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Accidents that involve personal injury in New York occur either because someone intended to cause harm, or because they behaved in a negligent manner. When an individual acts with the intention of breaking the law or in order to cause harm, their actions will be legally examined under intentional tort law. However, if you have been injured in an accident that was caused not intentionally, but due to the party at fault breaching their duty of care, you can raise a negligence tort claim. Accidents that involve personal injury in New York occur either because someone intended to cause harm, or because they behaved in a negligent manner. When an individual acts with the intention of breaking the law or in order to cause harm, their actions will be legally examined under intentional tort law. However, if you have been injured in an accident that was caused not intentionally, but due to the party at fault breaching their duty of care, you can raise a negligence tort claim. Anyone who has been injured in a slip-and-fall accident or a car accident or sustained an injury due to a defective product or as a result of medical malpractice can file a personal injury case under New York State’s civil practice law. These cases are tried in the courts of New York located in each of the 5 boroughs of New York City. What is the Procedure to File a Personal Injury Lawsuit in New York? The legal process of filing a personal injury lawsuit in NYC begins with drafting a petition which is a legal document identifying to the court the parties involved in the case. This petition gives details of the actions of the negligent party (called the defendant) that caused the accident victim (called the plaintiff) to suffer damages. In this document, you must also spell out the nature of the injury and damages you sustained and explain the relief you seek in compensation for the loss you had to suffer. After drafting this petition, it has to be filed in the appropriate New York court of the county that has jurisdiction over the case. In most cases, jurisdiction is decided based on where the accident or injury occurred or based on where the party lives. Filing the petition is a crucial step and must be completed within the time frame specified in the statute of limitations. After filing the lawsuit, you have to serve the defendant with the summons that has been issued by the court where you filed the petition, along with a copy of your petition. This summons orders the defendant to come forward to file their answers to your petition. What Happens After You File a New York Personal Injury Lawsuit? After the defendant has filed their answers to the plaintiff’s petition, both sides get the opportunity to find out more or to ‘discover’ about the claims and evidence of the other party. This process is called discovery, and it involves the exchange of both oral and written questions and answers. The issuing of subpoenas for records and the ordering of the records also takes place during this phase. In the more simple cases, discovery can be completed within four to six months but in more complex cases, it has been known to stretch to several years, too. Written discovery As part of written discovery, an experienced personal injury lawyer in NYC will use one or more of the following: Request for admissions which are simple questions that the defendant can admit to or deny Request for disclosure involves more specific questions that require detailed answers from the defendant Request for production is used to ask the other side to produce documents Interrogatories include questions that will be used by a lawyer to learn more about the opposite side’s claim Oral discovery Oral discovery or a deposition refers to the process of getting information under oath from a person who has knowledge that is relevant to the case. This process occurs at a place and time that has to be agreed upon by the attorneys of the parties involved in the case. Either of the parties in the case may be deposed; someone who has been a witness to the injury or an expert who can shed more light on the injury can also be a part of the deposition. Issuing of subpoena and ordering of records Along with the deposition, an attorney can order the production of records such as medical records and bills through a subpoena or an affidavit. Other records commonly ordered include police reports, employment records, tax returns, and repair bills. What is Alternative Dispute Resolution in Personal Injury Cases? Alternative dispute resolution (ADR) is a set of processes such as negotiation, arbitration, or mediation where the parties work to arrive at a resolution of the case without resorting to litigation. These procedures are generally faster and less expensive than a court trial. In mediation, a trained mediator who is a neutral party works with the concerned parties to resolve their conflict through the process of negotiation. Arbitration is a more formal process as compared to mediation but not as formal as a court trial. Arbitration generally involves a private hearing where all the parties give their evidence to arbitrators who are neutral entities who will arrive at a resolution. When you choose to file a personal injury lawsuit in New York, it is best to engage the services of an attorney who has extensive experience with all forms of resolving a personal injury dispute whether it is a settlement, arbitration, mediation, or a court trial. What Does a Personal Injury Case Court Trial Involve in NYC? A court trial is the last stage of the process of litigation that flows through the stages of a jury selection, opening statement, and presentation of evidence followed by the closing argument and the final judgment and verdict. Trials may be completed in a few days or go on for weeks together based on the complexity of the case. Jury selection During this, the lawyers of both sides question the prospective jurors to finally select the jury. Every side has access to a specific number of peremptory challenges that can be used to strike a juror for any non-discriminatory reason. Both sides also have access to unlimited strikes for the cause which can be used when a prospective juror’s reply to a question shows that they are incapable of being an impartial and fair juror. Opening statement This refers to that part of the trial where each side gets time to explain what exactly the case is to the jurors. Statements made during this time are not considered as evidence and the purpose is to give an overview of what the evidence will show and the verdict that the lawyers expect the jury to give. Evidence presentation During this stage, witnesses are called upon to provide their oral testimony in front of the jury. It is during this phase that the photographs and documents are provided as evidence and also when the examination and cross-examination of witnesses occurs. Closing argument In this stage, the lawyers of both sides are provided a fixed amount of time to talk to the jury and argue the meaning of the evidence. Lawyers use this opportunity to explain how the jury should use the evidence presented to reach a conclusion in their favor. The plaintiff’s side gets to divide the time they have into two parts – an initial opening and a rebuttal after the defense has concluded their closing argument. Rendering of the verdict and judgment Once the closing arguments have been concluded, the jurors retire to the jury room and take time to consider the information they have received in keeping with the court’s instructions. When the jury is made up of 12 persons, 10 of them at least must agree on the jury questions that have been given to them. Once an agreement is reached, the jury conveys it to the court, and then it will be read out to the parties. However, if the jurors do not reach a conclusion accepted by 10 members, the result is a mistrial. After considering the jury’s answers to the questions from a legal standpoint, the court finally gives the final judgment. The side that has lost in the personal injury trial is given 30 days to either pay up or to pursue an appeal. Injured in an NYC Accident? Get in Touch With Us Today for the Right Legal Advice Being injured in an accident can be a devastating experience and understandably, your priority will be recovering your health. However, as soon as you have received the necessary medical treatment, it is critical that you take steps to pursue damages for an injury you had to suffer for no fault of your own. If you or a loved one has been hurt due to the negligence of another person in New York City, get in touch with our accident attorneys who are available 24/7 to give you free legal advice. At Rosenberg, Minc, Falkoff & Wolff, LLP, our personal injury lawyers know the importance of acting quickly to ensure justice for our clients. We have the resources to build you a strong case that can obtain for you maximum compensation through either negotiation or a court trial based on the specifics of your case. To discuss your case with a compassionate and knowledgeable lawyer, get in touch with our law firm today at 212-344-1000 or contact us online for a free and confidential case evaluation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Anyone who has been hurt in an accident in New York caused by the negligence of another party has the legal right to seek compensation for their loss. Some personal injury cases get settled out of court after successful negotiation with the insurance company representing the party at fault. In cases where there is disagreement about the compensation being offered, the accident victim may decide not to settle and instead, proceed to go to trial to get their rightful due. Anyone who has been hurt in an accident in New York caused by the negligence of another party has the legal right to seek compensation for their loss. Some personal injury cases get settled out of court after successful negotiation with the insurance company representing the party at fault. In cases where there is disagreement about the compensation being offered, the accident victim may decide not to settle and instead, proceed to go to trial to get their rightful due. Going the court trial way is a highly time-consuming and costly process. Negotiating a voluntary settlement outside of court is therefore often viewed as an easier way to quickly resolve the case. If you choose this option to deal with your personal injury claim, it is important to make sure you get a fair value as compensation. General Procedure in a Settlement Negotiation in New York Soon after having sustained the personal injury, you must present a demand letter and other supporting documents to the insurance company. Following this, you will have to communicate with the insurance adjuster to discuss the strengths and weaknesses of the claims you have presented. The adjuster will then make their offer of settlement and this will typically be lower than what you have asked for in your demand letter. You will have to make a counteroffer that is lower than the amount you initially demanded, but higher than what the adjuster has offered. After some further bargaining, both parties may agree on a settlement amount that lies somewhere in between both their initial offers. Reasons Why Your Claim may be Diminished Insurance companies are generally reluctant to part with money and there are several reasons that a claims adjuster may quote to diminish the value of your claim. The most common ones include: You did not seek medical care immediately after the accident but waited for many days. You were also responsible for the accident and therefore, the insured person is not 100% liable for the damages you suffered. The injuries you suffered are not significant enough to justify the amount of time you took off from work. The cost or length of your medical treatment is unreasonable as per current standards. Your injuries are a mere aggravation of an already existing health condition or previous injury you suffered and therefore, not new. The compensation you are seeking for your pain and suffering is unreasonably high. Topics that may Come up During Negotiation During a settlement negotiation, insurance adjusters cover a wide range of topics, asking questions that seek to dispute the facts you have presented. These questions are more often than not designed to test how firm you are about the strengths of your case and also to limit the compensation you receive. The most common topics discussed during such negotiations include the following: How extensive were your injuries? Did they cause a disability or a long-term impact on your health and lifestyle? Who was liable for the accident? What was your contribution to the negligence that caused the injury? Does the insurance policy actually cover the accident? Were the medical treatment procedures and therapy you received really necessary to treat the injuries? Did you have any previous health condition that aggravated the current injury and caused you to sustain greater loss? Tips for a Successful Negotiation of Your Personal Injury Settlement in New York It is a good strategy to provide reasonable answers to the questions raised by an insurance adjuster during the personal injury negotiation settlement process. However, you must also stay alert to the fact that some adjusters may seek to make you settle for less than what is due to you by using unfair tactics. Here are a few tips to successfully negotiate your way to the personal injury settlement that is your actual due. Set a Minimum Settlement Amount in Your Mind At the time of preparing the demand letter for personal injury settlement, you are likely to have arrived at what you believe to be a reasonable range for the settlement amount. Before speaking to the insurance adjuster, make sure you have mentally decided on a minimum settlement amount. You don’t need to reveal this during the negotiations; it only serves as a tool to keep you focused on what is and isn’t acceptable to you. During the negotiation, it may become obvious that newly uncovered evidence or facts call for an upward or downward revision of this minimum amount. In such situations, do not blindly cling to your previous resolve; stay flexible to accommodate the new facts so that you get the best possible deal. Ask for More Information Adjusters may begin the conversation by making a very low offer. Often, this may be a tactic to check how well you know your case’s worth or to find out how desperate you are for a settlement. When faced with such a low offer, ask for specific information that justifies it and make a note of the points raised. Later, write to the adjuster and respond to each of these points, and wait to see if they are agreeable to what you suggest. Most adjusters in such situations realize that you are not someone who can be intimidated into accepting a low figure and this will force them to come up with a more reasonable settlement offer. Never Jump at the First Offer you Receive When the insurance adjuster makes their first offer, evaluate it to understand its real nature. Never quietly accept the very first offer that is made. Adjusters often make ridiculously low offers as a negotiating tactic to see how firm you are about the validity of your claims. If the offer is lower than what you expected but still, a reasonable one, make your counteroffer that’s slightly lower than your initial demand. This conveys openness to negotiation and with a little more effort, you should be able to bargain to reach a settlement figure that is agreeable to both parties. Draw Attention to the Emotional Aspects of the Case Make it a point to emphasize the emotional aspects of your case during the settlement negotiation. Refer to how badly smashed your car was, or highlight how your injuries prevented you from caring for a young child or elderly parents dependent on you. If an investigation threw up evidence of the at-fault driver being distracted or driving under the influence of alcohol, bring up these aspects to strengthen your arguments. Although it isn’t possible to put a price on such emotional issues, they can make an impact on the insurance company’s willingness to settle the claim. Be a Smart Negotiator After the initial discussion and your first counteroffer, wait until the adjuster communicates their decision. Never reduce your personal injury claim further until they make a better offer. Reducing your demand more than once sends is bad bargaining because it sends across a signal of your being desperate for a settlement. If the adjuster raises further points, examine them and see if they are valid, and then decide whether to accept their revised offer or to continue to hold your ground. Capture the Settlement Terms in Written Form After both parties reach an agreement on the settlement amount, have the insurance adjuster confirm it for you in writing. Write a letter stating the details that have been agreed upon such as the amount of the settlement, the damages it will cover, and the date by when you will receive the documents from the insurance company. This documentation will prevent any situation of the adjuster backing off at a later date. Engage an Experienced Personal Injury Attorney in NY A study conducted by the Insurance Research Council in 1999 showed that settlements tend to be about 3.5 times higher when the injured person engages a legal team to handle their case. This is quite a sizeable figure and can make a huge difference to the amount you are able to recover in damages. If your injuries are of a more serious nature and your claims run into tens of thousands of dollars, it is a good idea to engage the services of an experienced personal injury attorney. The presence of an attorney indicates that you are serious about pursuing your claims and quite willing to take the legal route to a trial and this ensures that the adjusters come up with far more reasonable offers of settlement. If you have suffered a personal injury in New York due to the negligence of another party, get in touch with our skilled personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP. If you or a loved one have been hurt in a car or truck accident or suffered due to medical negligence or sustained a slip-and-fall accident, call our attorneys at 212-344-1000 or contact us online to schedule a free consultation. Whether it is negotiating with the insurance adjusters or even pursuing the case to trial, our team will help you build a case that’s strong enough to fetch you the maximum compensation that you rightfully deserve. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

If you suffer injuries or monetary losses as a result of a third party’s actions (negligent or otherwise), you can bring a tort claim against them with the help of an NYC personal injury attorney and seek damages. The process of recovering damages through a New York City personal injury lawsuit generally involves several steps – each of which has its own procedural requirements. With the help of an experienced attorney, you can expedite the process to a great extent and recover the compensation you deserve. If you suffer injuries or monetary losses as a result of a third party’s actions (negligent or otherwise), you can bring a tort claim against them with the help of an NYC personal injury attorney and seek damages. The process of recovering damages through a New York City personal injury lawsuit generally involves several steps – each of which has its own procedural requirements. With the help of an experienced attorney, you can expedite the process to a great extent and recover the compensation you deserve. Steps Involved in a New York Personal Injury Case Filing a Summons and Complaint This is the very first step in filing a personal injury lawsuit in New York City. In this step, the personal injury attorney who represents you will file a summons and complaint with the court on your behalf. The complaint generally contains the name and date of the accident, the injuries you suffered, the legal basis for your claim, and other relevant facts. The summons informs the defendant (the person who caused the accident) why they are being sued and notifies them that they must respond to your complaint within 30 days. The purpose of filing a summons and complaint is to inform the defendant and the court what your lawsuit is all about. Once it is filed, the court will assign an index number to your case. It is a unique number which can be used to track your case. Serving the Summons and Complaint to the Defendant After filing the summons and complaint with the court, your attorney will serve a copy of the same to the defendant, so that they can respond to it. The case papers can be served in three ways. In Person Delivery – The complaint papers are personally handed to the defendant. Substituted Delivery – The complaint papers are handed to a third party who can hand them to the defendant. Conspicuous Delivery – The complaint papers are left in a place where they are most likely to be found by the defendant. A copy of the complaint is also mailed to the defendant’s address. Under New York law, a summons and complaint can be served by a process server or by any third party who is over the age of 18. It should be noted that anyone who is a party to the lawsuit is prohibited from serving the papers to the defendant. They are, however, allowed to accompany the person who serves the papers. If the papers are not served to the defendant in a timely manner or if they are not served in the right way (as mentioned above), the defendant can cite it as a reason – commonly referred to as bad service – and request the court to dismiss your case. If it happens, you have to start the process all over again. So, it’s fundamental to make sure your case papers are served in compliance with the law. The Answer to the Complaint Once the defendant receives the summons and complaint, they are required to respond to it within a period of time (usually 30 days). In their response – commonly referred to as the answer – the defendant will deny the allegations against them and state why they should not be held accountable for your injuries. In some cases, instead of responding to the complaint, the defendant might choose to request the court to dismiss the case – if they believe that there is a legal basis to do so. If the defendant does not ask the court to dismiss your case and fails to respond to your complaint within the stipulated period of time, your attorney can file a request with the court to obtain a default judgment. A default judgment can be issued in favor of the plaintiff (the injured party) in the absence of the defendant – if the latter fails to respond to the summons served to them. In rare cases, the defendant might respond to your complaint with what is called a counterclaim. A counterclaim – as the term indicates – contains claims against you – made by the defendant. It is essentially a reversal of the situation where the defendant accuses you of negligent or wrongful action. If you are served with a counterclaim by the defendant, you can respond to it – just like the defendant responded to your complaint – with the help of your NYC personal injury attorney. Discovery This is a key step in the litigation process where your side and the other side can exchange information which is relevant to the case so that you both know what you are up against. This is done to make sure one side does not blindside or ambush the other at the trial by producing a surprise witness or submitting hidden evidence which can stack the odds in their favor. Generally, there are four ways in which one side can get the information they want from the other side. These include: 1. Interrogatories Interrogatories are a set of questions that one side can send to the other side to get the information they need. The other side is required to respond to the questions in writing and under oath. The other side can also do the same to get the information they need. 2. Requests for Production One side can request the other side to produce copies of documents that are relevant to the case. 3. Requests for Admission One side can ask the other side to admit or deny a claim, allegation, or material fact related to the case. 4. Depositions A deposition is a process where the attorney representing a party can question the other party or the witnesses on their side in the presence of a court reporter. The person who answers the questions must do so under oath. The person who is being questioned has the right to object if they believe a question is improper or irrelevant to the case. How Your Social Media Posts Can Impact Your Case It is important to note that the defendant’s side will be carefully monitoring your social media accounts right from the day you file the claim. Even if you make your accounts private, the defendant’s side can still ask you to allow them to access your social media feed – if they believe that the information you have posted could be useful to the case. If you upload anything – pictures, videos, or posts – that contradicts your official statements regarding the accident and the injuries you suffered, the defendant’s side can use it against you and question the veracity of your claims against the defendant. Even something as innocuous as posting a picture of yourself in a happy mood with the caption ‘feeling great’ can be used by the defendant’s attorney to question whether you are really as injured as you claim to be. This is one of the important reasons why New York City personal injury attorneys generally ask their clients to stay away from social media until their case is settled or a verdict is delivered. Objecting to Discovery Under New York law, both the plaintiff and the defendant have the right to object to the discovery demands of each other – if they believe that the other side’s question or request is irrelevant to the case or asks for too much information, which they are not under obligation to provide. Demanding Response from the Other Side In case the defendant does not respond to a legitimate discovery demand from your side, your attorney can request the court to order the defendant to respond to your query. The court will – depending on the legitimacy of your discovery demand – order the defendant’s side to respond within a certain amount of time. If the defendant’s side fails to respond to your query even after being ordered by the court, your attorney will file a motion to hold the defendant in contempt of court. The defendant’s side too can do the same if you fail to respond to their queries during the discovery process. Physical Examination During the course of the discovery process, you might be asked to undergo a physical examination by a doctor of the defendant’s choosing. The purpose of this examination is to find out whether you are really injured and whether your injuries are as serious as you claim to be. Since the doctor who examines you will be looking for reasons to reject or reduce the value of your claim, you should avoid discussing the details of the accident with them. You should only tell them about the injuries you sustained or the physical and mental conditions you have developed as a result of the accident. Pre-Trial Negotiations Before your case goes to trial, your attorney and the defendant’s attorney will try to reach an out-of-court settlement. This is because the trial process can be expensive and time-consuming for all the parties involved. So, they will negotiate with each other and see if it is possible to find a middle ground regarding the outcome of the case. If your side and the defendant’s side manage to reach an agreement, the case can be settled without a trial. Your attorney – along with the defendant’s attorney – will prepare what is called a ‘stipulation of settlement’ – which both parties have to sign. It should be noted that the settlement agreement is legally binding on both parties. The defendant has to pay you the sum of money that they agreed to pay you during the pre-trial negotiations. Similarly, you have to voluntarily give up your right to sue the defendant for damages in the future. If the defendant fails to pay you the compensation even after signing the settlement agreement, your attorney will file a request with the court to make the defendant comply with the terms of the agreement. Trial If your attorney and the defendant’s attorney fail to reach an agreement, your case will proceed to trial. At the start of the trial, your attorney and the defendant’s attorney will be given the opportunity to make their opening statements. In their opening statement, your attorney will tell your side of the story, state relevant facts that can support your claim, and explain why you are suing the other party and why you deserve to be compensated. Similarly, the defendant’s attorney will tell their side of the story and explain why they cannot be held liable for your injuries. After making their opening statements, both attorneys will present the documentary evidence they have and call the witnesses to testify. The attorneys have the right to question each other’s witnesses. Once all the evidence is submitted before the jury, the attorneys will be given the opportunity to make their closing arguments. In their closing argument, your attorney will tell the jury about what happened to you as a result of the defendant’s negligence, how your injuries will continue to impact your life, and why you deserve the compensation you are asking for. In their closing argument, the defendant’s attorney will defend their client and tell the jury why their client cannot be held liable for their injuries. Once the closing arguments are made, the jury will deliberate for a period of time – which can be anywhere from a few minutes to a few days – after which they will deliver a verdict. If the verdict is in your favor, the jury will specify the amount to be paid as compensation by the defendant. If it is in the defendant’s favor, your lawsuit will be dismissed. If the losing side believes that there were factors at work that prevented them from getting a fair trial, they can file a motion with the court for a new trial. Similarly, if they do not agree with the verdict, they have the right to approach the appellate court and request to change or overturn the verdict issued by the lower court. NYC Personal Injury Claim – Why Your Legal Representation Matters As you can see, filing a claim against an at-fault party and recovering damages from them can be a tedious and time-consuming process. Even the slightest mistake or procedural lapse on your part can greatly affect your chances of recovering compensation. So, it’a critical to hire a skilled and accomplished NYC personal injury attorney who can accurately guide you through the litigation process and help you get the right amount of compensation you are entitled to. To learn more, c all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

When you file a personal injury claim for damages you sustained in a New York car accident, the settlement is most likely to involve a payout through the insurance company of the individual whose negligence caused the crash. It is common practice for insurers to run an investigation of the accident to verify the claims you make. When you file a personal injury claim for damages you sustained in a New York car accident, the settlement is most likely to involve a payout through the insurance company of the individual whose negligence caused the crash. It is common practice for insurers to run an investigation of the accident to verify the claims you make. As part of this activity, it is quite likely that you will be watched by someone hired by the insurer. However, there are definite limits to what they can and cannot do, and it’s vital that you stay aware of these aspects. It’s best that you hire a knowledgeable and competent New York City car crash lawyer to represent you in the negotiations with the insurance company for your personal injury claim. Why Do Insurance Companies Watch NY Personal Injury Claimants? When you have been hurt in an accident that was someone else’s fault, it is natural for you to want to get the maximum possible compensation for your injuries. So, you will have provided details of all the expenses you incurred for your medical treatment, hospitalization, medication, and therapy. Your claim will also include details of the wages you lost due to your inability to work, and information of the non-economic losses you sustained in the form of pain and suffering. The insurance company that has to pay this amount naturally seeks to verify the truthfulness of your claims before handing over such a large sum of money. In doing so, they will carefully probe all the information you provide to see if everything is in order. A vital fact to remember is that the aim of the insurance company is the total opposite of your goal. You want the maximum possible compensation, but the insurer’s prime objective is to pay you as little as possible. In order to achieve this goal, they carry out a thorough investigation of the case, often even hiring private investigators to probe each and every small detail to verify whether you are telling the truth. Is it Legal for Insurance Companies to Spy on NYC Car Crash Victims? As someone who is struggling to recover from an injury caused due to someone else’s fault, it is natural to resent being spied upon as if you have committed a crime. Unfortunately, as long as the surveillance is restricted to information that is public knowledge, there is nothing you can do to avoid it. Under the law, there is no restriction on a private investigator who follows you in a public place or one who collects information in the public sphere. Even your online activity may be legally watched by an insurance investigator. However, the law prohibits investigators from activities that are a violation of your privacy. No investigator can enter private property without permission; they also cannot hack your phone or other devices. While they cannot enter your home or office to spy on you, they can certainly watch you when you stand on your porch or when you walk outside to take the garbage out. If you find yourself being followed so closely that you fear that you are being stalked, you certainly have the option of approaching the police so that the facts can be established. Although an investigator may follow you in public, it is totally against the law for them to commit an act of intimidation. If you find yourself being followed in an aggressive manner, or receive any verbal or non-verbal threats from an investigator, you are well within your rights to raise a complaint. What Information Do Insurance Companies Seek Through Surveillance? Insurance companies are basically on the lookout for any information that can help them cast a doubt on the validity of your New York car crash injury claims. So, they may hire investigators to watch you as you move around in public. They may follow you when you visit the doctor or your lawyer for a consultation. They may observe you in any public place that you visit, and will especially focus on how you walk and what activities you perform. These observations may then be used against you, to insinuate that your actions indicate that you have not really been injured as badly as you claim. Follow Your Doctor’s Advice Regarding Rest and Permitted Activities Refrain from activities that have been prohibited by your doctor. If you have been asked to take complete rest at home, follow that advice. If you have been told not to bend over or lift heavy objects, avoid doing those things, because a failure to comply can take a toll on your health. Be especially mindful of these things when you are outside your home in public view because an investigator who’s watching you will be looking for exactly such moments. If they obtain photographs or video footage to show that you have disobeyed the doctor’s guidelines, the insurance company will claim one of the following to discredit your injury claims: That your injuries are not really as bad as you claim them to be, and that this is the reason why you are able to bend over or lift heavy objects. That you are not really serious about recovering your health, and that your injuries are worse due to your careless attitude, and that their client is not really responsible for this. Avoid Returning to Work Earlier Than Prescribed by Your Doctor If your doctor has advised that you can resume work at the office a month after the injury, follow those guidelines. No one likes to stay inactive and you may be itching to get back to work because you’re bored sitting at home, or perhaps the financial situation is such that you cannot afford to lose your wages. However, it is vital to remember that returning to the office earlier than recommended by the doctor can be used by the insurance company to diminish your personal injury claim. If you find your employer pressurizing you into an early resumption of your work duties, it is good to consult an experienced New York City car crash attorney to discuss your rights as an employee. Be Careful with What You Post on Social Media After Your NYC Car Crash Electronic surveillance by insurance companies is on the rise. Social media posts are a storehouse of information for insurance companies because it is easy to anonymously snoop on personal injury claimants. Whichever social media site you use – Facebook, Twitter, Instagram, LinkedIn, YouTube, or even Google – investigators can use software to dig all these sites for information on your activities. Keeping this in mind, it is best to not post anything at all regarding your injury on any social media site. For example, if you got together with family or friends a few days after your car accident and put up photos of the event on Facebook, the insurance company could use that information to claim that your injuries are not as severe as you claim. Here are a few tips to keep in mind when you use any of these sites after your accident: Change your privacy settings so that any information you post is not visible to the general public. This will make it more difficult for investigators to access your posts. Avoid accepting connection requests from persons you don’t know personally. Turn off the geolocation on all social media sites you use. Assume that all your posts are being monitored by the insurance company and be very careful about what you write. For example, if you put out a post about being injured, it is quite natural for your friends to react with anxiety. In trying to reassure them, you are likely to make statements such as, “Don’t worry, I’m fine.” However, such polite and innocuous statements can be easily twisted by insurance companies to show that you were, in fact, not really injured in the car crash for which you are claiming damages. Avoid participating in online discussions regarding issues related to insurance or injury claims. Any comment you post on a blog, or in a chat room can easily find its way to the insurers and be used against you. Contact an Experienced Car Crash Attorney in New York Today If you or a loved one has been injured in a New York car accident, recovery can be a slow and painful process. Having to deal with the angst of being under surveillance by the insurance company can cause you even more stress. Consulting a hard-working and proven NY car accident lawyer can help you understand what rights you have in such situations. When insurance companies realize that you have engaged legal counsel, their attitude may undergo a drastic change. Not only do they realize that you are serious about your case, but they will also be more careful about their actions relating to putting you under surveillance. Our personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP, have a lot of experience in dealing with insurance companies whose activities create stress for our clients. To discuss the specifics of your case, c all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Whether a case goes to trial or settles out of court depends on the details of that particular case. Generally speaking, up to 95% of cases are settled before court proceedings begin; in other words, they don’t go to trial. Most personal injury cases in New York are settled during one of the pre-trial stages, where all involved parties meet before a judicial officer, or a trial judge, or a magistrate. Whether a case goes to trial or settles out of court depends on the details of that particular case. Generally speaking, up to 95% of cases are settled before court proceedings begin; in other words, they don’t go to trial. Most personal injury cases in New York are settled during one of the pre-trial stages, where all involved parties meet before a judicial officer, or a trial judge, or a magistrate. Whether you make a personal injury settlement or go to trial, you must consider the associated pros and cons. If you have been injured due to someone else’s negligence, it is possible that you will get more compensation by going to a trial than simply accepting what’s offered during a pre-trial settlement. But there is also a possibility that you could lose at trial and receive a verdict for less than the settlement offer you got from the defendant or get absolutely nothing at all. Why Your Personal Injury Claim in NYC May Settle Before Trial Here are some reasons why your New York personal injury claim may settle before your case goes to trial: If your NY personal injury attorney is requesting a settlement that is small enough that it will be less expensive to just settle rather than spend exorbitantly on court costs and legal fees. If the insurance company of the defendant is fairly confident that you will win if your case goes to trial, they may decide to offer you a settlement. If the defendant’s insurance company is offering a fair settlement offer, and it is comparable to what you may win at trial. Why Your Personal Injury Claim May Go To Trial Here is why your case may go to trial: If the defendant’s insurance company doesn’t want to create a precedence for settling the type of personal injury claim you’ve filed. If the defendant’s insurer believes they will win the lawsuit, and so, they are offering a low or no settlement offer. If, on the grounds of public good or principle, it is critical for the other party to be held liable for injuries caused due to their reckless conduct. If the compensation asked by your attorney is too much for the insurance company to settle without fighting it in court. Is Your Personal Injury Attorney Willing To Fight For Your Rights? Just because every lawyer is qualified to go to trial doesn’t mean they have the skills or experience to do so. This is why some personal injury attorneys or car accident attorneys only take cases if they are 100% certain they can settle without going to trial. This can put their clients at a disadvantage as the insurance company could be aware of your attorney’s reputation for avoiding trials. In this case, the insurer will try – and most likely succeed – in negotiating your attorney down further than they would usually be able to when the option of going to trial is on the table. Why Avoiding A Trial Might Be Better Than Getting A Judge or A Jury Verdict There are several reasons why both parties might find it preferable to settle the claim before going to trial. For starters, both defendant and plaintiff can reduce their court costs and legal fees while their attorneys can close out the case faster. The very nature of trials is uncertain; no one can predict which party will win. Thus, involved parties may accept a certain settlement offer, even if it is less than what they were expecting for their injuries and losses. Keep in mind that a settlement offer is typically worth more due to the costs, time, and unpredictability associated with a court trial. For example, your personal injury claim may end up winning $500,000 at trial. However, your attorneys will need to spend about $100,000 to engage the services of crash reconstruction specialists and expert witnesses to testify at trial on your behalf. Your lawyers may also need to spend hundreds of hours on your case proceedings to prepare for the trial. So, if the at-fault party offers you $400,000 during negotiations, it might be best to take that pre-trial offer. Factors That Influence A Settlement Offer in New York City There are a few things that affect an NYC personal injury settlement offer, or the decision to reject the settlement and go to trial: Jurisdiction, community protocols, and precedence Medical treatment expenses Degree of injuries sustained (their future impact on your life) Future medical expenses Lost wages and loss of ability to earn future income Age and family circumstances of the client Property damage and other losses A personal injury lawyer who has trial experience in New York and has negotiated countless settlements will be able to determine the total extent of damages and losses. They will also be able to evaluate your case details to give you an estimation of how much compensation you can expect. Please note that if a lawyer believes that their client might end up alienating the jurors or the judge, they may settle below what they normally would avoid possibly losing at trial. Also, if an attorney is working on a drunk driving injury case in a jurisdiction where DUI is taken extremely seriously, and there is considerable community indignation, they may be able to receive a larger settlement than they normally would. Of course, every case is unique. A personal injury lawyer needs to know the exact details of your case to offer you a reasonably accurate amount of what your claim is worth. Plaintiffs With Expert Legal Representation Tend To Receive Bigger Settlements According to the Insurance Research Council, the average individual receives a settlement 3.5 times bigger with legal assistance than without it. This can obviously make a huge difference in a personal injury case in New York. But depending on your situation, the particulars of the law can become somewhat complicated: What if the dog bite you suffered made you severely ill and ends up costing you thousands of dollars? What if the dog’s owner refuses to take responsibility for the bite? What if the individual who rear-ended you does not have insurance? Or their insurance company refuses to pay altogether? These are just a few quick examples where the claim can easily become more complex. Any time you are injured and have to get involved with another party or an insurance company for your claim in NYC, you have the right to consult a lawyer and have them represent you. A Personal Injury Attorney Can Negotiate With Insurance Company For You It is a well-known fact that insurance companies try to intimidate injury victims and get out of paying a fair settlement. They will tell you things like: Your doctor’s evaluation is not good enough and you need to be examined by one of their “approved” medical professionals You cannot prove in court the full, long-term extent of your injuries (physical and/or emotional) You were actually responsible for the accident and your injuries In addition, they will use every tactic and resource at their disposal to tie up your personal injury claim settlement, while you are forced to bear the mounting medical and other expenses. Their goal is to make you so desperate for money that you’ll be willing to settle for an amount less than what you deserve. The attorney’s reputation is everything when dealing with insurers and their claims adjusters. If you have a successful and well-known legal firm on your side, you have a much higher chance of receiving the money you deserve, partly because the insurance company will know that picking a fight with a skilled lawyer with a proven track record and it will cost them far more if you go to trial. Your attorney will work with your medical team to evaluate the future impact of your injuries and recovery. A good accident law firm in NYC will have represented countless injury cases and will have extensive experience accurately calculating lost income potential and future medical costs. Contact the Leading Trial Attorneys For Your Personal Injury Case in New York New York has some of the most complicated sets of laws when it comes to personal injury cases. As some do, you can handle your legal situation on your own and try to represent yourself, but that is a time-consuming process and there is no guarantee you will be able to win. At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced personal trial attorneys are well-versed in: The relevant statutes The ins-and-outs of NYC personal injury laws The local insurance companies and judges The legal precedents regarding your case (be it construction accident, slip and fall, auto accident, dog bites, etc.) We offer a free legal consultation to discuss your case and answer any questions and concerns you might have. Our attorneys will explore the different strategies with you and go over the best approach to get the maximum possible compensation. Our most important goal is to help you recover damages for your troubles and get your life back on track as soon as possible. To know more about how we can help you, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

If you are a complainant in a personal injury case, you will have the option to accept a settlement or take the case to trial. Typically, most of the personal injury cases in New York conclude in a settlement instead of going to a trial. But in some of these cases, going to trial might be the better option. The best way to find out the option that is appropriate for your personal injury case is to retain an experienced New York personal injury attorney. If you are a complainant in a personal injury case, you will have the option to accept a settlement or take the case to trial. Typically, most of the personal injury cases in New York conclude in a settlement instead of going to a trial. But in some of these cases, going to trial might be the better option. The best way to find out the option that is appropriate for your personal injury case is to retain an experienced New York personal injury attorney. If your lawyer can negotiate a fair and rightful settlement outside of court, you may not need to go through the rigors of a court trial. But, if the insurance company that you are up against denies you the just and rightful compensation that you deserve, and your attorney believes in the strength of your case and their own competence, you will need to fight the case in court. Let us further discuss in detail, both benefits and drawbacks of a settlement as well as a court trial for a New York City personal injury claim. What is a Settlement? A settlement is a process to resolve a claim by deciding on a mutually suitable compensation for personal injuries or damages, instead of taking the dispute to court. The plaintiff and the defendant can settle any time during litigation, or even prior to filing a lawsuit. The process begins with the plaintiff’s attorney submitting a demand letter that mentions the plaintiff’s monetary demand for the damages, the legal reasoning supporting that demand, and copies of medical bills and other documents establishing monetary and other damages. The plaintiff and their attorney, after making these submissions, wait for the defense attorney to respond to their demand letter. The defendant’s attorney may place a counteroffer on the table, following which, both the attorneys and sometimes the insurance company, start negotiations to arrive at a settlement. Attorneys from both sides generally use emails and phone calls to negotiate, or sometimes meet at pre-trial hearings to iron out minor issues. Mostly, the negotiations bring about a mutually agreeable and satisfying settlement between the plaintiff and the defendant, avoiding the need to go to a trial. Once both sides agree, they sign a formal document announcing the settlement as well as the release of liability. Benefits of a Settlement Less Time and Stress Settlements save a lot of time as compared to trials which can be arduous and long-drawn. Typically, a settlement may take less than six months, while a trial might continue for twice as long. Settlements are generally quicker and more efficient while being less stressful as well as cost-effective than a trial. More Flexibility in Negotiations You, as a plaintiff, have an upper hand in the settlement negotiations. The decision to accept or reject a settlement offer, or to re-negotiate, rests completely in the hands of your personal injury lawyer and yourself. On the other hand, once you go to trial, the judge or jury has the final say on the amount of compensation you get for your injuries and damages. And you have no other choice but to accept the verdict. Drawbacks of a Settlement Chances of Lesser Compensation for Your Claims The outcome of a settlement relies mostly on the strength of your case and the negotiating skills of your personal injury attorney. You could end up getting less than your rightful claim in a settlement than if you were to press for a trial. If your attorney feels you have a case strong enough to justify the additional time, money, and stress of a court trial; then a settlement may not be the right course of action for you. No Chance of Renegotiation A settlement once agreed upon is permanent and irrevocable. Acceptance of a settlement offer closes doors of further litigation for you. Subsequently, if mounting costs for ongoing medical treatments were to escalate, or you discover new injuries related to the accident; you will not be able to reopen or renegotiate your claim. How Much Time Does A Settlement Take? First, you need to decide to retain a competent and experienced New York City personal injury attorney for your case. Once you find such an attorney, they will start collecting evidence and information connected to your claim and will begin working on it. For your personal injury claim, your lawyer will need to review the accident report, pictorial and video graphic evidence of your injuries, witness testimonies, medical treatment bills, and your consulting physicians’ statements. After documenting everything, your lawyer will come up with a monetary value to assign to your claim. The next step involves your lawyer placing a demand to the insurance company to initiate the negotiation process. The insurance company is likely to come up with an offer in a few weeks, based on the worth of your claim and the strength of your evidence. Once both the demand and the offer are on the negotiating table, it is anyone’s guess how long the process will take. However, most New York personal injury claims reach a settlement before going to trial. Since each case has its unique aspects, some might even benefit from going to trial. What is a Trial? In a personal injury case in New York City, if the negotiations in a settlement process break down, the case usually goes to trial. The judge and jury, after hearing out the arguments from both plaintiff and the defendant, decide on whether to hold the defendant liable for the injuries and damages suffered by the plaintiff. Typically, a jury trial goes through six phases in its entirety: Assembly of the jury Opening statements by both parties Testimony of the witness and cross-examination Closing arguments by the attorneys from both sides Instruction from the jury Deliberation by the jury and subsequent verdict A personal injury trial, depending upon the merits and strength of the case, could take anywhere from a few hours to many months. But however long or short the trial may be, it does require due diligence and tremendous preparation by a committed personal injury attorney to stand a chance in court. Benefits of A Trial Chances of More Compensation for Your Claims A strong personal injury claim has the potential to secure more compensation in a trial as compared to a settlement. While an insurance company will probably negotiate hard to minimize the amount they shell out, a jury could be more sympathetic to your pain and suffering in their verdict and grant your rightful claim. Sense of Closure and Justice A trial can prove cathartic for the plaintiff in the sense that it brings closure and a sense of justice. Apart from the monetary compensation for the victim, a trial also assigns blame where it is due, by prosecuting the defendant for their negligence or misconduct. Drawbacks of a Trial Long-Drawn and Stressful Trials can often turn out to be drawn-out, costly, and stressful affairs. You might secure a verdict in a few days if you have an exceptionally strong case, or the litigation could go on for longer than a year. You must keep the court costs and lawyer fees of a protracted court battle in mind before taking the plunge. All or Nothing Rejecting the settlement offer and taking your case to trial entails putting in the time, effort, and money, at the risk of not securing the rightful compensation. When you take your case to trial in the hope of winning the case, you must also be prepared to lose. How Much Time Does a NY Personal Injury Trial Take? The reason most NY personal injury cases settle instead of going to a trial is the reluctance of the complainants due to the fear of a trial taking up too much time. It becomes especially difficult to take on the extra costs and stress of a trial if the grievous nature of your injuries requires prolonged medical care, and you are out of work at the same time. The defendant and their attorneys will try to stretch out the litigation process. Even more reason for you to have a competent and experienced New York personal injury lawyer on your side, to work your way through the legal labyrinth quickly. If you have a strong and straightforward case with clear documentation and solid evidence, your case may not get excessively prolonged. But if it is complicated to prove clear negligence, there are chances that the trial could take longer. How to Find the Right Personal Injury Attorney in New York? Ask the right questions. Like, the number of trials they have contested or the percentage of personal injury cases they have settled. Try to look for an attorney who will not drag you to court unnecessarily just to rack up their fee, but also someone who is not afraid to go to trial, if required. Seek Legal Help from a Trusted NY Personal Injury Attorney The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff can help you settle outside of court or take your case to trial, as per the merits and strength of your claim. Our experienced lawyers are here to offer legal advice and free case evaluations for your personal injury claims. Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

As an experienced NYC personal injury attorney, I have used a Hi-Low agreement many times during very difficult personal injury trials to protect my clients’ interests and guarantee they get money even in the event of a loss at trial. Under New York law, a High-Low agreement is an agreement entered into by both parties that states regardless of the jury's verdict, the plaintiff is guaranteed to receive a minimum cash award. Of course, there is also a maximum agreed-upon award which is your upper limit, even if the jury awards more. All parties must agree, which is often the challenge. The High / Low limits are always negotiable. It's a great tool used by top NYC personal injury lawyers in difficult cases, because it guarantees some compensation to the client. Insurance companies defending personal injury lawsuits in NYC often agree because it caps their exposure to a huge jury verdict. When negotiating a personal injury high-low agreement in New York City, I always suggest including a “no appeal clause,” a 20-day mandatory payment, and consent to convert the agreement into an interest bearing recordable judgement with interest in the event of non-payment. Remember, it is important that the client is fully aware of the risks and benefits before any agreement is finalized. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

According to Centers for Disease Control and Prevention, foodborne diseases is the cause for nearly 76 million illnesses each year. About 325,000 cases of hospitalization and nearly 5,000 deaths are caused by food poisoning each year in the United States. Known pathogens account for about 14 million of these illnesses, and 1,800 deaths. So, what is food poisoning? People succumb to food poisoning which is also known as foodborne illnesses by consuming food that may contain viruses and bacteria. There are several ways this could happen. The food you eat could get infected at the farm, or during packaging, or get exposed to bacteria and virus en route the stores, or get infected due to improper storage and cooking at either a restaurant or even your home. While the exact cause of food poisoning could be hard to determine – the symptoms begin to rear its ugly head a few days after consuming contaminated food. A few of the symptoms of food poisoning are watery diarrhea, nausea, abdominal pain, vomiting, cramps, and in some cases even fever. These symptoms can mimic those of stomach flu and other such ailments and thus make food poisoning hard to detect at times. Most instances of food poisoning are mild and people recover in less than a week’s time. Other more severe cases may lead to serious injuries and need hospitalization too. What are the common sources of food poisoning? As mentioned earlier bacteria and virus in food are the main causes of food poisoning. Certain bacteria and viruses are associated with food borne illnesses and also feature in periodic outbreaks. Some, such instances include salmonella, e. coli, Listeria, and norovirus. The FDA lists out frequent foodborne disease causing bacteria and virus from time to time. Viruses and bacteria can contaminate just about any kind of food. That said, there are some food that are more susceptible to contamination and associated with food poisoning more than others. Eggs, poultry, meat, dairy products, shellfish, and leafy green veggies are food that tends to get easily contaminated. In the recent past, there have been many outbreaks of e. coli infected spinach, listeria infecting cheese and milk products, and salmonella infecting meat and eggs. It goes without saying that prevention is the best cure. Properly refrigerating food, cooking the right way, and following best practices to store food can dramatically reduce the risk of food poisoning. Any food item or even beverage can get contaminated with infectious microorganisms, if it is handled with unwashed hands, or it comes in contact with other contaminated food or liquids. Below is a list of common types of poisoning: Campylobacteriosis caused by Campylobacter bacteria. Botulism caused by Clostridium botulinum bacteria. Escherichia coli food poisoning caused by eating food contaminated with certain strains of E. coli bacteria. Shigellosis caused by Shigella bacteria. Staphyloenterotoxicosis caused by Staphylococcus bacteria. Listeriosis caused by Listeria monocytogenes bacteria. Mushroom poisoning caused by eating poisonous mushrooms. Cryptosporidiosis caused by Cryptosporidium protozoa. What sort of injuries can be sustained due to food poisoning? As per a report issued by the CDC, nearly 48 million Americans succumb to food poisoning each year. This means 1 in every 6 Americans suffer from an episode of food poisoning every year. Most people suffer from the common symptoms such as nausea, diarrhea, cramps, abdominal pain, and fever that go away on their own. Infants, elderly people, and people with a weak immune system are susceptible to developing severe symptoms or complications and may need medication, and also hospitalization which can impose financial hardship on them. Severe symptoms include renal or liver problems, bloody diarrhea, severe dehydration, and even neurological problems. Can people who succumb to food poisoning, sue? Yes, they can. Anybody who suffers from food poisoning can sue the person or establishment responsible for it. This can be a restaurant that may have sold a dish that caused the food poisoning or a meat store that sold contaminated meat. You will have to contact a personal injury attorney who will be able to help you get a fair compensation for lost income, medical costs, hospital bills, and other damages by filing a product liability lawsuit, or a personal injury lawsuit as applicable. What are some practical concerns about filing a food poisoning lawsuit? There are certain practical difficulties that you may face when you have to file a food poisoning lawsuit. Many people fall ill after consuming contaminated food. However, identifying the culinary culprit can be hard. Also, a lawsuit must be able to establish that a person or establishment is legally responsible or liable for an injury. This can be rather hard to prove when it comes to food poisoning as a plaintiff will not be able to produce the food in question in order to prove that it is in fact contaminated. Lastly, a majority of these cases aren’t serious enough to make the time and money spent on a lawsuit worthwhile. There may be certain cases that can address all the above said concerns. Clear-cut cases of packaged food products or dishes served at restaurants causing food poisoning do occur. When a number of people who may have eaten at the restaurant suffer from food poisoning, it becomes easier to prove that the food was indeed contaminated. Certain severe injuries that call for hospitalization also make a lawsuit worthwhile. In certain cases, people may die from food poisoning and a wrongful death lawsuit can be filed by surviving family members to recover compensation. This is where RMFW Law needs to come into your life. We know these types of cases in New York with the best of them! Bartaco tied to Outbreak of Hepatitis A From time to time, there are reports of an outbreak of food poisoning that affects some people who may have eaten at the specific joint. When there are multiple reports of food poisoning, the health department steps in to check the cause and what could be done to remedy it. Four patrons and one employee contracted hepatitis A after visiting Bartaco earlier this year. The health department urged patrons who visited the eatery between October 13 th and 23 rd to receive preventative treatment. It is said that the health department discovered that an employee worked at the restaurant while suffering from Hepatitis A. Since, preventative treatment is effective only within two weeks of exposure to the virus, all those who dined at the restaurant were asked to seek medical attention. First lawsuit in Chincoteague food poisoning filed by PA man A local from Pennsylvania filed a lawsuit seeking a whopping $500,000 as compensation from a Chincoteague business. Health authorities claim that they served clam chowder that was infected with salmonella at a food festival. Charles Coffield, a resident of West Alexander, fell very ill soon after eating the chowder according to the lawsuit. A Seattle law firm that handles foodborne illness cases – Regan Zambri Long and Marler Clark filed the lawsuit for him. The lawsuit was filed against Shrimp Heads Inc. in Virginia. The chowder served at the Chincoteague Chili Chowder Cook Off, tested positive for salmonella according to the lawsuit. The victim is demanding a jury trial. The food festival was hosted by the Chincoteague Island Volunteer Fire Company, which also is the owner of the wild pony herd and hold the famous Pony Penning. According to the lawsuit, Coffield ate a large helping of clam chowder that was sold by the restaurant at the cook-off on September 30 th. The very next day, he began to suffer from nausea, diarrhea, vomiting, stomach cramps, muscle aches, fever, headache, lightheadedness, and chills. Coffield had to be taken to the Riverside Shore Memorial Hospital in Onley by an ambulance on October 3 rd. He suffered for weeks after the incident and also missed many days of work. Tests confirmed that Coffield was indeed suffering from a salmonella infection and the result was thereafter reported to Accomack County as well as the Department of Health of Virginia. That is not all. Close to 180 people fell ill after the event as per the Eastern Shore Health District. Most of them were residents of Virginia. A number of them were also from Maryland. A number of cases were reported from New Jersey, West Virginia, North Carolina, Delaware, and New York who also attended the event. Half or more of those who became ill after the cook-off had to seek medical care. 20% of them needed emergency care while 10 percent of them were hospitalized for at least one night or more. There were no deaths reported. The health department investigated these claims and on Oct 24 th was able to establish that the chowder served by the restaurant was the source and the culprit behind the salmonella outbreak. A health district personnel quoted that the incident was just a point source outbreak and the chowder now served at the establishment is safe. The risk of illness was just a one day, one thing, one place, one group thing, according to Dr. David Matson, who is the director of the Eastern Shore Health District. He in fact went to Chincoteague soon after on October 26 th and ate a bowl of the same chowder to demonstrate that the risk was gone. Coffield on the other hand stated that the business was mandated to use raw materials and supplies that comply with food laws as well as regulation and also to use care in not just making it but also storing and selling the chowder in a manner that it was free from Salmonella – and that the restaurant breached this duty. A spokeswoman representing the Chincoteague Volunteer Fire Company said that the company will continue to host the annual event, but will take extra safety precautions. How long do you have to file a lawsuit? Each state has a certain time limit called the statute of limitation within which a personal injury claim must be filed. The time limit for product liability claims will vary from one state to another. Most states have a two year time limit, while some have three years. If you are one among the many victims of an outbreak caused by food poisoning, you can get together with others and file a class action lawsuit. In certain cases, a class action may already be filed in connection with the outbreak of food poisoning that made you fall sick, and you could just join the already existing lawsuit. When you join an existing class action you have several advantages such as: The lawyer representing the case may have considerable experience and expertise in filing big cases against big companies. There may be little or no upfront cost that needs to borne by you. The legal professionals handle the costs and will only take a percentage at the end of trial or after the case is settled out of court. You do not have to deal with any potentially complex legal issues. What happened is pretty apparent. Though there are several advantages to joining an existing class action and filing your own lawsuit instead. But, before you do so, you must consult a lawyer to check if there is an existing class action for the outbreak in question, and whether or not it is advisable for you to join it. Most law firms will gladly assist you with such questions in a free of charge consultation. The consultation with RMFW Law is free. We only win if you win. You never have to write us a check. When should you take legal action for food poisoning? Food poisoning cases are quite common and it is the business that sells the tainted food that is often the culprit. However, that doesn’t mean that you must call an attorney just because you aren’t feeling too well after a late night dinner at a new diner around the corner. You must consider filing a lawsuit when you have been struck with hefty medical bills and other costs due to an acute bout of food poisoning. You may then contact a personal injury attorney to pursue legal action against the store or restaurant. If you or someone you know, has suffered from an acute bout of food poisoning and had to be hospitalized as a result of something you ate at a new diner or from a store in your neighborhood, you must contact Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280. Our skilled attorneys understand that something as small as food poisoning can make you lose income and cause you a lot of discomfort and anguish. Call us today to discuss your case and understand if you can file for compensation. If you miss days at work you should be compensated. That missed time at work could have real life financial implications. You may have missed something vital. You have every right to seek financial compensation. The pain and suffering you have endured is terrible. This virus ravaged your body, it is time to ravage the person/s at fault financially. This is a legal matter. Call us today! Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

You have some Skeletons in Your Closet There is something in your past that does not look good, and that something you know is going to come out during the course of your personal injury case. What can your attorney do, to minimize the effect of what happened to you in the past is not going to destroy your case or your credibility. Something bad happened to you in the past, and you know that if the jury finds out, it could destroy your credibility. Secondly, the defense knows about this and he is going to do everything possible to tell the jury about it. Hence, what is the one important thing your attorney can do to take away the defense's thunder and lightning that you know can strike at any time? The most Acute & Favorable Strategy The answer is simple. Your attorney will have to tell the jury first. In fact, if your attorney were experienced he would tell the jury about your past, during the jury selection itself. He will start the conversation with the potential jurors by saying that something about his client's past needs to be discussed. Alternatively, your lawyer could tell the jury about your past, during the opening remarks. He might even warn the jurors that what he is going to reveal about his client is nothing to smile about, but the risk is even greater if you try to hide this information. The strategy is that your lawyer should be the first one to tell the jury, without bothering about how bad or horrible your past looks. When your lawyer is the first one to reveal your closet skeletons, it will steal the defense's thunder. Your lawyer will be taking away the surprise element; otherwise, the defense lawyer can be dramatic and create a terrible impression about you with the jury. Your attorney will want to see if a jury member has the capacity to put that information behind them and only focus on what is the issue at hand. You do not want jury members on your jury that do not know how to separate the two. For instance, the defense lawyer might get up after your attorney has made his opening remarks, and tell the jury there is something about the plaintiff that his lawyer has not revealed to the jury. This will get the full attention of the jurors. And when this attorney begins to speak about something you did in the past that is unbecoming of a decent human being, you may have lost all credibility with these jury members. The chances of you obtaining a fair verdict would have subsided almost completely. This is why you want to come clean right in the beginning. Building Credibility Everything an attorney strives for during a trial is to build up the credibility of his client. It is to show that all the facts are supported by the evidence presented in the case. If your lawyer hides something that you did in the past and does not bring this information up in the beginning and when he has the opportunity to do so, the risk to your case is magnified. The defense attorney is going to take advantage of this information and he will show the jury that you are trying to hide something from them. Even though this information has nothing to do with the current claims you are making in this case, it will still matter to the jury because of the fact you were trying to hide information that could define your character or at least your character in the past. Therefore, a stellar attorney will always try to reveal anything damaging about your past before the defense is able to do so. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Can an attorney subpoena your medical records during the course of your personal injury lawsuit? The answer is no. During the course of your lawsuit, whether it is a medical malpractice, car accident, or even a wrongful death case, lawyers cannot use subpoena powers during the course of your litigation in order to acquire your medical records. Instead, the only time lawyers are allowed to use subpoena powers is when they are approaching trial and during the course of a trial. What is the Regular Procedure for Obtaining Copies of Your Medical Records? If the attorney wants to attain copies of your medical records, then one of the ways to do this would be to obtain a permission slip from you, which is known as HIPAA authorization. The lawyer will take the permission slip signed by you, attach a cover letter, and send it to the concerned doctor's office or hospital, which is the main procedure for getting copies of your medical records. As your case is approaching trial, your attorney will need to get your medical records into court, so that it can be used as evidence in your case. When can the Lawyer Subpoena Your Medical Records Only then can your lawyer use a document known as a subpoena. This subpoena compels a doctor or hospital to actually produce something, or show up at trial as a witness. If your lawyer were to use subpoena powers during the pre-trial litigation phase, it would be deemed an abuse of power. You and your lawyer could get into lot of trouble for doing this, which could include a fine, sanction by court, or other punitive measures. Such punitive actions are taken because there are alternative ways to acquire medical records during the pre-trial phase, without going the route of compelling someone with a document known as a subpoena. Suppose your attorney needs to get your medical records from a municipal hospital as you are approaching trial, then he will actually have to secure a court order. The court has to approve your request and sign off on an authorization for you to go ahead and acquire the records. Common Misconception Many people are under the impression, that just because they are filing a lawsuit, their attorneys will have the power to subpoena their medical records. Especially, when the hospital or doctor's office is not voluntarily turning over the records, people think their attorneys can freely use subpoena powers. However, this is a misconception. Subpoena powers can only be used when the normal procedures to acquire medical records have failed and the doctor or hospital is refusing to provide copies of the medical records without giving any reasons. Only when regular procedures and other alternatives have failed, the court might allow your lawyer to subpoena your medical records, where the doctor or hospital will be legally compelled to grant you the copies of your records. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

What is a Loss of Consortium? If you are no longer able to have sex like you used to or at all because of an accident, then can you bring your inability to have sex as part of your damages claim in the State of New York. The answer is yes. It is known as a loss of consortium claim. This fancy legal term says, because of your accident, the injuries you have suffered are now preventing you from doing those activities with your spouse as you used to be able to do. You are no longer as intimate with your spouse and have difficulties doing those activities, such as having sex. Due to somebody else's carelessness you have now suffered all these physical injuries as well, and your inability to have sex on a regular basis as you used to. Be Prepared to Answer some Uncomfortable Questions Once you sign up for this type of claim, the defense will have an opportunity to question you during the deposition, which is a pretrial question and answer session held under oath. The defense will ask some uncomfortable and direct questions, which may include: How many times a week you used to have sex with your spouse before this accident, and now after the accident how many times are you able to have sex Do you feel better being on top or under your spouse during sex Is it better to have sex when you change positions You might be asking yourself why the defense is permitted to ask you all these types of questions, intimate detailed question about your sex life. The reality is as soon as you include it in your claim, your inability to have sex as you used to, the defense has the right to ask you such questions. You opened this can of worms or Pandora’s Box. Approach of an Astute and Experienced Attorney However, there is no possible way for the defense attorney to confirm all the intimate details you provide in your testimony. Genuine and experienced defense attorneys usually focus on this issue in a very subtle and distinct way. A fine lawyer or one who has been around the block before in this line of work will usually frame the question as, "Since you have put forth a claim of loss of consortium, can you tell me in your own words how your lifestyle has been affected and in particular how your intimate relationship with your spouse has been negated because of this accident?" This will allow you to explain to the defense attorney in your own words without expressing details you would rather just remain in the bedroom. Such a testimony is much more effective and comes across much better in front of the jury during the trial compared to attorneys barraging the plaintiff with highly personal questions. Even though, defense attorneys are entitled to ask questions that would bother most people, it will come across crass and rude, and the jury may not be impressed with this side’s approach. However, you have to be prepared to answer questions of this degree when you have claimed damages for your inability to have sex after the accident. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Do you have to turn over your tax returns in a personal injury case such as accident case or medical malpractice case? What income and benefits have you lost because of your injuries? In a personal injury case, the key question to answer this particular question is, what type of damages or what type of injuries or disabilities you have suffered from because of someone else's carelessness. If it turns out, you are unable to work because of that injury, the question now becomes, how much income have you lost? What type of benefits did you lose? How much income did you lose from the time of the incident, up until the time of trial, and how much you are expected to lose from trial in the near future? All this information needs to be ascertained. How to Calculate Lost Income Now, if you did in fact lose income and you lost money as a direct result of the injuries you suffered, the defense will turn around and ask for your tax returns. The defense would like to see your tax returns to know what you have earned in the past few years before you suffered your injuries. The defense wants this information since they want to know how much you were earning which is pivotal. Once you provide your tax returns, the defense will have a baseline to go ahead and evaluate whether what you are claiming is true. Do you have to turn over your tax returns? However, the question is: do you really have to turn over your tax returns? The answer to this question is that you have to turn over your tax returns, only if you are self-employed. If you are working for a company, then you are not required to provide your tax returns. Instead, you will have to turn over your W-2 forms for about three years before the incident or accident took place. This gives defense the opportunity to see what you have earned year by year, and they can now calculate based upon the time you were no longer working, how much income you lost, as a direct result of their client's carelessness. In a personal injury case, the actual monetary loss suffered by you will mainly include your medical bills, all treatment costs of your injuries, and the income you have lost because you could not attend your regular work due to your injuries. Treatment costs will be calculated based on the various medical and treatment bills you have paid and will be paying in future. For the lost income, you have to show what you were earning up to a recent date, right before you were hurt, which if not available in your tax returns could be available in your pay receipts. Therefore, if you have filed a personal injury case in an accident or medical malpractice matter, you will have to turn over your tax returns only if you are self-employed. If you are working on salary for a private business then you need to turn over your W-2s. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.