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Braverman, P.C.

Personal Injury Cases And Criminal Defense In The Bronx

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Bronx Personal Injury Law Blog

NYPD issued millions worth of erronous parking tickets

It may surprise you to learn that it is not a violation to park in front of a pedestrian ramp in New York City unless that ramp is in front of a crosswalk or at a T-shaped intersection. This may surprise you because you may well have received a ticket for parking in front of a pedestrian ramp, whether it was in violation of city rules or not.

In 2009, NYC amended traffic rules to allow parked cars in front of pedestrian ramps that essentially lead nowhere. While the rule was adopted by the city council without a vote, the information was apparently not well distributed to police officers, who continued to ticket motorists who parked in front of all pedestrian ramps.

Falls in nursing homes: Three common causes

The United States Centers for Disease Control and Prevention (CDC) reports that approximately 1,800 people that live in nursing homes die every year from injuries suffered due to a fall. A variety of causes can contribute to these accidents, but the agency reports that three most common causes are:

  • Weakness. The most common cause of falls is muscle weakness or problems walking. This accounts for 24 percent of all reported falls within nursing home facilities.
  • Environmental hazards. Things like wet floors, poor lighting or improperly maintained wheelchairs are classified as environmental hazards, the second most common cause of falls in nursing homes. This hazard accounts for anywhere between 16 to 27 percent of all reported falls.
  • Medications. The third most common factor involves a change in medications. Prescriptions can have a number of side effects, some of which include an impact on the central nervous system. This can impact the patient's balance and increase the risk of a fall.

NY may soon test phones for texting after car accidents

New York lawmakers are considering a new bill that would allow enforcement officers to check a phone for use prior to involvement in a car accident. If approved, officers could use the information to help explain the cause of the accident.

How is the proposal different from current law?

Although it is currently possible to determine if a driver was using his or her cellphone prior to a car crash, doing so generally requires a warrant. This is to ensure that privacy rights are not violated. The current proposal, referred to as Evan's law, would allow officers to get basic information without infringing on privacy rights. This is because the device simply allows the officer to determine if the phone was used. It does not show specifics like the details of a text or the Tweet that was posted on Twitter.

New York City jail system sees increase in personal injury claims

We have heard a lot of very troubling stories about police brutality on the streets of New York City as well as across the country. Unfortunately, these are not the only incidences that have become concerning to the citizens of New York. A recent news article pointed out the increase in personal injury claims that are coming from New York City correctional facilities such as Rikers.

It may seem easy to disregard these incidences because of the individuals who are involved - convicted criminals. But the main issue at hand is that these individuals, regardless of their conviction, have every right to feel safe.

When does a defective sidewalk create legal liability?

Defective sidewalks in New York City can pose a hazard for pedestrians. Under the law, businesses, retailers and property owners have a legal obligation to keep these walkways in a condition "reasonably safe for pedestrians." If those responsible fail to maintain a sidewalk or walkway, then injured pedestrians have the option of filing a lawsuit to recover damages sustained in a slip-and-fall.

Obviously, a gaping pothole left without any warning signs is dangerous. The accumulation of ice and snow can lead to dangerous conditions for pedestrians. Failing to take action by clearing the defect or warning passerby is negligent.

It is not always clear what constitutes a defect, however. At what point does an alleged defect become so minor that those responsible for maintenance cannot have their case heard before a jury?

Are "granny cams" in nursing homes effective?

Cameras and monitoring equipment are prevalent in many industries and workplaces. Stores have long used closed-circuit cameras to monitor shoppers for theft and other misbehavior, for example. Even in our personal lives, we may use cameras to help increase our safety. For example, bicyclists can use Go Pros to help monitor and prevent bike accidents. Parents can now buy "nanny cams" to ensure their children are safe while they are away.

But how far should we go in monitoring the activities of caretakers at nursing homes? Residents of nursing homes are incredibly vulnerable to abuse and neglect. And unfortunately, the National Center on Elder Abuse estimates that up to 10 percent of all nursing home residents suffer from abuse or negligence.

While the vast majority of caretakers mean well, it can only take one terrible worker that slips through the cracks to have serious consequences for nursing home residents. In addition, many nursing home abuse issues are systemic, not necessarily the result of any one person. Long hours and high staff turnover can lead to sub-standard care and negligence, even if caretakers try hard to properly care for patients.

That is why many families argue that a camera can increase safety in nursing homes.

What you should know about police misconduct/brutality

Stories of police officers wrongfully killing or beating suspects are commonplace in the news nowadays, which comes as no surprise to us. Every day (not every other day -- every single day), someone walks into our office with a complaint about police misconduct. If you have been hurt by an encounter with a police officer, you are not alone.

You may have two cases against that officer: A criminal case and a civil case. The criminal case is the one we see in the news, where the police officer is held (or, in many cases, not held) criminally responsible for assault, murder or another violent crime against a civilian. We want to shed some more light on the less publicized, but equally important, civil side of things.

Can you save a life this year? Just put your cellphone down.

Distracted driving is such a common phrase these days, maybe too common. Cellphones play such an important role in our lives that it has become second nature to always have them around, even while we are driving.

A new study found that most drivers understand the dangers of distracted driving, specifically when it comes to texting or surfing the web while behind the wheel. Despite these risks, many people continue to use their cellphones while driving.

As New York grows, workers are dying

After years of recession, New York City's construction industry is finally bouncing back. The city is growing, and new and refurbished buildings are once again starting to dot the landscape.

Nearly everyone who makes their living in construction would tell you this is a good thing. But, it's important to recognize that when done hastily, this growth can come at a steep price.

Hailing Uber rides without the app? You could face consequences in an accident.

Unlike taxis and other vehicles licensed by the New York City Taxi and Limousine Commission (TLC), ridesharing companies such as Uber are not allowed to pick up street hails. While the drivers who do this may have to pay fines, how does it affect the passengers they pick up from illegal hails?

Despite Uber's "no random pickup" rule, earlier this year, the TLC seized nearly 500 vehicles affiliated with Uber for making illegal pickups over a six-week period. The operation was intended to enforce the rules and help protect TLC-licensed drivers who are feeling the effects of competition from companies such as Uber and Lyft. However, it also highlighted a potentially serious concern for Uber passengers.

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Frequently Asked Questions Personal Injury In New York City

    • Q: I've been injured — now what? A: First, see an experienced doctor. Your injuries should be taken care of before you even consider making a claim against someone for causing them. Make sure you are receiving top-quality health care. Keep all information from medical visits — good records of your injury and your treatments are vital for your case if you decide to pursue legal action. Then, call us to schedule your free consultation.
    • How long can I wait before I file a claim for my personal injury? You should seek help with your claim immediately. Depending on the state you live in, most cases must be filed within four years of the accident, but the sooner you contact us, the sooner we can help you build a strong legal claim. If you've been denied Social Security or disability benefits, your appeal must be filed soon after you receive your denial notification. Call us for assistance and an assessment of your case.
    • I was in an accident without insurance. Can you help me? We would need to assess your case. Our assessment might lead us to conclude that the vehicle you were driving was at fault, or perhaps the road conditions were hazardous. We would also need to assess all of the claims against you as the alleged negligent driver. Call us today for your free assessment.
    • A giant commercial truck/semi hit me, and I was injured/my children were injured/other people in my car were injured. What can I do? Large trucking companies have teams of lawyers at the ready to help them minimize payment or avoid paying you for the damage their driver caused you. You need to call us to help you get what you deserve from the company for your injuries, pain and suffering, damage to your vehicle, and any injuries to people riding in your car. To protect your rights, an independent investigation must be executed as soon as possible.
    • If I get hurt on the job, what should I do? Tell your supervisor or someone in your human resources department immediately, and then get help with your injuries. It's imperative that you file a report about the accident with your employer, or you may be denied any disability or workers' compensation benefits for your injuries. Then, file your workers' compensation documents according to your company's guidelines. If you are turned down, give us a call to get your case assessed. We'll help you get the compensation you deserve for injuries on the job.
    • What should I do if I was injured on a construction site? You should take the same steps as anyone injured at any other job. File an injury report and file for workers' compensation benefits. If you are denied benefits or mistreated by your employer, contact our law firm immediately. Also, contact us immediately if your injury might have been caused by a party other than your employer such as a product manufacturer or another party on a construction site. You might have an underlying personal injury claim.
    • If medical treatment was unsuccessful or caused my condition to worsen, do I have a medical malpractice case? Not all instances of poor medical outcomes are medical malpractice. It is important to speak with an experienced attorney about your specific circumstances.
    • If injured in a police misconduct/brutality incident, what should be done? Get names of witnesses. Take photos of injuries. Get immediate professional medical attention. Contact our Bronx-based police brutality attorney today.
    • What actions should I NOT take when speaking with a police officer? Don't say, "I know my rights," "I'm going to file a complaint/sue" or "I pay your salary." Don't resist or fight if you're going to be arrested even if the cop is wrong, or he or she doesn't tell you why.
    • What should you do in the event of police misconduct/brutality? Note the date, time and location of the incident. Note — but do not ask for — the name, badge or car number of the officers involved. Note the physical description of the officers.
    • What should you do when confronted by a police officer? Stay calm and be courteous. Don't be rude or curse at the officer. Take off your headset or turn down your music. If asked, give your name and address. You don't have to answer any other questions. Tell the officer(s) that you would like to exercise your right to attorney representation.
    • Contact a civil rights attorney or group immediately. If criminally charged, don't speak until you've consulted a defense attorney. What steps should be taken after experiencing police misconduct/brutality?
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172 East 161st Street, Bronx, NY 10451

Getz & Braverman, P.C.
172 East 161st Street
Bronx, NY 10451

Toll Free: 877-419-3070
Phone: 718-618-5567
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Located Across The Street From All Bronx Courts And Two Blocks From Yankee Stadium

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