FAQ’s

The law in New York state does NOT allow you to use a handheld mobile phone while driving. If you use a handheld mobile phone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 plus mandatory surcharges and fees of up to $85. For offenses committed October 5, 2011, and beyond, this violation also carries three driver violation points. You may talk on the cellphone using a hands-free device.
Questions? Visit the NYS Government’s website on distracted driving, talking and texting or contact our firm, and we’ll be glad to explain the law to you in detail.

It depends. Unfortunately, there isn’t a required time prior to which the adjuster must make the settlement offer. Quite often adjusters will tell you that they’ll get right back to you after receiving your records and a lot of time will pass before you hear from them. Insurance adjusters often “stall” and wear you down, which means individuals often accept much less than their case is worth. Don’t get caught playing this “game.” Contact a car accident attorney who is experienced in dealing with insurance companies. At StolzenbergCortelli, LLP, we are happy to give you a free consultation if you find yourself in this situation. Contact us now.

Distracted driving occurs any time you are “distracted” and not focusing on the primary task at hand – driving safely. The use of cellphones is a common distraction but keep in mind distracted driving occurs any time you take your eyes off the road, your hands off the wheel, and let your mind wander rather than focusing on the task at hand – driving safely.

Distracted driving is a serious problem: Nearly half a million people are injured each year as a result of car accidents due to distracted drivers.

Determining whether or not you are experiencing symptoms relating to PTSD can sometimes be difficult. It is quite common for people to experience some type of PTSD symptoms after an accident or other traumatic experience – feelings as if your safety was broken, feeling disconnected, angry, numb or finding it hard to stop thinking about the event are all normal reactions after you’ve been in an accident. Individuals vary – some people experience these feelings for a few days, others a few weeks. These feelings will decrease and then eventually disappear. If a few weeks pass and you are still suffering, you may be experiencing PTSD; seek help from your doctor.

You must contact the Motor Vehicle Dept. in the other state in which you’ll be living. If that state issues a driver’s license that is valid only within that state (a “one-state only” driver’s license), you can apply for that type of driver’s license and keep your NYS driver’s license. If the other state does NOT issue a “one-state only” driver’s license, you must decide in which state you will have your license. You CANNOT have a driver’s license from more than one state unless one of the licenses is a “one-state only” license.

It is important to know that New York does NOT issue a “one-state only” license.

If you apply for a full driver’s license in the state other than New York, you will be required to surrender your NYS driver license.
Contact the New York State Department of Motor Vehicles if you still have questions.

In New York, when you complete the defensive driving course, you receive a certificate of completion that must be turned in to your auto insurance company. Once your proof of completion is received, a minimum 10% reduction will be applied to the base rate of the insurance premiums of your liability and collision insurance. This insurance reduction will remain in effect for three years, and you may renew it after each three-year period has ended.

If you are a passenger or pedestrian injured in an auto accident in New York, you might be able to collect medical and other benefits from your household automobile insurance company under the uninsured motorist benefits. If you do not have household coverage, you may be entitled to benefits from the Motor Vehicle Accident Indemnification Corporation. This process has strict timelines and, as with filing for any type of uninsured benefits, can be quite tricky. Therefore, consult an attorney if you find yourself in this situation.

Yes, it is best NOT to admit responsibility for the accident at the scene to the police and others involved. If there is litigation, anything you say might be used against you. Although you might have thought the accident was your fault, you might find out later that the other driver was to blame or that both of you were at fault for the accident. Be careful here. You should be honest with the police and/or others about what happened and the “facts” surrounding the accident, but you should not offer your opinion – in this case, your opinion that the accident was your fault.

If you have been injured in a motor vehicle accident, you should see a doctor right away. Firstly, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Secondly, you should see a doctor because if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and what you did to fix them.

There are a number of things to consider when driving on roads that are flooding:

• Always drive over the highest part of the road
• Drive as slowly as possible through the flooded part of the road
• Drive through using first gear in high revs with the clutch partially engaged (this minimizes the chances of water going up your exhaust)
• Never remove your foot from the accelerator
• Once you’re clear of the water, check your breaks in order to dry them out a little before continuing

Yes, we believe that is the best way to proceed. Construction accident cases are very complex. Your claim may involve legal issues regarding liability, compliance with safety regulations, engineering, indemnity and the amount of damages. A lawyer who is experienced in the area of construction accident law will help ensure that you receive the legal remedy to which you are entitled.

Silica is one of the most common minerals in the earth’s crust. Glass, beach sand, silicone and granite are all silica materials. Exposure to crystalline silica or quartz is the concern for construction workers who can be exposed to silica when cutting, grinding, drilling, sanding, mixing or demolishing materials containing silica. The size of the airborne silica particles determines the amount of risk. The smaller particles are of greater concern as they can be inhaled deep into the lungs where they can cause damage.

In New York, you must file a mechanic’s lien against a commercial property within eight months of the last time they provided labor and materials to the project.

The answer will depend on whether or not the violation was the cause of your injury and where your case is heard. Some courts have held that the violation of an OSHA regulation is negligence per se where an injury resulted, which means that the violation of OSHA is enough proof of the employer’s negligence. However, other jurisdictions have found that an OSHA violation can be one factor in finding the employer negligent, but cannot be the only factor.

Yes. Although workers’ compensation laws prohibit you from suing your employer directly, you may bring a lawsuit against the owner of the site and the general contractor even if they had nothing to do with causing your construction accident injury.

If you are involved in a lawsuit regarding a construction accident, you will be asked to give a deposition. A deposition is an interview given under oath. It involves answering a series of questions posed by lawyers for all sides in the construction accident. A court reporter records the statements; a written transcript of this recording may be used as evidence in court. If you have to give a deposition, your construction accident attorney will prepare you and accompany you during the deposition. Witnesses of the construction accident may also be asked to give a deposition.

A recent Appellate Division case raises the prospect that a release – alone – may not foreclose your malpractice action if you believe your attorney may have made an error. However, generally speaking, it would appear that signing a release and settling a case pretty much would put an end to your malpractice case, notwithstanding this case. After all, how can you make a claim after you effectively stated in writing that you are ok with the money settlement? It’s almost like saying you are not happy with a written contract after you signed it. I would imagine that one would need to show some kind of fraud – which is almost impossible to do – in order to be successful in this type of situation.

Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Don’t worry. Most states have laws that require car insurance carriers to provide medical coverage to anyone involved in a car accident, no matter who was at fault for the accident. So, if you were injured in a car accident, your car insurance carrier will pay your medical bills. If you were in a friend’s car, your friend’s car insurance carrier will pay your bills. In New York, one is entitled to $50,000 worth of insurance coverage. Speak to an attorney for more information on this subject.

Arbitration is the hearing of a dispute by an impartial third party or parties (the arbitrator) whose award both parties agree to accept. The arbitrator(s) listen to evidence concerning the dispute and make an award based on the evidence.

Comparative negligence is the rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.

The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an “ordinary reasonable person” would have acted. The determination of whether a given person has met the “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

You should provide a lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents, fires and assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage and your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven’t collected any documents at the time of your first meeting, however, don’t worry; your lawyer will be able to obtain them in his investigation of your claim.

The number one question on most of my clients’ minds is how much is their case worth. I get that question all the time. And, it makes sense. My clients have been seriously harmed and usually are out of work. That means they are making no money. They are suffering physically, emotionally and, perhaps most importantly, financially. As such, they want to know the value of their case. They want to have an idea of where they are going to be financially once the case is resolved. Will they be destitute or will they be at a place that is somewhere near where they were the day before the accident occurred.
As such, the following presents a general construct as to how an attorney evaluates a case. Certain terms become important, such as liability, injuries, damages and comparative negligence.

Liability And Damages – The Most Important Aspects Of A Case
Liability and damages are the essential elements of any evaluation of the value of your case. Together, these elements provide pretty much all the information you need to get a good estimate of what you can expect to receive at the conclusion of the case. Let’s discuss each of the terms one by one.

Liability
First, liability is the lawyer’s way of saying how did the accident happen and relatedly who is responsible. Because, before you can sue somebody, you must ensure that there is a party that is at fault for the happening of the accident.
Generally, when somebody rear-ends another car stopped at a red light, that’s a slam dunk liability in the plaintiff’s favor. In other words, because of that driver’s carelessness (or, as we say in the law, because of that driver’s negligence), the accident never would have happened. But, some cases are not easy. For instance, sometimes a car may make a left in front of you, but maybe you were driving too fast and thus you prevented the other driver from accurately gauging the reasonable amount of time he or she had to complete the turn.

In cases like this latter scenario, the courts will allow the jury to apportion fault between the parties. As such, in the first scenario, where there was a hit from behind at the light, the other driver will be held 100% responsible. In the second scenario, however, where the other driver makes the left in front of you, maybe that driver is 75% responsible for the accident, but because you were driving too fast, you are held 25% responsible.

Comparative Negligence – Where The Plaintiff Is At Fault
When the plaintiff is responsible, even just partly, for the happening of the accident, it is said that the plaintiff is comparatively negligent for the accident. As you will see in a moment, this concept – of apportioning liability between the parties – will become a critical factor in helping one understand the value of one’s case.

Damages
Pain And Suffering – Loss Of Enjoyment Of Life
Damages is a pretty straightforward concept. Damages is the amount of losses one suffered because of the other party’s carelessness or negligence. Damages can mean different things. It can mean the pain and suffering that one occurred immediately after the accident. For instance, if there is a car accident, and one suffers a fractured leg, that is a lot of pain, at least temporarily, and that will be one aspect of the damages claim. Sometimes, pain lasts longer than just that which is associated with a fractured leg. Sometimes, people have accidents and their injuries become chronic. In other words, they will have pain for the rest of their lives. For example, persons who suffer severe injuries to their neck or back often do not reach pre-accident status. Sometimes, these persons require surgery where their spine is rebuilt using plates and rods. These persons end up suffering pain for the rest of their lives.

Damages also includes claims regarding how the injuries have impacted their right to enjoy their lives. For instance, if, because of the accident and subsequent injuries, one can no longer enjoy their favorite hobbies or activities, such as jogging or working out or even taking walks without pain, this would be part of your damages claims. These claims are often very expansive and yet unique to each person’s case. Sometimes, our clients complain that they can no longer pick up their children or grandchildren without incurring pain. Some complain that they struggle carrying groceries from the supermarket. Some complain that they have trouble sitting at their desk to look at a computer because it causes pain. Some complain that the pain prevents them from getting comfortable in a chair or falling asleep at night. Some say that the pain prevents them from turning their neck, which makes it problematic when driving. Others complain that they can no longer do simple things such as house or yard work. All of these losses would be included in one’s claim of damages.
Pecuniary Or Economic Losses – The Damages Associated With Being Unable To Work Or Pay Medical Bills
Another aspect of a damages claim would be a pecuniary or economical claim. This claim stems from one’s lost earnings. It would include a recovery for lost earnings that happened right after the accident such as where one misses a few weeks or months of work following the accident. Here, you sue for the amount of earnings you did not make because you were hurt and missed work. On the other hand, there are also victims of accidents who no longer are able to work because of the accident. They have become permanently disabled. In this case, one would be pursuing a loss of future earnings claim. Basically, here, you figure out what you would have made for the rest of your life if you were able to work and then you sue for that number.
Also included in this claim would be any medical bills incurred. Not only are past medical bills covered, but one is also entitled to make a future medical claim. For instance, one can sue for the cost of a future surgery if one would be needed.

Putting It All Together – What Is The Full Value Of Your Case?
Once you have determined liability and the extent of damages, you need to then place a value on the case. Because we cannot go back in time and prevent the accident from occurring, the law instead states that one can recover from another the dollar value equal to the amount of damages caused by the other’s carelessness.

One way attorneys do this is by looking at similar cases that have occurred in the past and using the numbers those cases settled for so that they can determine the value of your case. For example, if you suffered a shoulder injury when another driver hit you while riding your bike, your attorney may look to prior cases where the injured party also suffered a shoulder injury in a bike knockdown case. This will help to determine the value of the pain and suffering aspect of your claim.

Generally speaking, damages for pain and suffering can be placed on a broad spectrum. On the lower category of claims, a broken arm or leg may be worth in excess of $100,000 and even more if a surgery is involved or where the fracture did not heal properly. In the middle category are claims involving substantial surgeries like neck or back surgeries. Such claims can have values in excess of a million dollars ($1,000,000). Then, on the other end of the spectrum, are the claims where a person has become paralyzed or is in a coma or something of that nature. Those claims would be worth many millions of dollars.
From that number, you then add any pecuniary losses. Again, this would be the amount of lost earnings, both past and, if applicable, future. So, if you were making $100,000 a year and now you cannot work, you would be entitled to the value equal to your average earning salary ($100,000), times the number of years you would have been working had the accident not occurred (take the age you were when you were injured and subtract from 65, which is the average age of retirement), and that’s a rough estimate for your lost earnings claim. An economist can help with this claim as the future value of a dollar needs to be figured out, along with what would be typical raises and adjustments for inflation. It is not uncommon for this value to be in excess of one million dollars ($1,000,000). Then add medical costs, both past and future. The number you come up with would be the “full value” of your case.

Taking Into Account Your Responsibility For The Happening Of The Accident
Now, once you have the full value of your case, you need to take the liability element into account. As discussed above, if the defendant is 100% liable, then the value of your case should be equal to the full value of your case. But, if the injured party is perhaps 50% responsible (or comparatively negligent for the accident), then the case is worth roughly 50% of the full value of the case.

Summary
Of course, determining the value of a case is more an art than a science. It is for this reason that we call it the “practice” of law. We do our best, but there is not always the right answer; instead, we are looking for the best of many possible answers.
If you have any questions regarding the value of your case, please feel free to call our office at 800-494-0889 and ask for Howard Stolzenberg or Terrence Cortelli and we will be happy to discuss any issues you may have. Also, feel free to email us As always, we are here to help.

If you are concerned about abuse or neglect in the nursing home, be on the lookout for the following:

• Unexplained bruises, cuts, burns, sprains or fractures in various stages of healing
• Bedsores or frozen joints
• Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained or bloody underclothing
• Sudden changes in behavior
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Staff not allowing resident to be alone with visitor
• Resident being kept in an over-medicated state
• Loss of resident’s possessions
• Sudden large withdrawals from bank accounts or changes in banking practices

Exploitation is defined as the wrongful use of an older person’s resources for profit or advantage. Some definitions refer simply to the misuse of an older person’s funds, property or person. To qualify as exploitation, resources must have been obtained without the older person’s consent or obtained through undue influence, duress, deception or false pretenses.

Section 2801-d of the public health law establishes a private right of action against a nursing home for a deprivation of a “right or benefit” created by a state or federal statute, code, rule or regulation. These rights and benefits relate to such things as bedsores, inadequate nutrition, mental and physical abuse, physical and chemical restraints, inadequate supervision, and failure to provide adequate and appropriate medical care.

A safety program is a set of policies and work practices specifically designed to reduce hazards and assure a safe work environment. It incorporates regulations and guidelines as established by OSHA, the Occupational Safety and Health Administration. An effective safety program focuses on a commitment to monitor and improve safety on a regular basis.

You may still have a claim if your injuries are preventing you from earning as much money as before the accident, or they have forced you to take work that does not have the same potential for advancement and salary increases later on. In fact, you may still have a claim even if you are earning the same wages as before the accident.

Yes. There are multiple types of product liability claims that can be made when a manufactured good causes harm to a consumer. In most cases, a product liability claim of negligence or strict liability will be in the form of a manufacturing defect, a design defect or a marketing defect (i.e., a failure to warn of the danger). The difference between a manufacturing defect and a design defect is that with a manufacturing defect, the product would be safe if manufactured properly. A design defect will be dangerous regardless of the materials used. You might want to contact an attorney who has experience in handling product liability cases. We are such attorneys. Contact us for a free consultation.

The most common symptoms of lead poisoning are:

• Growth delay in children
• Behavioral problems in children
• Headaches
• Stomach ache
• Damage to the reproductive system
• Harm to internal organs
• Diarrhea
• Lethargy

It has been estimated that over one million workers are exposed to lead poisoning daily at work. If you or a loved one is experiencing any of the above symptoms and believe it can be because of lead poisoning, feel free to contact us for a free consultation.

Modifying a product can certainly change the outcome of a personal injury case. If you modified the product such that the changes made contributed to your injury, it could reduce or eliminate your recovery. If proven that the modification did NOT have an effect on your injury, it may not hurt your case. Contact a personal injury attorney to discuss the specific circumstances surrounding your situation.

If you have been injured by a product you believe is defective, it is important to keep it in a safe place where it will remain in that same condition until your attorney has it examined by a qualified export. If you fail to do that, there is a chance that portions of your case may be dismissed later on. Do NOT dispose of it!
Contact our office; we will be happy to offer you a free consultation.

These are the most frequent occurrences of slip-and-fall accidents:

• Falls in parking lots
• Falls in supermarkets
• Falls in shopping malls
• Slips in escalators
• Falls down flights of stairs
• Falls at the playground
• Trips outside of businesses
• Trips at school
• Trips on the sidewalk
• Slips on driveways
• Slips in restaurants

Different aspects of the law apply, depending on where and how your accident occurred. However, in ALL cases, it must be established that the property owner, agent or manager failed to keep the area where you fell in a safe condition. Law requires that the property owner knows of the dangerous or unsafe condition, or should have known, of the conditions.

If the owner or manager of the building or store was negligent in replacing a bulb or lighting fixture, or simply doesn’t provide adequate lighting, you could have a case. Inappropriate or inadequate lighting can just as easily be the cause of an accident as debris or liquid on the floor. If you find yourself in this situation, contact our slip-and-fall attorneys right away for a free consultation.

Yes. Your recovery in a personal injury action can include payment for income lost through missed work and compensation for any loss of earning capacity resulting from the accident.

Yes. Commercial truck drivers must have a commercial driver’s license if:

1. They drive a vehicle that weighs more than 26,000 lbs
2. They transport themselves and 16 or more passengers
3. They transport hazardous materials

To get a commercial driver’s license, a driver must pass a knowledge and driving skills test; the driving skills test must be taken in a truck that is similar to the type of truck the driver will drive.

Personal injury law allows for the recovery of compensation for hospital bills, medical expenses, lost wages, pain and suffering, future medical expenses, loss of future earnings, loss of quality of life and funeral expenses. For a free evaluation of your accident, contact us now.

If you are involved in a tractor-trailer accident, you can sue the driver and the trucking company responsible for causing the accident. You might also sue the owner of the trailer and the shipper as well as any other driver, person or entity who in any way contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident. An attorney who specializes in tractor-trailer accidents will best guide you.