these types of cases are very common, their value should never be diminished because the injures they cause can be very severe.

Whether your slip and fall accident occurred on a sidewalk, in an apartment building, in a supermarket, in a parking lot, or on any other public or private property, you may be entitled to compensation for your pain and suffering. Contact us at 718-237-5586 or send us a message so we can fight for you and your rights.

to men on their phone after car accident

What to Do After a Car Accident Checklist: Your Guide to Being Prepared on the Road


Posted on February 20, 2020 by

Getting into a car accident is one of the most stressful experiences a person can have, which is why it’s easy to become overwhelmed and panic after you’ve been hit. Chances are that you might not remember all of the helpful information you’ve read in advance about how to handle the situation in a moment of crisis, which is why it is beneficial to have a car accident checklist handy in your vehicle.

Here is an overview of what to do after a car accident checklist items to have written down and stowed away in your vehicle in case you are involved in an accident in the future.

1. Don’t Leave the Scene or Panic

Leaving the scene of an accident is a crime and could result in a hit and run claim being filed against you. Depending on the severity of the accident, the crime could be a misdemeanor or a felony. Stay at the scene until the police arrive and stay as calm as possible so that you can handle the matter reasonably and efficiently.

2. Assess Accident Injuries

After an accident, take some deep breaths and inspect your body for signs of injuries, such as blood, pain, and parts you are unable to move. Then, check on the wellbeing of any passengers traveling with you in your own car. After this, exit your vehicle to see if any drivers or passengers of any other involved vehicles are injured so that you can call for help right away.

3. Move Your Vehicle Aside After a Minor Accident

If the accident is minor, move your vehicle to the side of the road so that it does not pose a hazard to other drivers traveling on the road. If the accident and injuries severe, leave your vehicle where it is.

4. Call the Police

Even for minor accidents, it is important to call the police to respond to the scene and file a police report. This is a crucial step in pursuing an insurance claim and filing a legal case against an at-fault driver.

5. Gather Information from the Other Driver

Get out of your car and ask the other driver involved for his or her contact information and insurance information. Also, jot down your own notes with the driver’s license plate number, personal description, and vehicle description.

6. Take Photos of the Scene and Damage

To preserve timely evidence for your potential accident claim, use your mobile phone to take photos of the vehicle damage and the surrounding area. Photos that document weather conditions, skid marks, and bodily injuries are also helpful.

7. Get Information from Witnesses

If there were any witnesses present at the scene of the accident, ask them for their names and contact information. Don’t worry about recording statements from them initially because the police can handle this when they arrive if needed.

8. Never Admit Fault

Whatever you do, don’t take the blame for the accident or make any statements to say that the accident was your fault. It is often impossible to determine fault at this early stage of an accident investigation, and more than one driver could be at fault, which will affect your claim and potential recovery.

9. Contact Your Insurance Company

As soon as practicable, contact your car insurance company to let them know about the accident. However, do not sign anything from any insurance company or admit fault to an insurance company until you speak to an attorney.

10. Contact a Car Accident Lawyer

To protect your legal rights, contact a local auto accident attorney after your accident before agreeing to any type of insurance settlement. The Law Office of Jeffrey K. Kestenbaum will review the police report, photos, witness statements, and other evidence to get you the best and fairest compensation after your wreck.

To be prepared, write our phone number (718-237-5586) on your car accident checklist or program it into your cell phone contacts for easy access after an accident.

judge hands on a desk with a gavel

How to Pursue a Comparative Negligence Slip and Fall Case in New York


Posted on February 12, 2020 by

Slip and fall cases may seem simple enough on the surface, but these are often complex matters that are difficult to pursue and prove without the help of an experienced slip and fall lawyer. These types of cases become even more challenging when comparative negligence plays a part in the accident.

Here is an overview of what comparative negligence is and how it can affect your slip and fall case in New York.

Basics of a Slip and Fall Case

Slip and fall cases are among the most common personal injury claims and ones that result after a person slips, falls, or trips on another person’s property. These cases can be pursued if another property owner was at fault for your fall that resulted in an injury. Slip and fall accidents can occur essentially anywhere, including private residences, commercial buildings, and government property. They are often the result of unsafe hazards that exist, such as broken stairs, icy sidewalks, and missing handrails.

How to Prove Fault in a Slip and Fall Case

It is important to prove the fault of another party to effectively pursue your slip and fall case, which can be surprisingly difficult in our legal system. With substantial evidence, you should be able to prove that a property owner created dangerous conditions or allowed them to happen to lead to your fall, that the owner knew about the conditions and did not fix them, and that the conditions caused your fall that made you become injured.

What Is Comparative Negligence?

Comparative negligence is also sometimes called comparative fault and comes into play when a plaintiff may be partially or even mostly responsible for a slip and fall accident. It is a legal concept established for allocating damages when two or more parties were at least somewhat each at fault.

Here is an example to demonstrate comparative fault: a New York plaintiff is found by a jury to be 20 percent at fault for an accident and the defendant to be 80 percent at fault. The jury determines that the total damages are $100,000. Therefore, the plaintiff will recover 80 percent ($80,000) for this case because the 20 percent of fault assigned to the plaintiff is subtracted from the total recovery.

Types of Comparative Negligence

Depending on the state you live in, comparative negligence can affect your case in different ways. New York is one of the states that has a pure comparative fault rule for personal injury cases. With pure comparative fault, the amount that you are able to recover from a claim can be reduced by how much you were personally at fault for the accident.

A small handful of other states have laws that are more stringent and do not allow a plaintiff to recover any damages at all if the plaintiff is found to be even a tiny bit at fault for the accident. Meanwhile, in some other states, you may not be able to recover anything from a claim if you are found to be 51 percent or more at fault for the accident. Those other states are classified as modified comparative fault rule states.

This distinction makes New York law particularly favorable to plaintiffs who have slip and fall accidents and a good reason to pursue your slip and fall case here in Brooklyn even if you can’t place full blame on someone else.

How Comparative Negligence Can Affect Your Slip and Fall Case

Comparative negligence can impact your recovery after a slip and fall accident if a property owner claims that you were the cause of your own injuries. In a jury trial in New York, jurors will determine the percentage of fault for each party, calculate the total amount of damages, and then subtract the plaintiff’s percentage of fault from that total amount to arrive at the final award amount.

If you have been involved in a slip and fall case that may involve comparative negligence, the Law Office of Jeffrey K. Kestenbaum can help. We handle personal injury cases in Brooklyn and will fight for every dollar possible to get you the fair compensation you deserve. Even if you were somewhat at fault for your own injuries, you can still receive a settlement to help pay for your medical bills and other accident-related expenses under New York law.

Contact us online or give us a call at 718-237-5586 for guidance with your comparative negligence case.

old townhouses in New York City

Understanding Premises Liability and How a Premises Liability Attorney Can Help


Posted on January 13, 2020 by

Of the many types of cases we handle at the Law Office of Jeffrey K. Kestenbaum, premises liability cases are among the most common ones here in Brooklyn. However, there are different types of premises liability cases and certain injuries that are most common from these accidents.

Here is an overview of what premises liability is and why you may need a premises liability attorney to pursue these types of cases in New York.

What Is Premises Liability?

Premises liability is a legal term that is used in personal injury cases when a person suffered an injury due to a condition on another person’s property. These types of cases are often based on allegations of negligence on behalf of the property owner and require the injured party to prove this negligence led to injuries. In order to pursue a premises liability case, you must have evidence that a property owner breached a duty of care by not maintaining it in a safe way.

Types of Premises Liability Cases

There are various types of premises liability cases that clients seek our help with in Brooklyn. For example, slip and fall cases are common, especially in the winter season after snowfall and ice. Throughout the year, plaintiffs pursue premises liability cases because of defective conditions on a property and due to fires and water leaks. Other cases that a premises liability attorney can help you with include amusement park accidents, elevator accidents, dog bite accidents, swimming pool accidents, and assault cases due to poor building security.

Injuries Caused by Premises Liability Accidents

The injuries caused by premises liability accidents are often due to falling and include broken bones, concussions, sprains, bruises, and cuts. However, these types of accidents can also cause severe bites, assaults, and burns as well. At the Law Office of Jeffrey K. Kestenbaum, we understand that every premises liability case is unique and want to listen to the specific details of your case and the injuries you sustained.

Property Owner Duties of Care

In New York, the law requires property owners to keep guests safe while on their property and exercise reasonable care to avoid preventable harm. Victims of a local premises liability accident must show that the property owner was more likely than not for causing injuries though evidence that the owner had a legal duty to the victim and that the owner breached this duty.

This is true for people who have been invited onto a property and have express or implied permission to be on the property, such as friends and family members. It is also true for licensees who enter a property for their own purposes but are legally allowed do so, such as a door-to-door salesman. However, property owners do not typically have a duty of care with regard to unknown adult trespassers who entered a property illegally.

Examples of Premises Liability Cases

One example of a premises liability case is a painter who has been hired to paint a person’s house and suffers injuries when the ceiling cracks and falls on her. You may have a premises liability case if your office or apartment building does not have adequate building security, which causes an intruder to break in and assault you.

If your neighbor invites you over for dinner and you are injured in his unkempt backyard full of holes and broken glass, you may have a premises liability claim. Slip and fall accidents are the most common premises liability cases that we see in our office, often due to unsecured rugs, wet floors, broken stairs, exposed extension cords, and ice and snow accumulation.

How a Premises Liability Attorney Can Help

If you have been injured in an accident on another person’s property, the Law Office of Jeffrey K. Kestenbaum can help. To pursue these types of cases, you need an aggressive premises liability attorney who will fight for what you deserve and keep you informed every step of the way. We will review the accident report, medical records, witness statements, and all other necessary information to help us build a strong case before your statute of limitations runs out.

Call us now at 718-237-5586 or contact us online to gain full and fair compensation as quickly as possible.

How Does Car Insurance Work in an Accident and the Role of the Car Accident Lawyer


Posted on January 7, 2020 by

No one likes to think about being involved in a car accident, but accidents can happen to even the safest and most attentive drivers. According to the New York City Police Department, the number of motor vehicle collisions citywide was at least 16,832 last year, and these collisions involved at least 33,343 motorists. For both minor and major accidents, it is very important to have car insurance to help pay for automobile damage and injuries.

Here’s how car insurance works in a car accident case and what accident victims need to know to protect themselves.

What Happens in a Car Accident with Insurance?

If you are involved in a car accident, one of the first things to do is exit your vehicle and ask the other driver to exchange car insurance information. If the other driver refuses to share this information, police who respond to the scene will demand it or investigate the driver’s insurance coverage based upon the driver’s license plate and driver’s license number.

New York is a no-fault insurance state, which means that insured drivers are usually compensated by their own insurance company for damages sustained no matter who was at fault for the accident. Depending on the accident, car insurance can pay for medical bills, lost wages, and transportation to and from medical appointments, but there is a short statute of limitations on these cases.

Types of Car Accident Insurance Coverage

The most basic type of car accident insurance coverage is liability insurance, which protects the driver against accident claims that result from negligence. New York law requires drivers to have at least $10,000 in liability coverage for property damage for a single accident, $25,000 for bodily injury and $50,000 for the death of someone involved in an accident, and $50,000 for bodily injury and $100,000 for the death of two or more individuals involved in the car accident.

When Your Claim Exceeds the Coverage

In most situations, you cannot make a claim that is more than the available coverage or that exceeds the policy limits. Many insurance adjusters simply will not respond to such claims. This could leave you looking to collect the remainder of funds directly from the at-fault driver, which can be very difficult unless there are multiple defendants at fault to pursue.

Uninsured and Underinsured Driver Coverage

Most auto insurance policies in New York have uninsured and underinsured driver coverage to protect you from accidents when the other driver does not have any insurance or not enough of it to resolve a claim. This is insurance coverage that helps when your claim is more than the at-fault driver’s policy limits. However, these driver coverages cannot exceed your primary coverage, so you cannot have a higher amount of uninsured or underinsured coverage than your standard liability coverage.

How a Car Accident Attorney Can Help

If you were recently involved in an automobile, accident, you need a dedicated and aggressive car accident attorney on your side. Attorneys working for car insurance companies will often try to take advantage of victims and make victims prematurely sign settlement agreements that are not in your favor.

Attorney Jeffrey K. Kestenbaum will help you obtain more than just the no-fault minimums required for all motor vehicles in New York. We are only paid if your car accident case is successful, so contact us at 718-237-5586 before signing any paperwork from an insurance company to protect your legal rights.

statute of limitation law book on a table

Understanding the Statute of Limitations for Car Accident Cases in New York


Posted on December 17, 2019 by

Unlike serious criminal offenses, such as murder, statutes of limitations apply to most types of civil cases in the United States. For example, this is true for car accident cases, although the length of time a victim has to pursue legal action varies among states and jurisdictions.

In this article, we are looking at statute of limitations car accident cases in New York to help you fight for the justice you deserve before it’s too late.

The Purpose of a Statute of Limitations

Statutes of limitations set a time limit on a person’s right to file a lawsuit in the court system. These laws are established to protect defendants, to encourage potential plaintiffs to pursue cases in a reasonable time frame, and to protect timely evidence needed to prove a claim.

Car Accident Statute of Limitations New York Law

As a general rule in New York and in most cases, the statute of limitations for car accident cases is three years. This means that you have up to three years from the date the accident happened to file a lawsuit and pursue compensation for damages suffered. There are significantly shorter limitations periods in auto cases involving municipalities and public agencies. That is why it is important to contact a lawyer immediately after an accident.

Discovery Rule for Statute of Limitations After a Car Accident

Although three years is the standard statute of limitations in New York for car accident cases, there are some ways to adjust this time frame in certain circumstances. For example, under the discovery rule, a New York attorney may argue that the statute of limitations shouldn’t begin until the injury was discovered. This argument is more common in cases involving issues like asbestos exposure that later results in lung cancer, rather than for car accidents, but it is still a good rule to be aware of for all personal injury situations.

Other Special Considerations and Exceptions  

Another exception is if a car accident involves a minor victim under the age of 18. Statutes of limitations delayed for injured minor victims until three years after his/her 18th birthday. To potential recover damages and receive compensation, car accident victims who were minors at the time of an accident must file a lawsuit by their 21st birthdays.

If a person involved in a car accident died because of the accident, then it is typically most appropriate to pursue a wrongful death claim. In this situation, the statute of limitations to file a wrongful death lawsuit is two years from the date of the person’s death.

How to Protect your Car Accident Case

Whether your car accident case involves injuries, wrongful death, minors, or any other special circumstances, the Law Office of Jeffrey K. Kestenbaum can help. We are very experienced in Brooklyn auto accident law and know what it takes to pursue the at-fault party to get the justice you deserve.

Please contact us at 718-237-5586 to schedule your free consultation, and don’t delay because every day that passes is one day closer to your case’s statute of limitations.

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