Category Archives: Brooklyn Personal Injury Lawyer

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.

Man at a desk using a calculator and writing in a notebook

What to Expect Financially After a Personal Injury

Posted on September 27, 2018 by

Every day, people get into accidents. They may slip and fall in a grocery store. They may take their medicine and suffer serious side effects. Some are injured by their doctor during surgery.  Many get into serious car accidents and see their lives changed forever.

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Construction worker building a home roof

Traumatic Brain Injuries Caused by Roofing Accidents

Posted on May 24, 2018 by

Construction is one of the most dangerous job industries. There are so many elements involved, such as electricity, heights, tools and machinery. One of the most dangerous is heights, particularly roofing. Working on a roof is no easy task, especially when inclement weather is involved. One of the biggest concerns for roofers is traumatic brain injuries.

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NYC Scaffolding

Time Limit on How Long Scaffolding Can Remain in Place

Posted on January 27, 2017 by

When you are walking down the street in New York, you see a copious amount of scaffolding on the buildings. When buildings are repaired, scaffolding is put up to support work crews as well as shield pedestrians below from potential hazards like falling bricks and equipment and even exposure to dust particles from the work being done.

Sometimes, scaffolding remains in place for months, even years. This could change if a proposed bill sponsored by Councilman Ben Kallos is passed, which would require scaffolding to be taken down within six months of being placed. Ideally, this would not only reduce the structures that many consider to be an eyesore, it would reduce the number of construction accidents suffered by pedestrians.

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Brain Injury from Sports

Brain Injuries in Sports

Posted on September 26, 2016 by

Millions of young people in the United States play sports on a regular basis. From gymnastics to football, soccer to lacrosse, sports are important from a cultural, health, and social perspective. And while there is no doubt that playing sports can help children and adults to maintain physical fitness and a healthy lifestyle, as well as develop important skills, sports-related brain injuries are an emerging risk. In fact, according to a report published by S&P Global Ratings and cited by Insurance Journal, sports-related brain injuries are one of the top emerging insurance claims in both the United States and the United Kingdom.

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Motorcycle Accident Causes & Legal Advice

Posted on March 21, 2016 by

Motorcycle Accident Lawyers NYC

Motorcycle accidents happen every day on U.S. roads and, although they may not occur more often than passenger vehicle collisions, there is a higher chance of serious injury or death. Motorcyclists have a higher likelihood of being involved in an accident. According to, motorcycle accidents rank number 12 in the 25 most common causes of deaths. There are significant hurdles a plaintiff must overcome in order to be successful in a personal injury lawsuit involving a motorcycle crash. For this reason, it is important that after medical attention is received, a seasoned and aggressive Brooklyn personal injury attorney should be contacted right away.

How Motorcycle Accidents Happen

Some common causes of motorcycles accidents include:

  • Road hazards: dangerous road conditions are a much more serious threat to a motorcycle than a passenger vehicle, particularly because of the smaller size and less stability of a bike. Obstacles such as potholes, debris on the road, slick surfaces, uneven lanes, and other unexpected hindrances pose a serious threat to motorcyclists.
  • Cars making left-hand turns: possibly the most dangerous threat to the safety of motorcyclists, collisions resulting from a vehicle making this type of turn account for as much as 42 percent of all bike-related accidents. Generally, the passenger car collides when the motorcycle is passing the car, going straight through an intersection, or attempting to overtake a car.
  • Head-on collision: crashes that are caused by a head-on collision makeup more than half of all deaths involving motorcycles. Seventy-eight percent of these accidents are the result of the vehicle hitting the front of the motorcycle, as opposed to hitting a bike from behind, which results 5 percent of the time.
  • Lane-splitting: when a motorcyclists splits between lanes of stopped cars (or slowly moving traffic), an accident is likely to occur because there is less space for the bike to maneuver. State laws vary as to whether or not lane splitting is legal.
  • Speeding and/or alcohol: approximately half of all motorcycle-related collisions are caused by one or both of these factors. Because motorcycles do not provide the same protection as a passenger vehicle, death or serious injury is much more likely.

The Role of a Brooklyn Personal Injury Lawyer

Liability, or who is responsible for an accident, is not always obvious in a motorcycle incident. Generally, liability in personal injury cases is governed by negligence. The person bringing the lawsuit in court (the plaintiff) must prove that the other person (the defendant) was at fault (negligent) in order to recover damages (monetary compensation). Even if the plaintiff is able to prove negligence, in many states a defendant can dodge full liability by establishing someone else contributed to the crash.

Brooklyn Motorcycle Accident Attorney

Motorcycle accidents happen every day on our American roads, and there are several causes for these crashes. Beyond the damage resulting from a motorcycle accident, whether to the individuals’ persons or their property, establishing fault may not be so simple. The legal abilities of a knowledgeable personal injury attorney can help you and your loved ones endure this difficult time. The Law Offices of Jeffrey K. Kestenbaum represent greater New York and has a staff that is fully fluent in Spanish. Do not delay; click here or call (718) 237-5586 today to schedule your initial case evaluation.

Chipolte’s Recent Food Safety Issues

Posted on January 18, 2016 by

Chipotle – best known for providing high-quality, fresh ingredients in its nation-wide burrito chain stores – was linked to several food-borne illness cases in 2015. According to a BuzzFeed news report, the problems occurred in its California and Minnesota stores in addition to those located in Washington and Oregon. Chipotle has experienced as many as three outbreaks over the course of a few months.

Chipotle is not alone in experiencing food-borne illness problems. Indeed, the strain of e. coli affecting its Pacific Northwest stores is the same one that affected Jimmy John’s restaurants in 2012. Furthermore, the Centers for Disease Control and Prevention (CDC) reports that the number of foodborne outbreaks has been steadily increasing since 2011.

If you or someone you know believes he or she has been contaminated with a food-borne illness as a result of the wrongdoing of another, contact a seasoned Brooklyn personal injury attorney right away.

Top Food-borne Illnesses

There are several types of food-borne illnesses, commonly referred to as “food poisoning,” which can make a person sick. The most common, however, are E.coli, norovirus, salmonella, shigella, and hepatitis A. The first three are the top food-borne illnesses, according to research.

  • E.coli – this is a bacterium that produces a deadly toxin and is found in undercooked or raw meat (particularly hamburger meat) produce, and raw milk. E.coli is responsible for about 73,000 cases of foodborne illnesses annually in the U.S. Symptoms include cramping, dehydration and severe diarrhea.
  • Norovirus – the leading cause of diarrhea in the nation, this highly infectious virus transfers to any type of food if it is handled by someone who has norovirus. Symptoms include nausea, fever, vomiting and cramps.
  • Salmonella – the most common cause of foodborne deaths, salmonella causes millions of cases of foodborne illnesses and can be found in raw or undercooked eggs, seafood, dairy products, undercooked meat or poultry, as well as fruits and vegetables. Symptoms include nausea, vomiting, cramps and fever.
  • Shigella – poor hygiene allows shigella to be easily passed from person to person, and accounts for approximately 300,000 cases of diarrhea. Sources of shigella consist of unclean water, milk and dairy products as well as salads. Symptoms beyond diarrhea include fever, chills and dehydration.
  • Hepatitis A – a liver disease caused by the hepatitis A virus, which can affect anyone and can consist of isolated cases or a widespread epidemic. Symptoms include jaundice, loss of appetite, cramps, diarrhea, fever and fatigue.

Personal Injury Attorneys & Help in New York

Foodborne illnesses are a costly, yet preventable, public health risk. The CDC estimates that each year 1 in 6 Americans get sick from food poisoning. As many as 250 different foodborne illnesses have been recognized. If you or someone you know is experiencing any or all of the symptoms listed above and resides in New York, food poisoning may be the cause. Accordingly, an experienced Brooklyn personal injury attorney should be contacted immediately. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serves all of New York, including Brooklyn and the Bronx. Call (718) 237-5586 or click here today for your initial case evaluation.

Personal Injury Numbers Across the Nation

Posted on December 17, 2015 by

Brooklyn Personal Injury Lawyer statistics

The Centers for Disease Control and Prevention tracks injuries in the U.S. and has found that injuries and violence are the leading causes of death in the nation for individuals ages 1 to 44 when compared to other leading causes of death. According to the U.S. Bureau of Labor Statistics, in 2014 it is estimated that almost 3 million individuals were hospitalized due to injuries. Almost one million of these personal injuries required time away from work. Continue reading

What to Do if You Are in a Workplace Accident

Posted on November 17, 2015 by

brooklyn injury attorneyAcross our great nation, approximately 94 percent of employees – about 140 million workers – are covered by workers’ compensation insurance. In fact, according to the U.S. Department of Labor (DOL) as of November 2015, New York workers’ compensation has paid more than $412 million in compensation to claimants. Medical expenses were more than $17 million in addition to this prior number. Approximately 12,000 workers’ compensation claims are filed each year by claimants living in New York while worksites located in New York accounted for tens of thousands of additional claims.

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Former Tennis Star James Blake Tackled by Police: Mistaken Identity

Posted on October 14, 2015 by

ames blake and police brutality

Tackled by undercover law enforcement, slammed on the ground, handcuffed and detained – this was not the experience former tennis star James Blake was expecting when he was en route to attend a U.S. Open event in Flushing. Unfortunately, that’s exactly what happened, according to a recent Time Magazine report. Mistaken for an identity theft suspect, 35-year-old Blake reports not one of the plain-clothed Caucasian officers identified themselves when they tackled him in front of the Grand Hyatt Hotel in Midtown. The Harvard-educated former professional athlete was waiting for a car ride and had just finished an interview with a magazine writer. Continue reading