Meet Michael & Mark Ribowsky: Queens, NY Injury Attorneys At Law

NYC Sidewalk & Public Area Falls Law: Do You Have A Case?

At some point, everyone has tripped while simply walking down the sidewalk.  Sometimes, the falls that result are no fault of the pedestrian, but are a direct result of poor sidewalk maintenance.   If you or someone you know has been the victim of a poorly-maintained sidewalk, or if you would simply like to be prepared with the necessary information, the following article will equip you with what you need to know.

Who is Legally Responsible for Sidewalk Maintenance?

According to New York City Law Section 7-210, since 2003, adjacent property owners are now responsible for the upkeep of all sidewalks in a reasonably safe condition, and are liable for personal injury and property damage.  Failures in maintenance can include (but are not limited to) failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk.

This liability holds is true except when the adjacent property is a one, two, or three-family home, in case New York City would be held responsible.

Section 19-152 lists the numerous specific responsibilities of property owners to make sure that sidewalks are completely safe for pedestrians.  In addition to simple snow and ice removal, property owners are responsible for everything from installing sidewalks to repaving and repairing them. For more information schedule with the Ribowsky Law Section 19-152 experts in our Queens office today.

Laws Relating To Snow Removal

As is commonly known, property owners have about four hours from the time snow stops falling to remove the snow and ice accumulation on their sidewalks in order to allow pedestrians to walk safely.  This is true when the snow has stopped falling between 7 AM and 5 PM.  However, if the snowfall stops between 5 PM and 9 PM, property owners actually have 14 hours clear their sidewalks.  If the snowfall stops between 9 PM and 7 AM, the sidewalks have to be clear by 11 AM.

Steps To Take In Case Of A Fall Or Injury

Usually, when one slips and falls, the natural reaction is for the victim, who is usually a little embarrassed, to try to get up immediately and move on.  If possible, however, there are other important steps that should be taken before one attempts to move on.  First and foremost, if there is any serious medical risk, one should contact 911 immediately.  If there is no immediate medical risk, surveying the scene and documenting what caused you to fall, especially by taking pictures, is very helpful.  Most people have a camera phone with which he or she can document evidence, and if the victim doesn’t have one, it’s worth asking a bystander to take a few pictures.  Collecting names and phone numbers from any witnesses can also be vital in helping support a claim.

Again, documenting evidence and establishing what led to the fall is a very important step to take before trying to move on. While the sidewalk itself is usually the responsibility of the adjacent property owner, there are elements that New York City is still responsible for as well.

Since sidewalk slip and fall accidents require extensive proof, it is essential that the victim contacts a legal expert promptly to discuss the possibility of a potential lawsuit.  In the event that the responsible party in the lawsuit is New York City, a claim must be filed within 90 days of the incident, and a lawsuit must begin within a year and 90 days of the accident.   In any event, a person hurt by falling on a poorly-maintained sidewalk should never speak with an insurance company representative or investigator before speaking with his or her own personal attorney first.

If you have already been the victim of poor sidewalk maintenance, contact the legal experts at Ribowsky Law to discuss your case.

Your Slip And Fall Attorney

Collecting evidence and documenting what happened will assist in showing how the injury transpired, as well as proof of liability. Michael D. Ribowsky will guide you from the injury and medical treatment, up until settlement or court.  Knowing when how and to proceed to each step will be one of the keys to a solid case.

Michael D. Ribowsky does whatever it takes to make sure you receive maximized compensation, which is dependent upon where and how the injury happened and what medical and loss of income it caused. Michael D. Ribowsky has many years of experience representing clients and handling all the details from start to finish.

If you have been injured in a slip and fall accident on a sidewalk, seek immediate medical treatment.  After, contact Ribowsky Law by calling 1-718-659-5333 to schedule a free consultation.

Maximize Injury Claims In Accordance With NY State Law

It is easy to get swept away by the happenings and events surrounding an accident but you need to be smart and observant right from the start. When you are involved in a personal injury accident there are so many things probably running through your mind but you need to focus. Every of your actions during this moment will all determine whether you will win or lose this case and of course the amount you can win.

Therefore, you must put all your effort to win maximum compensation and know how to go about it efficiently.

So here are 10 tricks to help you win and also maximize your personal injury claim cases.

• Gather, document and preserve every evidence. Do not waste any time in gathering evidence once you are involved in an accident. You can take pictures, take notes, talk with witnesses and get their phone numbers and contact details, record the incident if you can and of course get police report if you can, otherwise your lawyer can help you follow up on that. It is based on the validity and and strength of your evidence that the jury will make its decisions. It is also your evidence that will determine the compensation that you will get from the other side. It is therefore pertinent that you focus on getting all the available evidence you can at the scene of the accident.
• Seek medical attention as soon as possible. It is imperative that you get treated quickly by trained medical personnels. Consult different ones to be sure your treatment is on track or if you need experts in various fields like neurosurgeons, physiotherapists. Let your medical professionals know of any complaints you have, minor or embarrassing. And while at it, make sure that everything concerning your medical treatment is properly documented, like receipts, bottles of medication, medical devices used. They can serve as evidence.
• Also remember to consider future treatments or losses that may arise following your personal injury. If you don’t factor these in before compensation, all other expenses you incur afterwards will not be taken into consideration. Let your medical team map out a long term treatment plan and be sure to follow that treatment plan . This will not only ensure that you are properly treated, it will also cause the other side to realise that you mean business and to take you more seriously.
• Be open with your lawyers. If you had previous medical situations or injuries, inform your attorney. The insurance companies can dig all that up and insist that your injuries are not from the accident. Have a record of all the hospitals that treated you and share same with your lawyer.
• No social media. This is a no-no. You cannot afford to run to the social media no matter how addicted you are. Running to the social media is the last thing you want to do at this point the matter how tempted you are. Remember whatever you say or do can be used against you in the court of law? That applies to social media also. You might be tempted to show a picture of you cruising on an island or simply jumping up and down. What message would you be sending to your opponent with those kind of pictures? Please reject the temptation to blab about your case to anyone who cares to listen. Only your personal injury lawyer needs to know all that you have to say about the case .
• Be patient. A patient dog eat the fattest bone so do not rush into settling or accepting any compensation just because you are in a hurry to get hold of the cash offered. The insurance company will want to lure you into accepting the lowest possible compensation. But what if you rush that way and later on you needed to have a surgery or there is a complication in your health that will require your spending lots of money? Allow your personal injury lawyer to determine if the compensation they are offering you is commensurate with your injuries.
• Have a specific settlement amount. Before you even begin the negotiations you need to have an idea, if not a specific amount, that you deserve. Personal injury attorneys will help you in handling the insurance adjustor and outsmart them. Calculate your loss, including loss of use of the body and emotional damages knowing that losses can be multiple. That way, you can value your claim more precisely. Desist from rushing to speak with the insurance adjusters, speak with your lawyer first.
• Don’t neglect to harp on the emotional points that will benefit you. If a child is involved in the accident or affected by it, emphasize that point, alcohol induced? Harp on it. Any other factor that will play on the jury’s emotions to steer the case in your favor, you must not downplay them. You would want to be fully compensated for all your pains and losses.
• File as soon as possible. Before the expiration of the status of limitation, ensure that you file your case. Ignorance of the law is no excuse. Filing early will maximize your chances of recovering all your losses. It will help you gather evidence and build a stronger case. The opposition will likely take you more serious and buckle up too.
• Be wary of the insurance companies. Their main interest is their pocket, not your well-being. To achieve that, they can go as far as hiring private investigators to monitor your activities or entice you into indicating actions and make videos of that. They can come under guise to interview you about the accident just to get details they can use against you. Let your lawyer deal with them.

From the foregoing, you see you need an experienced personal injury lawyer to help you every step of the way. You can go through the process alone but your lawyer will help you make it more successful and smoother. Filing your case is important but full blast, thorough preparation will ensure you win maximum compensation.