If you are pursuing a personal injury case in Queens, NY, talk to your personal injury lawyer right away about what evidence will best support your case and get you the compensation that you deserve. Read on to understand some general types of evidence that are frequently very crucial to a successful personal injury case.

Visual Evidence

One of the most compelling types of evidence in a personal injury case is photographic and video evidence. If you are involved in an incident, take photos or videos of the scene, your injuries, and any property damage if you are able to do so safely. This visual evidence can provide clear proof of the circumstances of the incident and the extent of the damages you suffered. Your lawyer may also be able to help you find video evidence from nearby surveillance or security cameras.

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Have you suffered an injury caused by another party’s negligence in Queens, NY? If so, you have a limited window of time to pursue legal action against the liable parties. You should act promptly and work with a personal injury lawyer to ensure you get the rightful compensation for your injury.

The timeline for personal injury claims is governed by the statute of limitations. This refers to legal deadlines dictating how long an injured person has to file a claim seeking damages from the liable parties. The statute of limitations for most personal injury incidents in New York is three years, starting from the date the injury occurred. If you don’t file a claim within this timeline, the court will likely dismiss the case.

This deadline applies to most accidents, like car accidents, slip and falls, dog bites, defective products, and other negligent acts. For a medical malpractice case, you have 2.5 years to file a claim. Ensure you file a claim immediately to avoid missing the deadline and losing any hope of compensation.

Can You Sue After the Statute of Limitations Has Expired?

Generally, you cannot file a claim or lawsuit once the statute of limitations has expired in New York. However, there are some exceptions that can pause the countdown clock, giving you more time to pursue the case. For example, if the injured party is a minor, the timeline tolls until they turn 18 since minors cannot directly take legal action.

In medical malpractice, the discovery rule applies as an exception. This means that if you don’t discover the injury until after it occurred, the statute of limitations will start the day your injury was discovered. These exceptions are limited and complicated, so it’s best not to rely on them.

What Should You Do When You Get Injured?

Seek Treatment Immediately 

Get comprehensive medical attention as soon as possible, even for what may seem like minor injuries initially. This is not only vital for your health, but also establishes medical proof early on. Delaying treatment can improperly suggest that you were uninjured or not seriously harmed. The other party’s insurance can use this as evidence to deny you compensation or lower the settlement amount.

File a Personal Injury Claim

You need to alert the relevant insurance company to the incident by filing an injury claim immediately. During this stage, it’s important to work with an injury lawyer, who can handle the claims process.

How Can a Personal Injury Lawyer Help?

Your lawyer can do the following:

• File the claim within the legal deadline
• Handle communications between you and the insurance companies
• Gather evidence for your case
• Quantify and calculate all losses
• Negotiate an optimal settlement

If you need to go to trial, your lawyer will offer skilled representation in court and fight for the rightful damages.

Don’t wait too long to file an injury claim, as this could ruin your chances of getting compensated. Contact Simon & Gilman, LLP in Queens, NY as soon as possible after your injury. 

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Suing for pain and suffering after a personal injury in New York is not always straightforward due to the state’s no-fault insurance system. This system allows for medical bills and lost wages to be covered primarily through each individual’s own personal injury protection (PIP) policies, regardless of who was at fault for an accident. PIP does not include compensation for pain and suffering. However, you can still pursue additional compensation for pain and suffering under certain circumstances, and an experienced Queens, NY personal injury attorney can help you assess your case and understand your rights.

Firstly, it’s important to understand the criteria that New York law sets for such claims. There is a threshold you must meet to be eligible to claim for pain and suffering. Your injury must be considered “serious” under New York law.

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On Behalf of Simon & Gilman, LLP | Feb 7, 2023 | Motor Vehicle Accidents |

During a car accident, it is not uncommon to endure a crush injury. Unfortunately, one of the most severe crush injuries is compartment syndrome. Compartment syndrome occurs when increased pressure builds up within a muscle compartment. The pressure can cause nerve damage along with blood flow issues.

Unfortunately, it can be challenging to detect compartment syndrome right away.

What causes compartment syndrome?

Compartment syndrome occurs due to blunt trauma. There are thick layers of tissue that separate groups of muscles. Each of the layers, or fascia, has a confined space or compartment. The compartment includes blood vessels, nerves and muscle tissue. Unfortunately, fascia cannot expand. If you have swelling in a compartment, the pressure presses against the nerves, muscles and blood vessels. When pressure lasts for too long, your muscles can die.

Compartment syndrome can occur after an accident, due to a broken bone or because of blood loss during surgery.

What are the symptoms of compartment syndrome?

Many symptoms of compartment syndrome do not appear right away. Some of your symptoms may include a higher level of pain than normally associated with that type of injury. Generally, the pain will not fade when you take medication or if you raise the area. Your skin may begin to look pale and you may lose feeling in the area. In acute injuries, your symptoms may increase rapidly within a few hours.

To treat compartment syndrome, physicians aim to prevent permanent damage. Most of the time, surgery is the only option to relieve the pressure.

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On Behalf of Simon & Gilman, LLP | Jan 25, 2023 | Motor Vehicle Accidents |

Dashcams have become increasingly popular. Some drivers use them for safety and security while others simply enjoy capturing their travels on video.

There are many things you can do with a dashcam that make it a worthwhile purchase.

1. Provide key evidence in a crash

If you experience a serious car accident, dashcam footage is important evidence. The law in New York state allows you to recover compensation even if you are partly at fault for the accident, but the amount you receive will be less. Dashcam footage can help establish fault and ensure that you receive the compensation you deserve.

2. Supervise your teen driver

Teen drivers cherish their newfound independence, but they still need parental guidance. Car accidents are the leading cause of death for New York teens. A dashcam can help you make sure that your teenager is driving safely and following the rules.

3. Hold employees accountable

If you run a business that requires employees to use company vehicles, dashcams are essential. Cameras encourage safe driving and help protect your employees and your company.

4. Report dangerous driving

When you encounter a driver who is behaving recklessly or appears to be under the influence of drugs or alcohol, you should notify the authorities. Important information like license plates can be easy to overlook in the moment. This is where dashcam footage can be helpful.

5. Document your road trip

Dashcams serve a recreational purpose as well. If you enjoy long, scenic road trips, a dashcam not only helps you stay safe in your travels, but also provides a visual record of your entire trip.

Technology can not replace safe driving habits, but a dashcam is a useful tool that can give you added peace of mind while driving.

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On Behalf of Simon & Gilman, LLP | Jan 24, 2023 | Firm News |

The Social Security Administration has strict rules and guidelines for how to qualify for Social Security Disability benefits. You must meet all the requirements.

One portion of these requirements is to have a disability that qualifies under the SSA’s definition. There are two parts to the definition.

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On Behalf of Simon & Gilman, LLP | Jan 10, 2023 | Motor Vehicle Accidents |

Driving during the wintertime in New York might give you a panic attack at times. Slippery conditions, low visibility and other traffic hazards may cause angst and impair your control.

You can continue to drive during wintertime; however, it is wise to reevaluate your habits.  Knowing how to responsibly operate your vehicle in wintry conditions may improve your confidence.

Map a route

Map a route to where you plan to go, especially if you plan to travel in an unfamiliar area. Trying to read road signs and find freeway exits while navigating dicey weather conditions is often a recipe for disaster. The Occupational Safety and Health Administration suggests that when driving during winter, you also leave earlier than you typically would, to allow enough time to reach your destination.

Check maintenance

Check the maintenance on your vehicle. Ensure your tires have enough tread to safely operate in snowy and slippery conditions. Make sure your lights function properly and you do not have any burned-out bulbs. Replace worn windshield wipers and make sure you have a snow brush in your vehicle.

Stay prepared

While you should always have an emergency kit in your vehicle, it is wise to update it during the winter. Pack extra snacks, water, warm clothing and blankets. Make sure you have a functioning flashlight. You might also consider tire chains or cat litter for situations where you might need extra traction.

Your preparation and heightened vigilance during the winter can help you stay safe while you drive. In serious storms, consider alternative options for traveling so you can avoid the roads altogether.

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On Behalf of Simon & Gilman, LLP | Dec 27, 2022 | Personal Injury |

If you enjoy riding a bicycle, you need to have a clear understanding of the hazards that you could encounter on the road. Every year, far too many bicyclists become injured when accidents occur, and these collisions happen for countless reasons. In addition, it is vital to remember that you are particularly vulnerable while riding a bike.

Drivers and bicyclists should take a close look at statistics on bike accidents in order to understand how frequently injury accidents take place. It is also important to take preventative measures to avoid an accident altogether. Sadly, many bike accidents happen because of driver negligence, and those who collide with cyclists as a result of reckless driving must answer.

Statistics on cyclist injuries

The Centers for Disease Control and Prevention reports that each year, more than 130,000 bicyclists sustain injuries in traffic accidents across the country. Furthermore, bike accident injury rates are highest among cyclists between 10 and 24, representing almost one out of every three bike accident injuries treated in emergency departments. Male cyclists are five times more likely to become injured in bike accidents than females.

The impact of bike accident injuries

For starters, these injuries shatter the lives of many cyclists and their loved ones. Working can become impossible, and the physical pain of injuries can make daily life very challenging. Sometimes, cyclists struggle with long-term physical hardships.

It is also important to understand the financial impact of bike accidents. The CDC reports that on an annual basis, the costs associated with bike accident injuries and fatalities generally surpass $23 billion.

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On Behalf of Simon & Gilman, LLP | Dec 12, 2022 | Motor Vehicle Accidents |

Road rage is an extremely dangerous scourge on American roadways. Most people have encountered at least one overly-aggressive driver while on the roads, and in some places, it is a daily occurrence. Not only is road rage disturbing, but it can be extremely dangerous. Around 1,500 people have died due to road rage since 2008.

What are signs of road rage?

While not all drivers under the influence of rage will react the same way, there are some common signs. For instance, tailgating is a common indicator of road rage. Angry drivers may also brake erratically, honk excessively and without cause, start yelling at other drivers or use their headlights to flash at slower motorists.

In some instances, road rage may be violent. Angered drivers may try to exit their vehicles to hit others, or even threaten others with weapons.

How can I avoid road rage?

The best way is to not engage with it. If you notice a driver gesticulating angrily at you or yelling, do not reply. You may also wish to slow down, as most enraged drivers are likely to pass. You should also try to use your horn sparingly, and use it lightly when necessary.

It is also a good idea to err on the side of being courteous. Not only will this help you avoid road rage, but it will also make the road more pleasant for everybody else. You are not the police, and it is not your job to teach others how to drive.

The best advice is to focus on yourself and try to arrive at your destination as peaceably as possible.

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On Behalf of Simon & Gilman, LLP | Nov 28, 2022 | Motor Vehicle Accidents |

Even a few small mistakes on the road can lead to a serious crash when truck tires lose their grip on the road.

When dealing with heavier and larger vehicles, a rollover accident can become even more dangerous than most car accidents.

Speeding without precautions

According to the Federal Motor Carrier Safety Administration, a truck that gathers speed can eventually become harder to handle. When an obstacle appears, the driver could struggle to turn out of the way in time to prevent a crash.

This kind of momentum can lead to a truck jackknifing, which is when the driver’s part of the vehicle and the other back area bend toward each other. When the truck starts to lean forward, it could be impossible to stop a rollover.

Distractions

A trucker trying to use their phone or even just looking off in the distance may set off a series of events that ends in a rollover collision with a car or motorcycle. Taking their eyes off the road while trying to unwrap food or talking to another person inside the vehicle are common ways that truckers can miss other vehicles around them.

Truckers overcorrecting their steering can also make it easier for their vehicles to lurch forward and roll over.

Heavy cargo

If someone overloads a truck with heavy materials or items, a rollover accident could happen if the driver turns too quickly or stops too suddenly. Cargo can influence how far the truck leans to one side or another.

When you are around trucks with distracted drivers and extreme loads, you may suffer from serious spinal cord or head trauma after a crash.

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