Blog – Page 11 – Daniella Levi & Associates P.C.

Dealing With An Uninsured Person Who Crashed Into You

Written on July 15, 2021. Posted in Blog, Motor Vehicle Accidents.

When you have been in an accident with an uninsured person, it’s important to look at all of your options in that situation.

Here are some of the most important steps to follow post-accident.

1. Collect Visual Evidence

The first step is a basic one. You are going to want to compile as much evidence as possible at the scene of the accident. This means taking pictures of both vehicles and getting all of the relevant information needed to prove your claim. You will also want to take the time to speak to witnesses that may have seen what took place. Write down their numbers, so you are not stuck in a situation where there is no viable witness for your legal claim. This will make it easier to represent your rights in court.

2. File a Police Report

This is an important step in the process after the accident takes place. Regardless if the other person has insurance or not, it’s important to have an officer take a report to help your insurance process go smoother. The officer will interview both parties as well as any witnesses at the time of the accident. The officer will also help you collect contact information from the other driver.

3. File an Uninsured Motorist Claim

Every car insurance company in New York provides some type of uninsured motorist coverage. This means they are going to have a separate category assigned for these claims. This is known as an “uninsured motorist claim” and you should take the time to move forward with a claim such as this one when the accident takes place. The goal will be to speak to your insurance agency and let them know what took place. They will go through the relevant details and make sure the claim goes through as intended.
Have your insurance information available, as well as the details of the accident including the make and model of the other vehicle. Taking pictures will also help you even though the insurance company may send an adjuster out to gather their own information.

Take the time to go through this with a legal professional if you don’t want to do it on your own. Many lawyers can do this on your behalf to make sure things work out as intended and you are not left in an unfavorable situation where the claim isn’t approved.

Please note, it is very possible for your insurance company to say no to the claim. Uninsured motorist claims are auto claims, like any other, except that they are made against your own insurance company, and just like regular auto claims can be denied for many reasons, so can uninsured claims..

4. File a Legal Claim

This is an essential step to increase your likelihood of a fair and reasonable recovery.
You will want to make sure to speak to a qualified lawyer that handles these types of cases.
They will guide you through each phase of the process including potential settlement negotiations. Having a competent legal professional by your side is a must. The lawyer will have the ability to guide you through each phase of the process.

Final Thoughts

When you are dealing with an uninsured motorist claim, there are ways to get compensated for the damages. Don’t assume you are going to be out of options as soon as the accident takes place.

There are viable options available to get the compensation you need. Take the time to go through the steps listed above and contact our office if you have additional questions.

Common Types of Construction Accidents

Written on July 1, 2021. Posted in Blog, Construction Accidents.

Construction accidents are common on the job site and it’s important to understand what the causes can be.

Here are some of the most common types that are seen on construction sites throughout the year:

1. Slip and Fall

These accidents take place because there was water or other fluid on the ground or something was leaking that shouldn’t have been. Due to the amount of work that is done on a construction site, any wet areas need to be cleaned up immediately. If not, a worker can come by and slip with no warning or indication that there was a hazard. This is a common accident due to the nature of the work, but the job areas need to be monitored regularly to keep workers safe.

2. Crane Accidents

While OSHA standards have continually improved over the years, accidents still happen. With heavy machinery being used on construction sites, crane accidents do still occur. This includes the crane operator as well as any workers in the area. Making sure that the operators are sufficiently trained, and that everyone in the area is aware of their surroundings is critical. Most crane accidents involve contact with power lines, dropped loads, the boom collapses, or rigging failures. It’s important to understand what the crane safety regulations are when it comes to using this type of equipment as well as staying alert and attentive on the job.

3. Fall From Heights

When workers are spending a lot of time high off the ground to complete construction projects, it’s possible for them to not be secured properly. There are strict guidelines in place for workers and companies that work at such heights. If they don’t have the necessary equipment, it can lead to falls from heights that are dangerous. These falls can lead to a wide array of injuries and even prove fatal. Make sure you are secured with your personal fall arrest system and take all safety precautions.

4. Gas Leaks and Fires

When there is natural gas being used around the site, it is possible for there to be leaks. This can happen when things are not being inspected regularly and/or a leak is missed before it starts to spread. In addition, be aware of any buried gas lines in and around the construction site to prevent any accidental punctures to gas piping. Fires are also a security risk, so be aware of any combustible material as well as the no-smoking policy.

5. Repetitive Injuries

Workers will put in a lot of hours when it comes to their job, many people volunteer for overtime, so working more than 40 hours a week can be common. These hard hours do take a toll on the body after a while and that is what makes it difficult to manage. Over time, many workers will notice repetitive stress injuries that occurred because of the amount of stress they are putting on their bodies. This can include hand, leg, and/or foot injuries that only get worse with time. If they are not taken care of promptly, the symptoms can progressively increase until it becomes unbearable.

6. Forklift Accidents

Forklifts are common when it comes to moving heavy items from one place to another on-site. Those who are operating these forklifts can be in danger of getting into an accident along with anyone who is working nearby. If the forklift isn’t used properly, it can become the cause of an accident. This can lead to serious injuries whether it is the operator or the other workers that are nearby. This is why training for forklift operators is expected and having the right operator’s license is essential.

7. Elevator Shaft Accidents

The last type of common construction accident would be elevator shaft incidents. This involves the elevator shaft not functioning the way it is supposed to. Once this happens, the shaft can break down and fall. Those who are inside the shaft can end up getting seriously injured. There are strict safety regulations when it comes to how an elevator shaft works on-site. This includes how often it is inspected to make sure it is working the way it is supposed to.

Final Thoughts

These are the most common types of construction accidents that are seen on-site. It is important to understand what the workplace regulations are when it comes to safety standards, and always following OSHA standards. You have the right to a safe workplace for yourself and those around you.

All owners, general contractors, and construction companies have to abide by these regulations when there are workers on a job site for the safety and protection of all. They all have to follow professional standards of care to keep everyone safe

With offices across NYC, the law firm of Daniella Levi & Associates, P.C. has years of experience helping injured construction workers successfully file compensation claims. To date, they have secured millions of dollars in settlements and verdicts for their clients. If you’ve had an accident while working at a construction site, call our legal team for a free consultation.

Common Causes Of Vehicle Accidents

Written on June 15, 2021. Posted in Blog, Motor Vehicle Accidents.

Vehicle accidents happen across the world and there are several reasons why they take place. Each one is going to be unique but several patterns start to develop.

There are specific causes that are going to pop up from time to time.

Here are some of the most common causes of vehicle accidents:

1. Speeding

There are speed limits on the road for a reason. Unfortunately, some drivers ignore these limits and tend to drive faster than is reasonable and prudent. Some drivers even go as much as double the posted speed, posing a great risk to other drivers. When this happens, the fast driver isn’t going to have the same control as they would if they were driving at the speed limit. It is also common for the other drivers on the road to compensate for a reckless driver. This means they may end up changing lanes to get away from the careless person, or slowing down. When someone is driving too fast, they will not have the same reaction time to stop, maneuver, or avoid an impending accident.

2. Distracted Driving

Due to the invention of cellphones, it has become more and more common for drivers to get distracted. They will look down at their phone while driving and that is all it takes for someone to lose focus. Most accidents occur because of a lack of attention to the road, this can include eating, drinking, adjusting the radio, or navigation system. Although phones are one of the leading causes of distracted type accidents, they are not the only source.

3. Fatigue

Many drivers will drive home after a long day at work or they may wake up early to get somewhere while still tired. This causes their reflexes to slow down and it becomes much harder to pay attention to the road. They may begin to nod off and that fatigue is what causes an accident. Even if the driver is paying attention to the road, they may not have the ability to react quickly to what is happening around them. This alone is more than enough reason for the accident to take place.

4. Poor Weather Conditions

This can include any type of weather condition where visibility is reduced and/or the road conditions are hazardous. Examples of poor weather conditions can include snow, rain, and/or fog. When this happens, it is possible for the vehicle not to operate as intended or the driver to lose control. These poor weather conditions can make it harder to compensate and take evasive measures that would have been easy on a dry road with a clean line of sight.

5. Running Red Light

Many drivers will go right through a red light because they weren’t paying attention and/or were in a rush. When this happens, it is common for other drivers not to notice the vehicle in their path since their light is green, they may assume they have right of way and they would be right. However, this leads to both vehicles crashing into each other.

6. Drunk Driving

This is a significant issue that has been prominent for decades despite the DUI laws. Those who drink and drive will not have the ability to react to the road due to their impaired abilities. It can cause them to delay their reaction time, not react, or not even know what is happening. This is a common cause of vehicle accidents and has resulted in many unnecessary deaths.

7. Reckless Driving

This refers to any type of reckless driving maneuver that leads to an accident. A good example of this would be zig-zagging on the road while trying to get past drivers, driving too fast, or not paying close attention to the road. This can lead to a loss of control, and invariably an accident that could have been prevented.

Final Thoughts

These are some of the most common causes of motor vehicle accidents on the road. It is important to remember these details when in an accident, so you can be aware of what the other driver did to cause the accident. This can help you when filing an insurance claim and/or a legal claim later on. When an accident has happened to you, make sure you have the right representation if you wish to file a claim or pursue legal action.

Victims of motor vehicle accidents deserve compensation when injured by negligent drivers. At the law firm of Daniella Levi & Associates, P.C., we help accident victims hold at-fault drivers accountable. Call us today for a free consultation with one of our car accident lawyers. We provide free no-obligation consultations. If we agree to take your case, you don’t need to pay us anything unless we win you and your family the compensation you deserve.

medical malpractice new york daniella levi and associates the bronx

What To Do When You Slip/Fall In A Store

Written on June 1, 2021. Posted in Blog, Slip and Fall.

What Should You Do When You Slip And Fall In A Store?

Going to any store is an everyday activity. When doing this, you hope to get in, pick up what you need, and head home safely. The last thing you could ever think about is suffering injuries from a slip, trip, or fall inside a store. Unfortunately, there are some instances where a hidden dangerous defect/or condition may cause you to be a victim of this type of injury.

The reason that caused you to fall varies widely. The floor might have been wet/slippery without caution, a hidden step up or down, or a shelf or an object from the shelf may fall on you.

Regardless of what caused your slip and fall injury, below are important steps that you should take when this happens to you.

Ask To Speak To Management

Immediately ask to speak to the management. If there’s no one around and you cannot move, it is okay to shout. In most cases, a store employee will come to your aid. Ask them to call the manager of the store. The manager could be the owner or not. However, since they are in charge, you can properly relay your information to them and ask them to fill out an incident report. Most reputable stores have slip and fall policies and incident report forms. If they do, request one and fill it out yourself. If they insist on filling it out, demand to get a copy of it. Get the contact information of the manager as well. These include the telephone number, address, and name. If you think that you may have suffered an injury, call for an ambulance. It is best to be checked out and evaluated by a doctor as soon as possible.

Gather Evidence

The second vital thing is collecting evidence. If possible take photos of the exact place where you fell. If there are other people around, they are your witnesses. Ask them to take pictures of you while in that position (on the floor), ask them to take other photos of the scene, and get their names, addresses and phone numbers. If you can, it is also a good idea to take videos as well. Although these might seem insignificant, they are invaluable when you head to court. Use multiple angles to get a clear picture of the situation. Insurance companies try to deny and delay victims who don’t have sufficient proof of their accident. Therefore, gather as much as you can. That evidence will help support your claim and help in getting you better results.

Seek Medical Attention

This tip is vital whether you have visible injuries or not. Call for an ambulance to take you from the scene, or if you prefer and can go to the emergency room directly from the scene. When you get to the emergency room make sure you describe how you were injured and every body part that hurts you. From the information you give, they will run various tests. It can be a physical examination or an X-ray, depending on the injuries. Stay around and wait for the results. When you are discharged, obtain a copy of your test results and your discharge papers. Those should contain the tests performed, the results, diagnosis, and medications prescribed As well as follow-up instructions. Also save copies of all of your out-of-pocket expenses, such as co-payments, prescriptions, and cost of transportation to and from medical appointments. Your medical reports and your expenses will be used by your attorney to prove your claim for damages and get you compensation.

Contact Your Attorney

Last but not least is contacting an attorney, specifically, a personal injury lawyer. If you sustained substantial injuries due to someone else they should be held liable. A well-experienced lawyer will help you through the legal process. They will gather further evidence, sort the paperwork, prepare you for the case and properly represent- you before a judge and jury if necessary. If all goes well, you will get compensated for all of the different ways you suffered after the fall. Do not suffer in silence when you slip and fall in a store. With the above tips, you now know how to move forward.

What Should You Do When You Slip And Fall In A Store?

auto accident attorney bronx daniella levi and associates 10462

Is It Worth Retaining A Lawyer For Minor Car Accidents?

Written on May 15, 2021. Posted in Blog, Motor Vehicle Accidents.

Is It Worth Retaining A Lawyer For A Minor Car Accident?

If you are ever in a minor car accident, you may wonder if it is necessary to obtain legal counsel for such an incident. In many cases, you may think that just exchanging information with the other driver and allowing your insurance companies to resolve the situation is enough. However, even minor impact car accidents can give rise to some serious and debilitating injuries that may not be readily ascertained at the time of the accident.

What Is A Minor Car Accident?

In general, a car accident that is regarded as minor results in only a small amount of damage to the vehicle. In most cases, both vehicles that are involved will not have excessive damage and will be able to drive away once the accident has occurred. Even if your vehicle has experienced only minimal damages, there are still many reasons why it is worth retaining a lawyer for a minor accident.

Why Would You Need An Attorney For This Type Of Accident?

You’ve got nothing to lose consulting with an experienced attorney, get your no-fault benefit set up and be examined by a medical professional. Why take chances? Sometimes symptoms may start to appear 72 hours after an accident. Speak to an experienced attorney, get a claim set up, get examined and let time tell whether or not your injuries are substantial enough that are worth pursuing. Certain circumstances may merit the need of a law firm, one that can represent you in court, especially if other people were involved. If people were injured, or if there were many other vehicles involved in the accident, it might be time to obtain legal counsel from a personal injury attorney that specializes in vehicular accidents. Here is an overview of whether or not you should consider getting an attorney for a minor car accident.

Should The Police Be Involved?

Where possible, it is always a good idea to call the police and get them to fill out a police accident report. However, during these times, the police may not always arrive and/or not want to deal with “minor accidents.”. In that case, take photos of your car and the other car(s) involved, including the plate numbers. Also, get the drivers’ information such as driver’s license and car insurance information.

Is It Worth Retaining A Lawyer For A Minor Car Accident?

personal injury lawyer new york ny 10462

Is A Store Responsible When A Customer Is Injured?

Written on May 1, 2021. Posted in Blog, Premises Liability.

When you go to a store to shop, you expect to be in a safe environment. However, accidents can happen. You might slip on a spill on the floor. An item on a top-shelf might fall on you. The mat by the entrance was askew and you tripped. When examples like these result in an injury, the store has a level of liability. As the injured party, it is important for you to know what your rights are so you can exercise your rights and pursue compensation for damages.

According to the Occupational Safety and Health Administration, 90 percent of customer injuries in a store were caused by some kind of negligence. In these situations, the store is responsible to cover the cost of damages. However, documenting and proving that the store was at fault can take a lot of time and effort. If you sustained serious injuries that required medical attention and ongoing treatment, the claim can get quite complex. You would not be able to tackle this on your own while you are recovering. This would be a situation when you should enlist help from an experienced personal injury attorney.

Retail stores have a duty to keep their premises reasonably safe for anyone who walks into the store. The store is obligated to do everything that it is reasonable to do to prevent anyone from getting hurt while they are in the store. That means if an unsafe condition was caused/created and the store did not take any action to remove the hazard within a reasonable time period, the store will be considered negligent in their duty to keep their premises safe. They can be held liable for injuries created by this hazard.

Unsafe situations can be created in a number of ways. Merchandise on overhead shelves can fall over and hit someone on the head. Shelving might have sharp edges that resulted in cuts to the customer. Spills on the floor that have been unattended can cause someone to slip and fall. Floor Mats that are not positioned properly can cause a customer to trip. A poorly lit parking lot (which is also considered store property) can result in a shopper not seeing hazards that could have been avoided if the lot had adequate lighting. The entrance door can malfunction and cause injuries. Shopping carts can be defective. Aisles can be obstructed by boxes of products that were intended to restock the shelves but were not done in a timely manner. Food products might be spoiled or contaminated. There can be other situations. If any of these conditions caused an injury to a customer, the store can be found negligent in failing to take reasonable care to ensure the safety of their customers..

If you are injured in a store, the immediate action to take is to tend to your own safety. If you are in a lot of pain, call 911. Ask a nearby shopper to inform store personnel right away so that they can secure the area of the store where you were injured. The store manager should get involved with filling out a store incident report to document exactly what happened that led to your injury. This will be a significant piece of information when you file your claim.

If possible, get the contact information of any nearby shoppers who can serve as your witnesses. Take photos of the store area and where you were injured. Do this before the store cleans up their spills or reshelves merchandise that fell over. You want to document the unsafe condition that the store was in as further evidence of their negligence. Obtain a copy of the incident report filled out by the store’s employees.

Even if you did not feel like you were injured seriously at the moment of the incident, the incident report, witness information, and photo documentation should be done right away. For slip and fall injuries, sometimes pain doesn’t surface until later in the day when your muscles, bones, and joints start to react. In that case, seek medical attention right away so your injury will not get worse and to document the visit. If you need multiple visits, you will need a copy of all the medical reports, medical bills and receipts, and proof of your loss of wages if you were not able to go to work.

If your injuries turned out more serious than you originally thought, you should consult an attorney to help you file a claim for your case. He will represent you and make sure that you will be compensated fairly. You will have peace of mind that your case is in good hands while you focus on your recovery.

Category: Blog

Dealing With An Uninsured Person Who Crashed Into You

Here are some of the most important steps to follow post-accident.

1. Collect Visual Evidence

2. File a Police Report

3. File an Uninsured Motorist Claim

4. File a Legal Claim

Final Thoughts

Common Types of Construction Accidents

1. Slip and Fall

2. Crane Accidents

3. Fall From Heights

4. Gas Leaks and Fires

5. Repetitive Injuries

6. Forklift Accidents

7. Elevator Shaft Accidents

Final Thoughts

Common Causes Of Vehicle Accidents

Here are some of the most common causes of vehicle accidents:

1. Speeding

2. Distracted Driving

3. Fatigue

4. Poor Weather Conditions

5. Running Red Light

6. Drunk Driving

7. Reckless Driving

Final Thoughts

What To Do When You Slip/Fall In A Store

What Should You Do When You Slip And Fall In A Store?

Ask To Speak To Management

Gather Evidence

Seek Medical Attention

Contact Your Attorney

What Should You Do When You Slip And Fall In A Store?

Is It Worth Retaining A Lawyer For Minor Car Accidents?

Is It Worth Retaining A Lawyer For A Minor Car Accident?

What Is A Minor Car Accident?

Why Would You Need An Attorney For This Type Of Accident?

Should The Police Be Involved?

Is It Worth Retaining A Lawyer For A Minor Car Accident?

Is A Store Responsible When A Customer Is Injured?