New York’s Serious Injury Threshold: What It Means After a Car Accident


Posted on September 18, 2026 by

New York’s serious injury threshold is the legal standard that an injured person must meet to pursue compensation for pain and suffering after a motor vehicle accident. Because New York uses a no-fault insurance system, meeting this threshold matters when seeking damages beyond basic economic losses.

The Law Office of Jeffrey K. Kestenbaum represents injured New Yorkers after car accidents and is here to help you understand your rights.

How No-Fault Coverage Works, and Where It Stops

New York’s no-fault system provides benefits to pay an injured person’s medical bills and a portion of lost earnings regardless of who caused the crash. Under New York Insurance Law Section 5102, basic economic loss is generally limited to $50,000 per person, subject to statutory limitations.

However, no-fault benefits do not compensate a person for pain and suffering. Under Insurance Law Section 5104, there is generally no right to recover for non-economic loss in a covered motor vehicle accident except in the case of a serious injury. This makes the serious injury threshold an important gateway to a potential claim for pain and suffering.

What Counts as a Serious Injury Under New York Law

According to Insurance Law 5102(d), a “serious injury” refers to a personal injury that results in one or more of the following:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system

In 2026, New York law changed to eliminate the 90/180-day category from the serious injury definition. The current version of the law contains the eight categories listed above but removed a former provision that considered a disruption in a person’s usual daily activities for at least 90 days during the 180 days immediately following the injury.

The Medical Evidence That Supports a Threshold Argument

Medical documentation is crucial when establishing a serious injury threshold New York claim. Relevant evidence may include neurological testing, range-of-motion measurements, and diagnostic imaging.

After you’re injured in a car accident, your treatment records can help establish how your injury developed and how limitations continued over time. A pre-existing condition doesn’t necessarily prevent you from making a claim, yet medical evidence is needed to establish if the accident caused or aggravated your injury.

An insurance company may require an independent medical examination, but discuss this with your attorney to understand what it involves.

Common Situations Readers Ask About

If your injury seemed minor at first and became worse later, continued medical evaluation can help connect your condition to the accident. Many injured individuals worry if a pre-existing condition will make it harder to pursue a claim. Yet, a car crash can significantly aggravate something else you were already suffering from.

You don’t need to wait until your treatment ends before consulting a personal injury lawyer. We can review your case and discuss potential legal issues while you’re still being treated.

Speak With a Brooklyn Car Accident Lawyer

If you were injured in a New York City car accident, understanding the New York serious injury threshold is an important part of assessing your legal options. Please contact us online or call us 24/7 at 718-237-5586 for a free case review.

Frequently Asked Questions

What types of injuries meet the New York serious injury threshold?

According to Insurance Law 5102(d), New York law currently identifies eight categories for the serious injury threshold: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use (of a body organ, member, function, or system), permanent consequential limitation, and significant limitation of use.

What qualifies as a serious injury in New York?

Insurance Law 5102(d) defines “serious injury” through specific statutory categories rather than the simple, everyday meaning of the word “serious.”

Can I sue for pain and suffering without PIP?

New York’s no-fault system generally restricts the recovery of non-economic losses after car accidents unless the injured person suffered a serious injury.

What happens if you don’t meet the New York serious injury threshold?

You may still have access to applicable no-fault benefits for covered basic economic losses. Still, your ability to pursue non-economic damages may be restricted by the serious injury requirement.

What types of damages can victims with serious injuries recover in a lawsuit?

A qualifying lawsuit may seek both economic and non-economic damages, although the specific damages available depend on the facts of the case and applicable law.

Relatives standing near their grandmother who fell on a sidewalk

Proving Negligence After a Fall in Brooklyn: What Evidence Matters


Posted on September 18, 2026 by

Falling on someone’s property doesn’t automatically mean the property owner is responsible for your injuries and that you can file a claim against them. In premises liability cases, you must establish negligence based on the four concepts of duty, breach, causation, and damages.

The key to proving negligence in premises liability Brooklyn cases is showing that the property owner knew (or should have known) about the dangerous condition that caused your injuries. You can trust the Law Office of Jeffrey K. Kestenbaum for help with these types of premises liability and slip-and-fall cases.

What You Actually Have to Prove

Brooklyn property owners, landlords, and businesses have a legal duty to keep premises reasonably safe. A breach of this duty may involve failing to repair a dangerous condition, clean a spill, or provide adequate warnings.

You must also connect the dangerous condition to your accident and establish damages. Medical records documenting your injuries and treatment are critical slip-and-fall evidence, especially when they establish this connection.

Why Notice Is the Make-or-Break Issue

One of the most important steps in how to prove negligence in a slip and fall case is notice. Actual notice may exist when an owner or employee was told about a hazard or created it themselves. But constructive notice is different: generally, the dangerous condition must have been visible, apparent, and existed long enough that the property owner had a reasonable opportunity to discover and correct it.

New York State Unified Court System decisions illustrate how New York courts analyze constructive notice.

Evidence showing when a spill occurred, when an area was last inspected or how long a defect existed can therefore be critical. Snow and ice cases can involve additional considerations, including New York’s “storm in progress” doctrine, so prompt legal review is especially important.

Physical Evidence to Preserve Immediately

The sooner you preserve slip and fall evidence, the stronger case you’ll build. Collect and save as much of the following as possible:

  • Photos of the dangerous condition from multiple angles and distances
  • Written documentation of exactly what caused your fall
  • Shoes and clothes you wore when you fell
  • Copy of the incident report filed by the property manager, superintendent, or landlord

However, never sign any releases or statements a property owner or insurer gives you after a fall without first seeking legal advice.

Evidence the Property Owner Controls

However, someone else may control some important premises liability evidence, and you may benefit from an attorney’s help to obtain it. Here are some examples:

  • Security footage from nearby buildings to establish what happened and how long a hazard existed (act quickly, as many systems overwrite footage within days)
  • Maintenance, cleaning, and inspection records to establish proper monitoring
  • Prior complaints, work orders, and 311 reports for additional evidence of notice

Witnesses and Medical Records

Witness statements are also useful slip-and-fall evidence, so get the names and numbers of bystanders at the scene. You should also seek prompt medical treatment, not only for your health, but also to secure evidence linking your fall to your injuries. Gaps in treatment could cause the defense to argue that your injuries are minor or unrelated.

Also, be cautious with what you post on social media while your claim is pending because photos, videos, and comments could be used against you.

What Happens If You Were Partly at Fault

New York’s comparative fault rules don’t necessarily prohibit recovery simply because an injured person was partly responsible. Instead, damages may be reduced based on the claimant’s share of culpable conduct. New York State Senate, CPLR § 1411 sets out the applicable statutory framework.

Deadlines That Cut a Claim Short

New York generally has a three-year statute of limitations for personal injury claims, though exceptions exist. Claims involving government-owned property or entities such as NYCHA or the MTA may involve additional notice requirements and shorter deadlines. Waiting too long to file a claim can also make it harder to preserve surveillance footage and locate witnesses.

Contact a Brooklyn Slip and Fall Lawyer Today

As an experienced slip-and-fall law firm, we represent injured clients throughout New York City. Call 718-237-5586 or contact us online to discuss your situation and learn more about proving negligence in premises liability Brooklyn cases.

Frequently Asked Questions

Who Can Be Held Liable for Premises Injuries?

Depending on the circumstances, a property owner, landlord, tenant, business, or other party responsible for maintaining a property can be liable.

What Compensation Can You Recover?

A successful claim may provide compensation for medical expenses, lost income, pain and suffering, and other damages.

What does a settlement usually cover in a premises liability case?

A settlement may address medical expenses, lost wages, pain and suffering, and other losses. Learn more here about how slip and fall settlements work in NYC.

How much time do I have to file a claim after suffering an injury on someone’s property?

The general limitations period for a New York personal injury claim is three years, but exceptions and special notice requirements may apply.

bus in new york city

NYC Subway & Bus Accident Claims Against the MTA


Posted on September 2, 2026 by

A routine ride on a NYC subway or bus can turn into a serious accident within mere seconds. Passengers can be thrown to the floor with a sudden stop, caught in a closing door, or injured in a collision.

If the Metropolitan Transportation Authority (MTA) was responsible for the conditions that caused your injury, you may have legal grounds to pursue the agency for compensation. However, MTA claims are subject to special rules that make these types of cases very different from other personal injury claims.

At the Law Office of Jeffrey K. Kestenbaum, we’re here to help you act quickly and get the compensation you deserve.

When Can You File an MTA Accident Claim?

The fact that your injury occurred on an MTA vehicle does not automatically make the MTA liable. You must be able to establish negligence by the MTA or one of the several agencies it operates through.

It’s essential to name the correct party in your claim to avoid delays or invalidation. For example, New York City Transit operates the subway and many local buses, while the MTA Bus Company and MaBSTOA run additional routes.

You may be entitled to file an MTA claim and hire an MTA accident lawyer to investigate issues such as:

  • A transit driver’s careless or unsafe operation
  • Doors closing on passengers
  • Dangerous starts, stops, or turns
  • Defective or poorly maintained equipment
  • Hazardous conditions at bus stops or subway stations
  • Collisions involving MTA transit vehicles
  • Injuries from the gap between trains and platforms

Don’t Miss the 90-Day Notice of Claim Deadline

One of the biggest mistakes you can make as an injured passenger is waiting too long to pursue an MTA accident claim. New York law requires a person pursuing a claim against a public entity like the MTA or NYC Transit Authority to serve a Notice of Claim within 90 days of the accident.

You must usually file a lawsuit within a year and 90 days, subject to the circumstances of your case. There are no guarantees that the court will allow a late Notice of Claim, so it’s not worth putting your case at risk.

The MTA may also require you to participate in a 50-h hearing, which is a sworn examination that involves questioning you about how the accident occurred, your injuries, and other relevant details.

What Can MTA Claims Cover?

Once your MTA accident lawyer helps establish negligence, an injured passenger could recover compensation for accident-related losses, including:

  • Medical treatment
  • Rehabilitation expenses
  • Lost wages
  • Reduced future earning capacity
  • Pain and suffering

The potential value of any MTA claim depends on the severity and permanence of a person’s injuries, as well as their financial losses and the extent to which the accident affected their daily life.

How a Brooklyn Bus Accident Lawyer Can Help

As your Brooklyn bus accident lawyer or subway claim attorney, we will investigate your accident, determine which MTA entity is responsible, identify potential evidence and witnesses, prepare the Notice of Claim, and help you navigate the 50-h hearing.

The Law Office of Jeffrey K. Kestenbaum represents New Yorkers injured in bus and subway accidents. We understand the procedures involved in MTA claims and will fight to hold the responsible parties accountable.

Frequently Asked Questions About MTA Claims

How long do I have to file an MTA claim?

You must generally serve a Notice of Claim within 90 days of the accident and file a lawsuit within one year and 90 days.

Can I sue the MTA after a bus or subway accident?

Yes, if the MTA or related transit agency caused your injuries, you may be able to pursue an injury claim.

What is a 50-h hearing?

A 50-h hearing is a sworn examination that precedes a lawsuit and may require you to answer questions about the accident and your injuries.

Why hire an MTA accident lawyer?

MTA claims often require a short Notice of Claim deadline and specialized procedures that benefit from an MTA accident lawyer’s help. Please contact us online or call 718-237-5586 to discuss your potential case and pursue compensation available under the law.

Young adult woman commuting on an electric bicycle, embracing a sustainable and active lifestyle

E-Bike & E-Scooter Accidents in NYC: Your Legal Rights After a Crash


Posted on August 27, 2026 by

E-bikes and e-scooters have become a convenient and fun way to travel around New York City. They get commuters to work, help delivery workers earn a living, and offer residents an alternative to driving and public transportation.

But as their popularity has risen, more accidents involving electric scooters and electric bikes have occurred. Here’s what you need to know about your legal rights after a crash and how to recover compensation with the help of an e-bike accident lawyer.

NYC E-Bike and E-Scooter Rules Matter After a Crash

Since October 2025, e-bikes, e-scooters, and pedal-assist bicycles have been subject to a 15 mph citywide speed limit in NYC. The city also prohibits them on sidewalks, and riders must yield to pedestrians and follow applicable traffic laws. E-bikes are grouped into three classes, with certain riders required to wear helmets.

If a rider was speeding, traveling in a prohibited area, disregarding traffic signals, or otherwise violating the law, this could become important evidence in an accident investigation. Since riders aren’t required to have a driver’s license or DMV registration, they often don’t carry insurance.

Who Can Be Held Responsible for an Electric Bike Accident?

Many New Yorkers hire an e-bike accident lawyer to help determine liability and pursue the at-fault party, based on what happened in a collision. For example, if an e-bike or e-scooter struck you as a pedestrian, the rider could be held liable if they were disobeying traffic laws.

If a car hit you while riding an e-bike or e-scooter, the driver could be liable if their negligence caused the crash. If your e-bike or e-scooter malfunctioned, you could have a product liability claim against the manufacturer or distributor. Meanwhile, delivery workers who use e-bikes and e-scooters and are involved in a crash could take legal action against an employer, a delivery platform, or workers’ compensation.

What About No-Fault Insurance?

New York’s no-fault insurance typically applies only to motor vehicles – not to e-bikes or e-scooters. But if your crash involved a motor vehicle, that driver’s no-fault insurance could become relevant. Anyone involved in an electric bike accident should have their case reviewed by an experienced attorney before assuming whether they have coverage.

What to Do After an E-Bike or E-Scooter Crash

  • Call 911 to report the accident
  • Get medical attention
  • Photograph the scene
  • Get contact information from witnesses
  • Preserve the e-bike or e-scooter as evidence
  • Keep medical records and lost-income documentation
  • Don’t give insurers any statement before speaking to an e-bike/e-scooter accident lawyer

How an E-Bike or E-Scooter Accident Lawyer Can Help

An e-bike or e-scooter accident lawyer will examine how the crash occurred, identify potentially responsible parties, gather evidence, and communicate with insurance companies.

The Law Office of Jeffrey K. Kestenbaum represents injured e-bike and e-scooter riders in New York City. We can help you pursue a claim for medical costs, lost income, pain and suffering, and other damages.

Frequently Asked Questions About Electric Scooter and Electric Bike Accidents

What is the e-bike speed limit in NYC?

The NYC citywide speed limit for e-bikes, e-scooters and pedal-assist bicycles is 15 mph.

Who is liable if an e-bike hits a pedestrian?

The e-bike rider could be liable if their negligence caused the pedestrian’s injuries. However, an e-bike accident lawyer will investigate the claim to determine who is legally responsible.

Does New York no-fault insurance cover e-bikes?

Generally, no, as e-bikes are not considered to be motor vehicles for New York’s no-fault insurance system. However, no-fault insurance could become relevant if a motor vehicle was involved in an e-bike crash.

Can I sue if a delivery e-bike injured me?

Possibly yes. Depending on how the accident happened, the e-bike delivery worker, the delivery company, or another party could be held liable for your injuries.

To discuss your potential case, please call us 24/7 at 718-237-5586 or contact us online. We offer free case reviews and experienced, dedicated representation to help you gain full and fair compensation as quickly as possible.

An accident involving two vehicles (Magnific)

NYC Taxi Accident Lawyer: Get Help After a Crash


Posted on July 30, 2026 by

Taxi cab accidents are an unfortunate and all-too-common reality in New York City. Whether you were riding as a passenger, another motorist, a cyclist, or a pedestrian crossing the street, taxi collisions can leave you with serious injuries, overwhelming medical bills, and uncertainty about your legal rights.

Since taxi accidents often involve commercial insurance policies and potentially multiple liable parties, these cases are often more complicated than a typical car accident claim. An experienced taxi accident lawyer like Jeffrey K. Kestenbaum can help you protect your rights and pursue the compensation you’re entitled to.

What Makes Taxi Accident Cases Unique?

In New York City, taxis are commercial vehicles that operate under strict regulations under the Taxi and Limousine Commission. As taxi drivers spend long hours navigating congested streets and making frequent stops, they can easily succumb to fatigue, distractions, and the pressure to complete fares.

Operating a taxi cab comes with commercial insurance requirements and the likelihood of multiple liable parties in a collision. For all of these reasons, it’s beneficial to hire a New York taxi accident lawyer who understands the unique legal and insurance issues in these cases and who can identify every available source of compensation.

Common Causes of NYC Taxi Accidents

  • Speeding or aggressive driving
  • Distracted driving
  • Failure to yield the right of way
  • Fatigue
  • Unsafe lane changes
  • Reckless driving in congested traffic
  • Running red lights or stop signs
  • Poor vehicle maintenance

Who Can Be Injured and Held Liable for Taxi Accidents?

Unfortunately, taxi accidents often affect more than just the passengers who hailed a cab on a New York City street. A taxi accident lawyer may also represent:

  • Drivers of other vehicles nearby
  • Pedestrians
  • Cyclists
  • Motorcyclists
  • Delivery workers
  • Tourists sightseeing in NYC

Meanwhile, determining liability after a taxi accident is often less than straightforward. Based on the circumstances, responsibility may lie with the taxi driver, the taxi owner, or the taxi company. Liability could also fall on another negligent driver on the road, a vehicle manufacturer if defective parts contributed to the crash, or a government agency responsible for maintaining safe roadway conditions.

What Compensation May Be Available?

If someone else was to blame for your taxi accident injuries, you may be entitled to recover compensation for both economic and non-economic damages.

A New York taxi accident lawyer can fight for your rights so you can secure a settlement to help pay for current medical expenses, future medical treatment, lost wages, and the loss of future earning capacity. Recoverable damages may also include pain and suffering, emotional distress, rehabilitation costs, and permanent disability.

What to Do After a NYC Taxi Accident

The specific steps you take after a taxi accident can significantly impact your claim and your ability to pursue a case against the at-fault party. First and foremost, seek medical attention right away, even if your injuries seem minor. Not only is prompt medical treatment crucial for your health, but it also establishes official documentation that links your injuries to the accident.

Contact the police to report the accident, and gather photos of the scene if possible. It’s helpful to obtain contact information from any witnesses who saw the accident happen, but avoid discussing fault with anyone, especially insurance adjusters, before you speak with a NYC taxi accident lawyer.

How a NYC Taxi Accident Lawyer Can Help

It’s typical for insurance companies to minimize payouts, especially when commercial insurance policies are involved. As your taxi accident lawyer, we will investigate the accident, handle communications with the insurers, assess the full value of your damages, negotiate a fair settlement, and take your case to trial if necessary.

At the Law Office of Jeffery K. Kestenbaum, we understand the many hardships that follow a serious taxi accident. We are committed to helping New Yorkers pursue the compensation they deserve with personalized guidance through every step of the legal process.

If you or someone you love has been injured in a taxi accident, please contact us for a free case review and to discuss your case with an experienced NYC taxi accident lawyer.

young person riding a bike across the city (Magnific)

NYC Bicycle Safety: Tips to Avoid Accidents & Injury


Posted on July 30, 2026 by

Riding a bike through the countryside doesn’t quite prepare you for the challenges you will face if you ever decide to bike through the concrete jungle of New York City. Cycling through NYC is one of the fastest, greenest ways to get around, but it also means sharing crowded streets with cars, buses, pedestrians, and delivery e-bikes.

One wrong move can lead to a collision with a car that can cause serious injuries. However, riding a bike in the city is not impossible. Many bicyclists do it every day, and these NYC bicycle safety tips will help you ride more confidently, understand the local rules of the road, and know exactly what to do if you are ever in a crash.

Ride Like You’re Driving: Rules of the Road

Stay aware, think ahead, and follow the same traffic laws you would in a car:

  • Ride with the flow of traffic, never against it.
  • Be predictable: hold a straight line and signal before you turn.
  • Take the full lane when it’s too narrow to share; being visible is safer than hugging the curb.
  • Watch parked cars and leave room to avoid a suddenly opened door (“dooring”).
  • Obey traffic signals and stop signs, and yield to pedestrians in crosswalks.

Visibility and Lights

Many NYC bike crashes happen simply because a driver did not see the cyclist. Wear bright or reflective clothing. Under New York law, you must use a white front light and a red rear light when riding after dark. Add reflectors, and stay out of vehicles’ blind spots, especially around large commercial trucks and buses.

Wear a Helmet (and Know NYC’s Helmet Law)

A properly fitted helmet is one of the most effective ways to prevent a serious head or brain injury in a crash. It should sit level on your head, low on your forehead, with the straps forming a snug “V” under each ear.

Under New York law, all cyclists under 14 must wear a helmet, and New York City requires commercial and delivery cyclists to wear one as well. Even where a helmet isn’t legally required, wearing one is strongly recommended for every rider.

Know NYC’s Bike Lanes and Intersections

New York City has hundreds of miles of bike lanes, but not all are equal. Protected lanes separate you from traffic; painted lanes do not. Most serious crashes happen at intersections and driveways, where turning drivers may not expect a cyclist. Stay especially alert for right-turning vehicles (“right hooks”) and cars crossing the lane.

E-Bike and Micromobility Safety

E-bikes are everywhere in NYC and move faster than traditional bikes, which shortens everyone’s reaction time. Whether you ride an e-bike or share the road with one, keep more distance, anticipate higher speeds, and stay predictable. E-bike riders should use lights, wear a helmet, and follow the same rules of the road as any cyclist.

Common Bicycle Accidents and How to Avoid Them

There are several ways in which a bicyclist can be involved in an accident:

  • Dooring: a parked driver opens a door into your path. Ride a door’s width away from parked cars.
  • Right hook: a driver turns right across the bike lane. Watch turn signals and make eye contact.
  • Rear-end: a driver hits a cyclist from behind. Use lights and take the lane where needed.
  • Left-cross and intersection crashes: slow down and stay visible at every crossing.

What to Do After a Bike Accident in NYC

  1. Get to safety and call 911 if anyone is hurt.
  2. Seek medical attention right away: brain-injury symptoms can be delayed and are not always obvious at the scene.
  3. Get the driver’s license, insurance, and contact information.
  4. Photograph the scene, your bike, your injuries, and any hazards.
  5. Collect witness names and contact details.
  6. Don’t admit fault: contact our law firm before dealing with insurers.

Injured While Cycling? Get Legal Help

Bicycle accidents can cause severe injuries, including traumatic brain injuries. If your crash was caused by another party’s negligence (often a car-bicycle collision), you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

The Law Office of Jeffrey K. Kestenbaum can investigate your case and build a strong claim on your behalf. Schedule a consultation by calling our Brooklyn office at (718) 237-5586.

Frequently Asked Questions

Is it illegal to ride a bike without a helmet in NYC?

New York law requires helmets for all cyclists under 14, and New York City requires them for commercial and delivery cyclists. Other adult riders are not legally required to wear one, but doing so is strongly recommended and can reduce the severity of a head injury.

Do you have to wear a helmet on an e-bike in New York?

Helmet rules vary by e-bike class and rider; commercial and delivery riders must wear one, and helmets are recommended for all e-bike riders given their higher speeds. When in doubt, wear a helmet.

Is it illegal to ride a bicycle on the sidewalk in NYC?

You can only ride on the sidewalk if a posted sign explicitly allows it. The only exception is for children 12 years old and younger who are riding bikes with wheels smaller than 26 inches.

What should I do after a bicycle accident in NYC?

Get medical care immediately (even if you feel fine), document the scene and the driver’s information, avoid admitting fault, and contact our Brooklyn law office before speaking with insurers.

Who is liable for a NYC bicycle accident?

Often the at-fault driver, but liability can also involve a vehicle owner, an employer, or a government entity responsible for a dangerous road condition. The Law Office of Jeffrey K. Kestenbaum can assist with your case.

Don’t Face Insurance Companies Alone. Call a Brooklyn Bicycle Accident Lawyer

Call (718) 237-5586 or contact us online to schedule a free consultation with an experienced bicycle accident lawyer.

Narrow aisle of a crowded bodega filled with stacked food and household items, illustrating tight spaces and potential tripping hazards that can lead to injuries.

Injured at a Bodega? Your Legal Rights After an Accident


Posted on April 28, 2025 by

Were You Hurt While Shopping in a Bodega?

Bodegas are a unique part of New York City’s identity. With their immigrant roots and cultural significance, bodegas are just as much community hubs as they are places to shop.

These family-owned stores are embedded in NYC communities and provide a sense of connection as much as convenience. However, not even bodegas are immune to slip-and-fall risks, third-party negligence, and personal injury lawsuits.

What happens when you are injured in a store, like a bodega?

The Law Office of Jeffrey K. Kestenbaum explains what to do after an accident and how to protect your legal rights.

Causes of Bodega Accidents

Although often quaint and charming, the layout and organization of many bodegas lends itself to various customer accidents. Due to limited space, these mom-and-pop shops may have cluttered aisles, inadequate storage space, and overflowing shelves.

If bodega employees don’t stack and store away crates and boxes properly, they can create tripping hazards for shoppers. Wet and slippery conditions caused by weather or cleaning can also cause falls inside or outside a bodega.

After being injured in a store, shoppers often suffer from broken bones, sprains, bruises, and concussions.

Meanwhile, others are injured in bodegas due to assault or other violent crimes, perhaps due in part to poor security and lighting. Even just a quick trip to the corner store can lead to devastating outcomes you never saw coming.

What to Do After a Bodega Accident

If you are injured in a store or bodega, immediately assess your injuries and get medical help. If you are able, document the accident scene with photos and videos. Jot down notes about what you remember happening, and take down the contact information of any witnesses.

Notify the bodega manager about your accident and inquire about any security cameras that may have captured the incident on film. A skilled personal injury attorney can assist you with pursuing your case against an at-fault bodega owner, manager, employee, or other negligent third parties.

Proving the Bodega Is to Blame

Proving a personal injury case against a bodega is a challenging matter best left to legal experts. The best things you can do as an injured person is to take care of your health and gather as much evidence as possible.

Like all stores, bodegas have a duty to provide a safe environment for customers and remedy hazardous situations to prevent injuries. You may be entitled to compensation if a bodega is at fault for your injuries.

You need an experienced, dedicated attorney on your side to hold the business owner, their insurance company, and their lawyers accountable. We can help you get compensated for injury-related bills, pain, suffering, and loss of enjoyment of life.

Contact Us for a Bodega Accident Consultation  

If you were injured in a store, such as a bodega, please contact our law firm online or at 718-237-5586.

We are the Brooklyn slip-and-fall lawyer you can trust and rely on when you have the unfortunate experience of a bodega accident. We know how to decipher local premise liability laws, apply them to your case, and use them to win for your benefit.

Our firm handles many types of accident cases and has a compassionate team ready to listen to your story and treat you with the dignity and respect you deserve.

However, please don’t delay reaching out after your bodega accident. According to the statute of limitations in New York, you only have a limited amount of time to file your claim.

 

How to Pursue Target Injury Compensation After a Fall


Posted on March 25, 2025 by

With nearly 2,000 retail stores across the U.S., Target is a brand many people rely on for household products, food, clothing, and more. Target stores are known for their bright and inviting atmosphere, competitive pricing, and convenient shopping experience.

However, accidents commonly happen in Target aisles and leave shoppers injured and unable to go about their everyday lives.

In this article, the legal experts at the Law Office of Jeffrey K. Kestenbaum discuss what to do after a Target accident and how to pursue Target slip and fall settlements.

I Fell at Target, Now What?

Target slip-and-fall accidents happen for various reasons, such as cluttered aisles, wet floors, and improperly stacked merchandise. People also get injured in Target due to poor lighting, neglected maintenance, and employee negligence.

If you experience a fall in Target, do your best to stay calm and assess the extent of your injuries. Stay put and call out for assistance if you are in pain or feel weak or dizzy.

Tell a store employee about your fall immediately so that they can file an incident report and call for medical help. If possible, take photos of the accident scene and jot down notes about what happened while your memory is still fresh.

It is highly recommended to see a doctor for your injuries, even if they initially seem minor. If any other shoppers were around when you were injured, gather their names and contact information for possible future use. It may be necessary to contact your insurance company and a personal injury attorney if the Target store or an employee were responsible for your accident.

The Target Injury Policy

Target has a workplace health and safety policy that covers guest and team member safety from incidents and injuries. The Target injury policy generally addresses helping customers get medical assistance after a fall, incident reporting, and offering compensation by filing a claim through the company’s general liability insurance.

A skilled lawyer can help you navigate the Target injury policy and prove that an at-fault party’s negligence was to blame for the injuries you suffered.

Target Injury Compensation

After a slip-and-fall injury in Target, you could be eligible to receive compensation for a range of losses. When you file a personal injury claim, you could seek compensation for medical costs, such as an emergency room visit, surgery, ongoing doctor checkups, and physical therapy. If you missed time from work due to your injury-related treatment, you could pursue compensation for lost wages.

There are also non-economic damages that Target could compensate you for, such as emotional distress and loss of enjoyment of life. Meanwhile, your attorney could pursue punitive damages if your case involves gross negligence to hold the company or its employees responsible for your losses.

Target Slip-and-Fall Settlements

The Law Office of Jeffrey K. Kestenbaum helps injured people file claims against Target and pursue Target slip-and-fall settlements. Fighting a major corporation like Target can be challenging without experienced legal representation on your side. Fortunately, we’re here to help you gather all the relevant evidence, deal with the insurance companies, and stand up for your rights until justice is served.

We have extensive experience pursuing Target slip-and-fall settlements. We know what it takes to investigate Target injury cases, negotiate with insurance companies, and pursue maximum compensation to make things right. You can trust us to file a slip-and-fall claim against Target on your behalf and provide you with legal assistance every step of the way.

If you or someone you love has been hurt in a Target store, please contact us online or call us at 718-237-5586 for a free consultation.

A low angle close up shot, showing a dangerous and neglected sidewalk, even showing a steel support rod protruding through the concrete.

Sidewalk Safety: Who’s Responsible for Your Trip and Fall in NYC?


Posted on February 26, 2025 by

Slip and fall accidents are a leading cause of hospital emergency room visits, workers’ compensation claims, and accidental deaths in homes.

Sidewalks are among the most common places for trip-and-fall accidents, especially with our high pedestrian traffic in New York City. Sidewalks are designed to be safe places for people to walk, jog, take out their dogs, and push strollers. However, weather conditions, dangerous obstructions, and sidewalk damage can cause unsafe conditions, leading to injuries and lawsuits.

From the legal team at the Law Office of Jeffrey K. Kestenbaum, here’s a discussion of determining who is at fault for a sidewalk fall and sidewalk safety tips to protect yourself.

Causes of Sidewalk Trip-and Falls

During harsh and ever-changing New York weather, sidewalks often crack and create uneven surfaces. Rain, snow, and ice can cause potholes on sidewalks, where water pools and makes tripping hazards.

When it is raining, snowing, or icing, sidewalks become slippery and cause pedestrians to fall. Even on nice weather days, debris, such as kids’ toys, autumn leaves, and construction equipment, can create sidewalk hazards.

Proving Negligence in a Sidewalk Accident

Proving who’s at fault for a sidewalk accident is often complex and involves multiple parties. Local ordinances typically mandate that municipalities keep public sidewalks safe. However, there are also laws that make property owners responsible for sidewalks along their properties.

According to the New York City Administrative Code Sidewalk Rules, “It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.”

The NYC sidewalk code explains in Section 7-210 that the city is relieved of liability for any injury that anyone suffers on a sidewalk next to private property, with some exclusions.

Therefore, NYC homeowners and business owners are generally responsible for taking care of and paying for sidewalk maintenance in front of and abutting their properties. Meanwhile, the city may be responsible for sidewalks that do not adjoin private properties.

Sidewalk Safety Tips

As a pedestrian in New York City, it is crucial to be mindful of your surroundings to prevent sidewalk falls and the prolonged pain, suffering, and expense that they can cause.

Oftentimes, our clients aren’t to blame for their fall injuries because a property owner was at fault for poor sidewalk maintenance. But in other cases, plaintiffs share responsibility for their injuries because they were distracted, intoxicated, or otherwise irresponsible.

Here are some sidewalk safety tips to remember as you walk throughout our city on a daily basis:

  • Obey traffic signals and always use crosswalks
  • Avoid distractions like cell phones while walking
  • Make eye contact with drivers to ensure they see you walking
  • Wear light-colored and reflective materials when walking at night
  • Be alert about your surroundings, especially during adverse weather
  • Report sidewalk damage you see to property owners

Legal Help for Your Sidewalk Fall Case

Proving liability in a sidewalk trip-and-fall case involves showing that the responsible party was aware of a sidewalk hazard or that the damage or obstruction existed long enough that the party should have known about it. This information demonstrates whether a trip-and-fall accident was foreseeable and if the property owner could and should have warned people about the dangerous condition.

To navigate this complicated assessment, the Law Office of Jeffrey K. Kestenbaum provides personal injury representation to people who were injured on NYC sidewalks.

You can contact us day or night at 718-237-5586 for a free legal consultation about your sidewalk fall incident. We’ll walk you through the process of filing a claim and holding the responsible party accountable for your injuries and other damages.

Black male cyclist riding through Brooklyn, New York. He is wearing cycling gear, going for a training ride or commuting in style, on a sunny Autumn day.

Hit by a Car While on a Bike in Brooklyn?


Posted on January 10, 2025 by

Cycling is one of the best ways to get around New York City because of the exercise benefits, the ability to explore different neighborhoods, and reduced environmental impact. Approximately 28% of New Yorkers ride bikes, which means about 1.8 million people could be out riding at any given time.

However, despite NYC’s extensive bike infrastructure with hundreds of miles of dedicated and protected lanes, bike accidents are far too common. Bike fatalities have been on the rise lately, with many unfortunate and preventable injuries occurring throughout the boroughs.

If you were hit by a car on a bike in Brooklyn, here’s what you need to know to take care of yourself and protect your legal rights.

Common Causes to Be Hit by Car on Bike

Collisions between bikes and vehicles are among the most common reasons for bike accidents. Many of these accidents occur when cars and bikes must share lanes. Accidents also happen when cars make left turns in front of oncoming bikes and when drivers enter roads without seeing bikes in their path.

Cyclists may be hit by cars due to distracted or intoxicated driving, speeding, or failing to yield to bikes at intersections. However, cyclists can also be fully or partially to blame for their injuries if they aren’t paying attention to the road, not wearing helmets, or haven’t equipped themselves with reflective gear and lights.

Common bike accident injuries include bone fractures and traumatic brain injuries.

What to Do If You Get Hit by a Car on a Bike

The first thing to do after your bike is hit by a car is to prioritize your safety. If you are able, move off to the side of the road and call 911 for help.

While you wait for the police to arrive, exchange information with the driver of the vehicle and get yourself to a hospital or doctor as soon as possible. Essential details to collect at the accident scene include the vehicle’s license plate number, the driver’s insurance information, witness contact details, and photos of the scene and your injuries.

During these initial verbal exchanges, do not admit fault, even if you believe you could have been at least somewhat to blame for the incident. Discussions of fault can be left for later when an attorney reviews the police report, witness testimony, and medical records describing your injuries.

I Got Hit by a Car While on My Bike – What Do I Do?

Even though you may be in shock after being struck by a vehicle, it is crucial to keep your cool and not panic. It will only make the situation worse if you angrily yell at the driver or downplay your injuries just to avoid conflict.

In addition to taking the steps above after your accident, getting your bike checked out at a repair shop is vital. Since you’ll likely be shaken up and your bike potentially damaged, it is wise to get alternate transportation home rather than getting back on your bike to ride to your destination.

Legal Help After Being on a Bike Hit by Car

We hope that you now understand what to do if you get hit by a car on a bike in Brooklyn. Hurt cyclists in Brooklyn need the experienced legal expertise of a personal injury lawyer who understands the local laws and provides dedicated, aggressive representation to recover the best settlement possible in your case.

If you or someone you love has been hit by a car on a bike, please contact us for a free, no-obligation legal consultation. Day or night, we are here for you and just a call away at 718-237-5586 to help you return to everyday life after a bike accident.

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