person using phone after car accident

What to Do After a Car Accident When the Other Driver Has No Insurance

Posted on October 30, 2019 by

As a responsible driver yourself, you may naturally assume that everyone else on the road has insurance coverage to handle accidents just like you do. However, the Insurance Research Council reports that about one in eight drivers actually does not have any auto insurance at all.

Here are some tips for what to do in a car accident no insurance situation and how to file a lawsuit against the uninsured driver.

Difference Between Uninsured and Underinsured Motorist Coverage

On your own auto insurance policy, it is important to have both uninsured and underinsured motorist coverage. These types of insurance may come together as part a package in policies. Uninsured coverage provides protection if the at-fault driver does not carry any liability insurance.

Meanwhile, underinsured coverage protects you if that driver does have insurance but his or her liability limits are not high enough to cover the damages. This latter type of insurance is useful because it can pay the remainder of damages after the at-fault driver’s insurance pays up to the policy limits.

How to Handle an Uninsured Driver Accident Situation

As with any auto accident, try to stay as calm as possible when you get out of your vehicle to assess the damage and have a conversation with the person who hit you. Call the police to report the accident because a police report will help move the uninsured driver claim along in the process.

Resist the temptation to accept cash from the uninsured driver to settle the matter outside the system because you have no way of knowing what your damages are worth yet. Write down the other driver’s contact information and vehicle information for later use, and take notes and photos to document the situation. Then as soon as possible, seek medical attention for your injuries.

How to File a Lawsuit Against an Uninsured Driver

Filing a lawsuit against an uninsured driver can be a challenge in no-fault car insurance states, such as New York. This is why you need a trusted New York auto accident attorney to help you get what you deserve following one of these accidents.

To pursue an uninsured driver lawsuit, you must be able to prove that the other driver was at fault for the accident and then successfully collect money or assets from that driver following a judgment in your favor. Collecting from an uninsured driver can be an uphill battle but may be worth the effort if that driver has substantial assets.

How Attorney Jeffrey Kestenbaum Can Help

If you or someone you love has been involved in a car accident in which the other driver has no insurance, the Law Office of Jeffrey Kestenbaum can help. We are experienced with these types of complex cases in New York and know what it takes to successfully pursue one on a client’s behalf.

Please contact us via online form or by phone at 718-237-5586 to discuss your case before your statute of limitations to file a claim runs out.

a row of apartment buildings in New York

Your Legal Options After Slip and Fall Apartment Building Accident

Posted on October 21, 2019 by

Slip and fall accidents can take place essentially anywhere, but one of the most common locations for them are apartment complexes. These multi-unit structures provide homes for many people and pose significant hazards for residents and visitors. In some instances, the landlord can be held liable, which means that you can pursue a legal case for damages.

Here is some information about slip and fall apartment building accidents and what your legal options are if you are involved in one.

Common Apartments Dangers

A lot can go wrong in an apartment complex that is neglected and not maintained on a regular basis. For example, broken staircases in apartment buildings with multiple floors can cause you to trip, slip, and fall. Apartment balconies must also be maintained to ensure that they will not collapse and cause severe injuries.

Other apartment dangers are broken shower doors, improperly wired electrical sockets, and damaged flooring. In apartment building parking lots, tenants in New York often become injured because of improper snow and ice removal, potholes, and cracked pavement. If the apartment building has a swimming pool or playground, these features can provide additional liability concerns as well.

Typical Slip and Fall Apartment Complex Injuries

Broken bones are very common slip and fall apartment complex injuries due to poorly maintained parking lots, stairways, and inside apartment homes. It is also common for people to suffer from concussions and possible brain and spinal cord damage from these types of serious falls. Sprains, strains, bruises, cuts, and scrapes are more minor injuries but ones that can still have significant consequences for your life.

Landlord Obligations

Landlords are legally obligated to ensure that their properties are safe for tenants and visitors based upon state premise liability laws. Landlords are responsible for looking after common areas for safety concerns, while apartment dwellers are responsible for taking note of and reporting issues inside their apartments.

As a tenant, you should promptly notify your landlord of hazards inside your rental space. It is not your legal responsibility to inspect the greater property or formally notify him or her about conditions in shared areas, but it may be helpful to others if you let your landlord know anyway.

How to Prove Your Landlord Is Liable

To prove that your landlord is liable for a slip and fall apartment complex injury, you must be able to show that the landlord failed to regularly inspect the property and/or make repairs in a timely way. An experienced Brooklyn auto accident lawyer can help you prove that a landlord’s negligence on the premises resulted in your injuries and that your landlord is legally responsible for paying for your medical bills, lost wages, other expenses, and pain and suffering.

Gathering Evidence for your Slip and Fall Apartment Building Case

As with any slip and fall accident case, you and your attorney will need to provide substantial evidence to prove that your landlord is at fault for your accident and injuries. If possible, provide documentation that shows your landlord was aware of the hazard, such as a written notice, text, or email. It is beneficial if you have personal written notes about when you called your landlord to request the repair.

Other helpful evidence includes photos of the dangerous condition and written witness statements from other people who also noticed the hazard. If you have been injured, keep copies of all of your medical records and medical bills to prove your damages.

Legal Assistance with your Case

Approximately two-thirds of New Yorkers live in a rental apartment, which means that slip and fall apartment building accidents are much more common than you might think. If you have been the victim of one of these accidents, you need the Law Office of Jeffrey K. Kestenbaum on your side. We handle many different types of personal injury cases, but apartment slip and fall cases are among our top specialties.

If you have been injured in or around your apartment, it is imperative that you contact us right away because New York imposes a statute of limitations deadline to file a claim for these types of cases. If you’re injured badly and can’t come to our office, we will come to you. Please call us at 718-237-5586 or contact us online for a free consultation.

car after accident with airbag exposed

How Pain and Suffering is Assessed After a Car Accident

Posted on October 1, 2019 by

After a car accident, there are numerous damages to calculate, such as the costs of your medical bills, the costs to repair your car, and the costs of any property damage that occurred. However, other types of damages can be more challenging to calculate, such as pain and suffering.

Here is some information about how insurance adjustors value injury claims and how pain and suffering is determined in a car accident case.

How Insurance Companies Evaluate Pain and Suffering

Every insurance adjuster and company evaluates pain and suffering a bit differently, but a couple common methods are used. One way is to multiply the total cost of medical bills and lost wages by a number between one and five, depending on how severe the injury was. If your total amount of actual damages was $10,000 and the injury was moderately severe, you may be looking at $30,000 in pain and suffering damages.

Meanwhile, other insurance companies may assign a specific dollar amount to every day between the accident date and the patient’s recovery. Insurance companies will also review medical records to look for physician notes about pain and suffering and take into account how long the injured party sought medical treatment.

Evidence for Pain and Suffering Damages

Pain and suffering can be difficult to prove, which is why you need an experienced auto accident attorney on your side. Remember that these are real damages that are recoverable. Evidence that insurance companies review to make this determination include personal journals about pain, photographs, physician notes, and written documentation from friends and family members about how the person’s quality of life has been impacted.

Since pain and suffering extends to mental and emotional damage, documentation from a counselor, psychiatrist, or psychologist is also helpful. These are all reasons to write down as much as possible day-to-day about how you are feeling after an accident and get written documentation from everyone around you who has personal knowledge about your condition. Every little bit helps when you are involved in an auto accident case and pursuing pain and suffering damages.

When Should You Go to a Doctor After an Accident?

Many people have this question, and the answer is always “as soon as you possibly can.” If you feel any form of pain or discomfort at all, definitely see a doctor. Even if you feel totally fine after being hit, it is still a good idea to see a doctor because you may still be in shock and not fully processing how your body is feeling yet.

Some auto accident injuries are delayed and don’t start making you feel poorly until days or weeks later. However, if you seek treatment right away, you will have created an ongoing paper trail for your developing injuries and have a better chance at proving your legal case.

Get Help with Your Car Accident Case

At the Law Office of Jeffrey K. Kestenbaum, we understand how traumatic auto accidents in Brooklyn can be. Whether your injuries are severe, minor, or somewhere in between, your case may be worth pursuing to cover your losses from medical bills, lost wages, repairs, and pain and suffering.

Call us today at 718-237-5586 for assistance with your car accident case, or fill out our online form to tell us more about your accident.

man fallen injured on the pavement

Most Common Slip and Fall Injuries and What to Do If You’re Injured

Posted on September 23, 2019 by

Absolutely anyone can be a victim of a slip and fall accident, regardless of age, agility, or athletic ability. Slip and fall accidents commonly take place in the home, on business properties, event venues, and public transportation stations. Furthermore, these accidents could cause severe physical trauma and be the fault of another liable party.

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motorcycles in high city traffic

Motorcycle Accidents in NYC and Common Factors to Avoid

Posted on August 29, 2019 by

There’s nothing quite like riding a motorcycle through New York City and feeling experiencing the exhilaration of all the sights, sounds, and smells of the city. However, there’s no denying that riding a motorcycle comes with its fair share of risks and that motorcycle accidents are all too common in NYC.

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yellow caution tape with a Brooklyn street background

How to Handle Pedestrian Car Accidents in Brooklyn

Posted on August 21, 2019 by

Brooklyn is one of the most walkable places in America, which is great for running errands and commuting to work without the hassle of having a car in the city. However, pedestrians face significant dangers while walking around our borough due to the negligence of drivers who are distracted, reckless, or simply make a mistake.

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taxi cab speeding over the brooklyn bridge

What to Do After Being Injured in a Taxi Accident

Posted on July 31, 2019 by

Taxi cabs are deeply ingrained into New York City culture and a convenient way to get around without having to deal with traffic and parking. However, taxis are certainly not immune to roadway accidents, which often catch both passengers and pedestrians off-guard.

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Bus Accidents in New York City and How to Protect Yourself

Posted on July 23, 2019 by

New Yorkers rely upon city buses to get them around the city every day and getting into an accident is the last thing on their minds during a commute. However, MTA buses get into accidents every day and cause innocent riders to suffer from injuries and even death.

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Drunk driving accident victim photographing their car

Hire an Attorney After Drunk Driving Accidents

Posted on June 20, 2019 by

Drunk driving is far too common in our society and results in devastating injuries, property damage, and even death in Brooklyn. Since the injuries from drunk driving accidents are often severe and because determining liability can be a complex endeavor, it is important to call a drunk driving accident attorney if you’ve been affected by a drunk driver’s negligence.

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New york city ambulance back doors

Emergency Vehicle Accidents in Brooklyn

Posted on May 22, 2019 by

We rely upon emergency vehicles, such as ambulances, fire trucks, and police cars, to help us when we’re sick, injured, or in danger. When an emergency vehicle responds to an incident, it must often travel at speeds above the speed limit, weave in and out of traffic, and blow through traffic lights without stopping. While these driving practices may help save the life of a person being transported, they can also put other innocent drivers, cyclists, and pedestrians at risk.

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