What does it cost to hire a personal injury lawyer?
On Behalf of Simon & Gilman, LLP | May 16, 2022 | Personal Injury |
If you recently sustained an injury in an accident as a result of someone else’s neglect, you may be able to obtain compensation for your suffering.
This applies whether you were one of the many involved in a car accident or slipped and fell on someone’s property. You may be hesitant to commit to seeking recompense because of the perceived cost of employing legal counsel. However, you do not have to have money in hand to hire a personal injury lawyer.
A contingency fee basis
Most personal injury attorneys charge their clients on a contingency fee basis. This means you do not pay any money upfront, and you do not owe any money unless you win. The lawyer takes a percentage of any recovered from the insurance company, received from a settlement or awarded in court. During the process, the attorney may or may not also cover necessary expenses such as police reports and filing fees. Depending on the attorney, you may receive a bill for these expenses or they may end up deducted from what you win. It is important to clarify with the attorney how he or she handles these costs.
The percentage
The value of the contingency fee varies from lawyer to lawyer. It may also change based on whether you settle out of court or not. It is not uncommon for the contingency fee to be 30% or 40%, but there is no set rule. Verify what you are agreeing to before proceeding.
With a personal injury attorney, you generally do not need to worry about hours or a big retainer fee. In most cases, you only pay if you win, so you may be able to afford the help you need even if you do not have a lot of money.
What do you need to apply for disability benefits?
On Behalf of Simon & Gilman, LLP | May 9, 2022 | Firm News |
The Social Security Administration (SSA) uses a comprehensive application process to determine eligibility. Part of this process entails information and document gathering, which the SSA uses to decide whether a person has the qualifications to receive benefits.
It is important for applicants to provide all the documents requested, and also to ensure that the information provided is accurate. Here are a few of the documents you may need when submitting your application.
Personal information
Personal information allows the SSA to verify your identity. You must provide your Social Security number, the location of your birth, and your birthdate. You must provide the same information for your current spouse or former spouses, as well as any children under the age of 18. The SSA will also request banking information, including bank name and account routing number.
Medical information
Your medical condition is another essential factor in determining eligibility. You will need the name and contact information of any doctors, hospitals, or health care clinics providing care. The SSA also requires the names of your medications and who prescribed them, as well as information on medical screenings and diagnostic tests.
Other documents
The SSA also has requirements regarding your financial status and employment history. As a result, you must provide your earnings for this year and the previous year. You must also provide employment information regarding jobs for the previous 15 years. W-2 forms are also required, as are documents relating to workers’ compensation payments or lump sum annuities.
In the event you do not have access to the above information, reach out to the SSA for assistance. They can provide additional information on other documents you can submit, or they can help you access the ones that are currently missing.
Can you fully recover from a TBI?
On Behalf of Simon & Gilman, LLP | May 2, 2022 | Personal Injury |
Traumatic brain injuries can change your life as you know it. Depending on the severity of your situation, you might need to relearn how to perform tasks as simple as eating or walking.
Eager to get back to your life, you may wonder about the likelihood of making a full recovery. Knowing what factors could impact your ability to heal can help you make personal goals and identify a game plan for your recovery.
Resource accessibility
Many TBIs require immediate emergency response and knowledgeable medical aid. An absence of either one of these necessities could have detrimental effects. According to The Centers for Disease Control and Prevention, your health prior to your accident, as well as the extent of your injury will both play a vital role in your outcome.
Once you have received lifesaving measures and your vitals have stabilized, you will require ongoing treatment. With developments in technology, there are many impressive resources and therapies designed to help TBI victims through recovery. However, accessing these resources might require some grit. If you can locate and utilize such resources, your chances of an optimal recovery may increase.
Support system reliability
TBIs can impair your ability to work, communicate with others, care for yourself and maintain relationships. Having a strong support system is critical during your recovery. Openly share your goals with those close to you. Involve them in your healing journey. Ask for help when you need it. Look for opportunities to connect with people who might have experienced a similar situation or injury as you. The support and encouragement of those closest to you can make a significant impact on your recovery and help you to stay motivated.
Recognize that your recovery will look different than another TBI victim. Despite the unexpected circumstance, your injury does not have to be the reason you dismiss your goals. With the right help, you can still live a happy and healthy life even after a TBI.
Falls still prevalent at construction sites
On Behalf of Simon & Gilman, LLP | Apr 16, 2022 | Construction Accidents |
When people work on a construction site, they face many hazards on a daily basis. One of these is falling.
According to EHS Today, falls play a role in 35% of workplace fatalities. The Occupational Safety and Health Administration most frequently issues violations to workplaces because they disregard fall safety. Statistics demonstrate that this has been a problem for several decades. One study found that between 1982 and 2015, falling led to 42% of deaths on construction sites.
Why do construction sites fail to prevent falls?
Many people may wonder why falls continue to be so prevalent. One factor is the role that they play in accidents. Most construction workers incur injuries because of overexertion or repetitive movements. Additionally, contact with electrical wires and accidents while using machinery cause a significant number of wounds. People may need several days away from work as they recover. Because falls do not occur as often as these other incidents, people may emphasize safety in other areas.
Although falls do not lead to the highest number of injuries, they can result in the most serious wounds. Workers can sustain serious trauma when they fall from 6 feet and they rarely survive a fall of 30 feet. People may injure their neck or spinal cord or they may incur a traumatic brain injury. These wounds have the potential to keep workers at home for several months and can also affect their ability to function on a daily basis.
What steps can employers take?
The Occupational Safety and Health Administration says that people can prevent falls by prioritizing safety. Before sending workers onto scaffolding, employers should make sure that they have safety equipment for each person. Additionally, they should consider the hazards unique to certain tasks. People who work near the edge of a building, for example, may need to take different precautions than someone working six feet above the ground. Employers should also make sure that each worker knows how to use the safety equipment.
With the proper precautions, people can be safe working at great heights.
Drunk drivers pose a serious threat to NY motorists
On Behalf of Simon & Gilman, LLP | Apr 6, 2022 | Motor Vehicle Accidents |
When one chooses to get behind the wheel after drinking, they put everyone’s life at risk, including their own. According to Mothers Against Drunk Driving, there are more than 300,000 drinking and driving incidents across the U.S. every year. While drunk drivers killed more than 10,100 people in 2019, they injured another 300,000.
These preventable accidents, injuries and deaths are the number one threat to motorists on roadways across the country. In New York, more than 30% of fatal motor vehicle accidents involve drunk drivers, according to New York State.
How is intoxication defined?
A driver is considered legally intoxicated if their blood alcohol content level is at or exceeds 0.08%. However, one can show signs of intoxication and experience impaired driving at lower levels. People metabolize alcohol differently depending on their weight and physical makeup.
- At 0.02% one may start to feel relaxed and could make poor judgments.
- At 0.05% one may exhibit exaggerated behaviors, such as gesturing and talking loudly. Vision may also become blurry as smaller muscle control relaxes.
- At 0.08% one may lose coordination and have delayed reaction times, speech and hearing.
- At 0.10% one may show delayed signs of reasoning, thinking and have trouble coordinating movements.
Many effects of intoxication directly influence a person’s ability to operate a vehicle, especially in traffic around other vehicles.
Who is responsible?
Those who choose to endanger others by driving while intoxicated should take responsibility for the consequences of their actions. There are several options for people who have had too much to drink while out with friends or at a dinner party. People can call a driver to pick them up or catch a ride from a sober friend. They can also hang out for a bit and drink water to sober up.
If drivers come into contact with a drunk driver, it is important to contact law enforcement as soon as possible. Officers can possibly minimize the risk of a catastrophic accident.
Tips for avoiding U-turn accidents
On Behalf of Simon & Gilman, LLP | Apr 1, 2022 | Motor Vehicle Accidents |
Anyone who has ever driven in New York understands that the traffic can be difficult to navigate. Additionally, parking can be hard to find.
These factors make U-turns a common, but risky, maneuver that New York drivers must execute. These tips can help you stay safe.
Be aware of potential dangers
Accidents often happen when a driver attempts a U-turn and either underestimates the speed of oncoming traffic or doesn’t see another motorist attempting to turn on a crossroad. Additionally, drivers sometimes fail to check for pedestrians crossing in crosswalks or cyclists.
Know the rules
U-turns are legal in New York unless specifically prohibited by signs. However, there are restrictions. You can only make a legal U-turn from the left lane closest to the centerline of the roadway. You must have a green arrow or traffic signal and you must yield to other traffic.
U-turns are not permitted near the tops of hills, on curves or at any location where other drivers can not see you from 500 feet away in either direction. It is also illegal to make U-turns on limited-access expressways or in school zones.
Drive safely
Before attempting a U-turn, make sure your traffic signal is green and check for oncoming traffic. Look for pedestrians and cyclists. Be familiar with your vehicle’s turning radius and do not attempt U-turns if you are not sure you have enough room.
There are times when U-turns are necessary. However, it is important to take the time to execute them safely to avoid accidents.
On Behalf of Simon & Gilman, LLP | Mar 16, 2022 | Motor Vehicle Accidents |
Traffic fatalities are on the rise across New York City and the rest of the nation, and so, too, is the number of drivers who are blowing through red lights at signaled intersections. Research suggests a clear link between the rising number of road deaths in New York City and the rising number of red-light runners. This indicates that city safety officials must do more to reduce red-light crashes and fatal car crashes, in general.
According to the New York Post, February 2022 was the deadliest February on New York City roadways of any year since 2008.
Road death statistics
In February 2022, 23 people died in crashes on New York City roadways. This is more than twice the number of road deaths seen during February 2021. It also includes driver, passenger, pedestrian and cyclist fatalities, some of which were the result of drivers running red lights.
Red-light-running statistics
The number of motorists blowing through red lights is also on the rise. Drivers received more than twice the number of red-light violations during the second half of 2021 than they did during the same span two years earlier. While city officials have tested red-light cameras and proven their effectiveness at reducing red-light crashes, many believe there are not nearly enough of these cameras within city limits. State laws currently allow for just 150 red-light cameras in the city. However, there are 13,250 intersections with traffic signals throughout New York City.
Research shows that a disproportionate number of deadly crashes in New York take place either after dark or in city school zones.
3 leading causes of slip and fall accidents
On Behalf of Simon & Gilman, LLP | Mar 11, 2022 | Slip, Trip And Fall |
Slip and fall accidents can cause serious injuries. You may think if you fell, it was because you were clumsy.
If you fall after tripping or slipping, one of these three conditions likely caused your accident.
1. Wet or slippery surfaces
A wet or slippery surface makes it hard to maintain footing as you are walking across it. The ground or sidewalk can become hazardous due to rain or snow storm weather. Other incidents such as a leaking or busted pipe that floods the walkway with water can occur. If the temperature is below freezing, this results in ice. If you see ice or water on a surface, you should avoid walking on it as this is a leading cause of slipping and falling.
2. Uneven floors or sidewalks
You can easily trip and fall if you encounter an uneven floor or walkway. Loose or raised carpeting causes a hazard while you walk indoors. On outside surfaces, sidewalks tend to crack and buckle, creating sudden changes in the level you walk on. Bumps from cracks are a common cause for losing your footing as you are walking.
3. Loose cords or wires
If someone leaves wires or cords out across a pathway, these can cause you to trip and fall. As you walk, you may run into the line, and it will attach to your foot, causing you to trip when you try to move forward.
Often, slip and fall hazards are maintenance issues caused by the property owner’s neglect.
How do TBIs manifest?
On Behalf of Simon & Gilman, LLP | Mar 3, 2022 | Motor Vehicle Accidents |
Suffering from a head injury after a motor vehicle accident can cause a number of other difficulties, as well. This includes the possibility of a traumatic brain injury or TBI.
Understanding how TBIs manifest is important for administering the correct treatment as promptly as possible.
Behavioral and emotional red flags
The Centers for Disease Control and Prevention take a look at the manifestation of traumatic brain injury in victims. Signs will often manifest in behavioral, physical and emotional symptoms, with many having overlaps.
Behaviorally or emotionally, victims will often lash out at those close to them. They may seem unusually aggressive or combative and may antagonize others for seemingly no reason. They could also seem easily overwhelmed by things they once managed well, including normal daily stressors. This might result in emotional breakdowns, which is one of the potential emotional red flags.
Other red flags can include a lack of control over impulses, especially if the TBI involved the frontal lobe. This is the area of the brain responsible for impulse control and management.
Physical signs of a TBI
Physically, victims will often experience nausea, headaches, dizziness, and even nerve damage at the start. This will usually worsen over time, especially if the victim does not get medical attention. If the brain swells, it can also lead to confusion, slurred speech, and trouble processing one’s surroundings.
In very severe cases, the physical signs will serve as the most immediate and apparent flags that something is extremely wrong. For example, a victim may fall into a coma or bleed from the nose or ears. Signs like this should warrant immediate medical action.
What is a qualifying disability?
On Behalf of Simon & Gilman, LLP | Feb 24, 2022 | Firm News |
One of the main requirements to receive Social Security Disability is to have a condition that meets the Social Security Administration’s definition of disability.
The SSA explains its definition is strict and has specific criteria a medical condition must meet. If you do not meet the definition, then you cannot receive benefits.
Substantial gainful activity
The SSA requires that because of your medical condition you cannot engage in SGA. SGA is a work activity that allows you to earn over a set amount of money. In general, it is a rather low threshold of earnings, but the actual amount varies. It is different for certain situations, such as if you are blind, and the amount changes every year. However, in general, if you can work part-time making minimum wage, then you probably earn too much. The SSA would consider that SGA, and you would not meet this part of the disability requirement.
Length
The second part of the disability definition is that your condition will last for at least one year or will lead to your death. Typically, only the most severe injuries or illnesses will meet this part of the definition. You must have medical documentation to back up any claim, which means your doctor must state your condition will last for at least 12 continuous months or it will cause your death.
A note
The disabled definition is a little different for children. Anyone under 18 will pass the disability test if the condition causes severe limitations. It must present a challenge in the child’s everyday life that alters how he or she functions. However, minors must still meet the requirement for the length that is in place for adults.
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