Blog – Page 16 – Daniella Levi & Associates P.C.

lawyer and paralegal discussing construction accident case

5 Reasons To Hire Accident Attorneys After NYC Car Wrecks

Written on April 3, 2020. Posted in Blog, Motor Vehicle Accidents.

5 Reasons Why You Should Hire an Accident Attorney after a Car Wreck in NYC

If you suffered injuries as a result of a car accident in New York, you’ve likely had to go through some of the following things: You went to the emergency room, your car is at the repair shop and you reported the accident to your insurance agent.

There may be many other complications that don’t always present themselves right away. This can add stress to an already frustrating and painful time. It’s stress that you don’t need to deal with when you have the right support in your corner.

Here are five reasons why you should consider calling an attorney as soon as possible:

Determining fault in chaotic traffic is not always straightforward

Although the rear-most driver in a multi-vehicle accident. is usually presumed to be at fault, as there may be others who may share in the responsibility.

If you’re the first car in a chain of an accident, some or all of the drivers behind you could share a degree of liability. If you’re that rear-most driver, those fingers could point at you even if the accident wasn’t your fault.

Things get even more complicated when the crash is an intersection collision or a sideswipe. How to determine who is at fault is not a straightforward process. New York is a comparative negligence state, which means that even though you may be partially at fault for an accident, you may still be able to recover from the other at-fault driver

Motor vehicle injury claims are complex cases

Your emergency room staff and doctors could provide you with the best care available. Yet, they may not know how to document evidence for a personal injury attorney.

Injuries like muscle strains and tendon or ligament damage could take days to show up. It also might be years before doctors can measure the true extent of your limitations. Insurance companies love to use circumstances like these to fight your claim.

Multiple defendant lawsuits are intricate and challenging

Injury claims against one or more insurance companies are filled with intricate details, deadlines to be met, and evidence that must be proved to succeed.

There are countless variables that all factor in to back up your claims. There will be lots of documentation and endless evidence necessary. Investigators may determine that a manufacturer’s defect contributed to the accident. A faulty repair may have been a cause of the accident.

If this happens, you may have to also deal with a large corporation or insurance company with lawyers.

Insurance companies are in the business of not paying

Insurance companies assure you that they will be there in your time of need. It’s discouraging to find out that they are working to pay you as little as possible and delay those payments as long as possible. If you’ve waited to get medical attention, or have delayed symptoms, they may likely try and deny your claim.

If your injury is severe enough, you can qualify for a claim beyond New York’s no-fault insurance laws. You could be eligible for big bucks, and that is why insurers will fight you that much harder.

When you’re recovering from injuries from a car wreck, you don’t have time to deal with insurance companies. You won’t have the resources and experience to negotiate the best settlement offer.

That’s where we come in with our experience and resources to help you put your life back together.

Contact Daniella Levi & Associates today. An experienced accident attorney will meet you for a free consultation.

coronavirus precautions at the NY law office

Coronavirus Update March 22nd 2020

Written on March 22, 2020. Posted in Blog, Social Media.

The Coronavirus Situation – How This Affects Your Legal Case in NYC

Coronavirus is changing New Yorker’s lives and the NYS legal system. Your legal team at Daniella Levi & Associates is monitoring those changes to ensure that your interests are fully protected and we are continuing to work remotely on your behalf.

Court Appearances and trials

Previously scheduled trials and court appearances are postponed until further notice. We will monitor these matters for you and advise you as soon as they are rescheduled.

Depositions & Hearings

If you are scheduled for a deposition or a hearing, where possible, we will try to hold those remotely. However, they may have to be adjourned in the event the other parties are unable to participate. Our legal team will notify you as soon as possible. In the event that your hearing or deposition has to be rescheduled, we will do our best to expedite the rescheduling and ask for your patience.

Please call our office or e mail me at daniellalevi@levilawny.com two to three days before your scheduled date to check for any adjournments.

No Fault Examinations

If you are scheduled to appear for a no fault examination with your insurance company’s doctor, please call the doctor’s office to confirm your appointment. The contact information for the doctor can be found on the letter you received notifying you of the exam and the date. We strongly advise you to call the doctor’s office the day of the exam to confirm your appointment as restrictions on gatherings and businesses are changing rapidly.

Defense Medical Examinations

If you have a physical examination scheduled with a defense doctor (which insurance defense lawyers refer to as an “Independent” Medical Examination or “IME”) – Please call our office or e mail me at daniellalevi@levilawny.com to be sure that the scheduled exam is proceeding, both the day before the exam as well as the day of the exam.

Mediations and Arbitrations

If you have a mediation or arbitration hearing scheduled at National Arbitration & Mediation (“NAM”), the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Services (“JAMS”) or another private mediation service, this hearing may proceed remotely or adjourned. We are set up to conduct these hearings remotely via zoom and or via telephone. In fact this past week, two such mediations took place via zoom and both cases were settled. In the event that such hearings will need to be adjourned, we will let you know. To be certain, please call our office the day before to confirm or e mail me at daniellalevi@levilawny.com

Attorneys and Staff

Governor Cuomo ordered 100% shut down of all non-essential businesses, and for now, law firms fall within that category. I will be going into the office on a limited basis to handle mail and other time sensitive matters and working remotely the rest of the time. The rest of your legal team will be working remotely.

We are urging everyone to take the risks of spreading coronavirus very seriously, stay home, stay safe and stay healthy.

spin sections model shows damage from injuries

Coronavirus Policy at Daniella Levi & Associates P.C.

Written on March 16, 2020. Posted in Blog, Social Media.

If you are like me, about 50% of your conscious life these days can be summed up in one word: coronavirus. President Trump declared a national emergency. New York School systems is shut down at least until April 20^th, and possibly until the end of the year. Movie theaters, bars and other gathering venues are also closed and the CDC’s guidelines are to avoid any gatherings of more than 50 people. Starting tomorrow, all restaurants and cafes will only be permitted to sell food either as take out or delivery. We are urged to engage in “social distancing”, to avoid crowds, wash our hands thoroughly and frequently, and to refrain from touching our face.

Our Coronavirus Policy

What is Daniella Levi & Associates, P.C. doing to keep its staff, clients and others safe? Here’s our current policy, which is still evolving to meet new developments:

Staying Informed

We are closely following the news and information sources about the virus, about how it spreads and how to stop it, and about what early symptoms are like. We are further gathering information about what to do if anyone in our office or a client or person who has been to our office develops coronavirus symptoms (cough, fever, difficulty breathing).

Intensified hygiene

We have provided our employees with accurate information about ways to prevent the spread of infection and we have implemented the following measures to reduce the risk of workplace transmission: Ensuring that our employees have easy access to hand washing facilities and/or hand sanitizers, ensuring that public surfaces such as counters, table and desk tops, and doorknobs are regularly disinfected; instructing our employees on the importance of frequent hand washing, refraining from touching their face, and good cough/sneeze etiquette.

Changes in Work Policy and Sick Leave

For now, our legal team is still coming into the office. However, we are in the process of setting up for remote work options. In addition, our team members have been instructed to notify us immediately if they have been exposed to the virus or show symptoms of the infection (cough, fever, difficulty breathing).

Any team member with symptoms of the infection will be sent home and instructed to stay there until they test negative for the virus or, if no testing can be obtained, until the symptoms have gone, Daniella Levi & Associates, P.C. will pay their wages and will not count the lost time toward sick leave or vacation days. If they can work from home, so be it. If they are too sick to do so, we understand.

Any team member who has a family member at home who is ill with the virus will also be allowed to work from home and/or simply care for their sick family members, at their discretion. Again, there will be no wage loss to the employee.

Changes in Visitor Policy

We are encouraging clients and others to engage with us by phone rather than coming to the office as much as possible. We are asking clients and others who have been in contact with us or have been in our office to notify us if they test positive for the virus. Note that while we cannot require them to tell us (because of privacy laws) we are strongly encouraging them to voluntarily do so. If we hear from someone who has been in our office or in contact with us that they have tested positive for the virus, we will consult with local health officials about what steps to take to protect our staff, clients, and others we work with.

All personal information we obtain from clients or others about testing positive will remain protected within our secure data protection system, except to the extent that we are required to report said information to health officials.

Court Appearances – the Changes

Last week, the New York Court authorities directed judges to minimize physical appearances in court and all non-essential court personnel to stay home. Any legal proceedings, such as oral arguments, scheduling conferences, settlement conferences, are directed to be conducted by telephone wherever possible or simply adjourned. Jury trials have been suspended indefinitely. We will do everything within our power to continue to prosecute cases for our clients as expeditiously as possible under this new reality.

We care

Daniella Levi & Associates, P.C. cares about your health and our own. We are doing everything possible to minimize the risk this virus poses to our team, clients, visitors, adversaries, and others.

Stay safe!

Daniella Levi

Legal Alert: 3 Causes of Fatal Car Accidents

Written on February 20, 2020. Posted in Blog, Motor Vehicle Accidents.

In today’s article, we look at some of the causes of accidents involving motor vehicles, along with some ways you can minimize the risk of getting into an accident.

Failing to Maintain Lane Position.

Changing lanes without regard for other road users is one of the top causes of motor vehicle accidents around NYC. From blind spots to high speed, several factors may contribute to a driver making the decision to change lanes before checking if it’s safe to do so. We encourage all motorists to understand the importance of exercising extreme caution prior to switching from one lane to another.

To limit the risk of an accident, follow these tips

Use your turning signals prior to switching from one lane to another. Turning signals are a way to communicate to other road users of your intention.
Only change one lane at a time, as other drivers may assume you’re only changing a single lane.
Never cross lanes separated by solid lines.
Never change lanes in an intersection or even close to an intersection.
Be sure to maintain your current speed while changing lanes.

Speeding

This is New York – our life is packed with social and professional events, and sometimes drivers try to make up time by speeding. Going faster than the posted speed limit is dangerous (not to mention illegal), but so is driving too fast for the prevailing conditions. If it’s snowing or pouring with rain, you’ll want to reduce your speed accordingly.

Some tips on how to drive at a safe speed include:

Leave a few minutes early to reach your appointment on time. A side benefit is that you arrive relaxed and ready to fully engage with your friends, coworkers or client.
Watch your speed. Even if others are speeding around you, don’t feel socially pressured to do the same. Chances are they’ll get tangled in a fender bender at some point.
At lower speeds, even if you get into a crash, the consequences will be less severe, especially if it involves a pedestrian, cyclist or motorcyclist. A pedestrian has a 90 percent chance of survival if hit by a vehicle moving at 20 mph, decreases to 70 percent at 25 mph, and less than 20 percent at 30 mph.
Recognize what makes you speed – keeping up with traffic, overtaking or being tailgated.

Distractions While Driving

Eating is a common distraction among drivers. With so many fast-food places along your route, it can be difficult to resist. Perhaps you brought a couple of bagels from home plus some coffee. You’re in a hurry to get to where you need to be. Dropped food and hot liquid spills are huge distractions, causing you to lose focus on driving.

A cellphone is probably the number one reason for distracted driving. The use of any hand-held cellular device while driving is prohibited on any New York road. Anyone who violates this law will be issued a traffic violation, pursuant to Vehicle and Traffic Law Section 1225c, which will carry a fine of up to $200. Additionally, there will be points assessed to the offender’s driver’s license and driving record.

Tips on how to reduce the chances of distractions include:

Leave for your appointment a few minutes early and have a quick light snack before you leave your home or office.
Place your cellphone in the back seat or away in a bag. Out of sight, out of mind.

While we may never reduce road accidents to zero, each of us as responsible drivers can do our part to help make the NYC roads a little bit safer.

In the event you do get into an accident on the roads which caused injuries, possibly loss of time at work or other traumatic events, please reach out to our experienced legal team. With decades of experience helping victims of car accidents, let us give you a free case evaluation to see if you’re eligible for compensation.

A falling object Accident During Work: Am I Eligible For A Lawsuit?

Sidewalk Sheds & Common Problems: NYC Personal Injury

Written on December 12, 2016. Posted in Blog, Premises Liability.

Problems can sometimes come up in connection to sidewalk sheds

Things designed to help with one type of safety problem can sometimes give rise to their own unique problems. Take sidewalk sheds for example. These structures, also referred to as sidewalk scaffolding, can play a very important role in keeping pedestrians safe from falling objects when construction is being done on a building or there is a significant problem with a building’s facade. Given how harmful falling object accidents can be, preventing them can be critical.

However, there are certain things that could cause sidewalks sheds to go from being an important safety protection to a generator of significant problems.

One is if such sheds aren’t kept in proper repair. When a sidewalk shed isn’t adequately maintained, various safety risks could come up in connection to it, such as risks of the shed collapsing or risks of the shed creating tripping hazards. So, it can be critical for pedestrian safety for building owners who put up a sidewalk shed in connection to construction or repair work on their building to make sure to keep the shed in a safe condition.

Another thing that could cause problems to arise in connection to a sidewalk shed is if the shed is left up for too long. Sidewalk sheds can have the potential to be an eyesore, contribute to sidewalk congestion and be an attractor for things such as garbage. So, there are a variety of different aesthetic, community annoyance and safety problems that could possibly be created when a sidewalk shed ends up in place far longer than it has to be.

Currently, there is no direct deadline put in place on building owners regarding removing sidewalk sheds here in New York City. However, this could end up changing. A bill is being introduced to New York’s City Council that would put such a deadline in place when it comes to sidewalk sheds put up in connection to issues with a building’s facade.

Do you think there should be a deadline on sidewalk sheds in the city? What impacts do you think this bill, if passed, would have on sidewalk safety, pedestrians and communities here in New York City?

Source: The New York Times, “Sidewalk Scaffolding, the Unwanted Neighbor, Is Under Scrutiny,” Winnie Hu, Dec. 5, 2016

Category: Blog