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Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to our blog in general.

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I Was Involved in a Boating Accident. Who is Liable?

I Was Involved in a Boating Accident in New York. Who is Liable?

New York weather can be cold and biting, so when warm, sunny climes arrive, New Yorkers are more than ready to enjoy some fun in the sun and on the water.  Boating presents an exciting activity to share with friends and family, but with the fun comes responsibility and vigilance.  Carefree recreation can quickly turn into unanticipated chaos if a boating accident should occur.  Understanding the responsibilities of those involved in a boating accident can be the difference between a relatively painless recovery and a seemingly never-ending headache.

Many factors can lead to an unforeseen mishap during boating.  Crowded waters, mechanical malfunctions, partying sailors and guests, and unanticipated weather events – can all lead to severe damage and debilitating injuries.  Determining the liability for these situations can be difficult.  Was operator negligence the reason for the accident?  Did the boat or other essential equipment malfunction?  Did your beautiful day give way to harsh and unexpected weather conditions?  Were other boaters irresponsible or recklessly operating their vessels?  A blatant disregard of nautical standards and practices can be as dangerous and deadly as those on land and roads.  Similarly, victims of boating accidents have the right to file financial claims against responsible parties for injuries, pain & suffering, and even death.  Determining this liability can be challenging, requiring expert investigation and a technical understanding of the effects of water upon an accident site and those who have either witnessed or been injured in the accident.

Injuries due to boat accidents are not as uncommon as you might think.  They may include a simple slip-and-fall on deck, however other, more traumatic injuries such as broken bones, spinal cord injuries, traumatic brain injuries (TBIs), amputations, or death.

If you have experienced a boating accident and are uncertain about your rights, call Daniella Levi & Associates, P.C.  We will help you evaluate the circumstances that led to the accident and ascertain your rights to recover total compensation for your injuries and personal loss.

Together, we will determine and pursue those that might be held responsible for boating accidents.  We will ask questions and find answers, such as:

  • Was your vessel appointed adequately with all of the necessary and appropriate life jackets and floatation devices required by law for adults and children?  Was this equipment in good condition and were all aboard adequately informed and trained on their usage?  Whether a recreational vessel or a commercial operation, owners and masters must have suitable Coast Guard-approved life jackets on board for passengers of all ages.  Failure to do so leaves them liable for significant penalties.  Children under 13 years of age must wear an appropriately-sized U.S. Coast Guard-approved life jacket on a boat on open water unless they are below the deck or within an enclosed cabin.
  • Did the captain, master, or operator of your boat provide reasonable safety instructions to all passengers before launch?  Did they allow another person or persons to operate the boat who were not qualified to do so?
  • Was your vessel’s captain or operator intoxicated while operating the boat?  Did you observe them engaged in careless or reckless operations or in any other way disregarding boating laws?
  • Did other passengers on the boat behave dangerously or recklessly, which may have interfered with the boat’s safe operation?  Was the operator of the boat unable to properly fulfill their duty due to another passenger’s reckless behavior?
  • What was the condition of the boat?  If a rental company issued the vessel, was the accident a result of their failure to maintain the boat properly?

Could the accident be a direct result of a manufacturing defect?

There are as many contributing conditions to maritime accidents as boats on the water.  At Daniella Levi & Associates, P.C. we will thoroughly evaluate every facet of your boating accident to determine liability and recover your damages, whether from physical injuries, medical expenses, loss of income or livelihood, vessel repair, pain & suffering, or any other unanticipated expenses you may incur.  Your recreation should never become your tragedy.  If you are injured and require a visit by one of our legal professionals, call us today to set up a consultation, and we’ll come to you.  Your first visit is free, and we don’t get paid until you receive the compensation you greatly deserve.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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My Child Was Hurt at School. Is the School Liable?

My Child Was Hurt at School. Is the School Liable For Injuries?

School is back in session… homework, early mornings, after-school programs, rush, rush, rush!  So many things to do, remember and attend.  Children, children, everywhere!  With all of the frenzy each day, no parent anticipates unforeseen peril for their child when sending them to school, but as they say, accidents happen.

Children can encounter unexpected mishaps at school in a variety of ways. The most common causes of injuries at school include:

Playground Misadventures

Emergency rooms see more than 200,000 children injured on the playground yearly, with nearly 10% of those injuries resulting in traumatic brain injuries.  Falls while playing on slides, swings, play structures, and jungle gym equipment account for a great deal of the cuts and contusions, scrapes, sprains, broken bones, and head traumas seen during these visits.

Sports-Related Injury

Whether occurring in P.E. class, the gym, or extracurricular sporting events, sports-related injuries in children 14 or younger approach 3.5 million in this country each year, with another 2 million occurring at the high school level.  Contact sports like football, rugby, field hockey, and soccer contribute to more than 20% of traumatic brain injuries reported. At the same time, baseball and softball account for the alarming increase in shoulder and elbow injuries in both boys and girls.  While proper protective gear is necessary, not every accident can be anticipated or avoided.

Hazardous Grounds Conditions

School grounds maintenance is a full-time job whether the school is in session.  Slippery steps, leaky water fountains or restroom facilities, over-used desks, sidewalk cracks or loose carpeting or tile, unsafe food-handling procedures in the lunchroom, worn, weakened playground equipment – cafeteria, janitorial, and maintenance staff cannot anticipate every potential hazard before injury occurs.  While fire drills are routinely scheduled for the safety of all students and staff onsite, other such routine upkeep and allowances can be elusive.  As a consequence, unforeseen accidents happen.  Whether a repercussion of oversight or negligence, your child’s school failed to meet a reasonable standard of care and may, therefore, be responsible for your child’s injuries.

Interpersonal Conflict or Bullying

As a parent, one of the most frightening aspects of your child suffering an injury at school is the risk of interpersonal violence with another student.  Sadly, bullying has always been one of the biggest risks among children.  While a spontaneous outburst can lead to physical confrontation, bullying may take many non-physical forms as well, affecting a child psychologically and emotionally.  Bullying has been defined as “any written, physical, or verbal threat that impedes another student’s right to a safe school environment.”*  If a child feels threatened or unsafe at school, the emotional, mental, or physical effects upon their daily performance cannot be overlooked.  Conditions such as these make it impossible for students to benefit from or participate in simple school activities, learning, or other standard scholastic programs and services.

Has your child been harmed or injured while at school?  You may have legal grounds for recourse.  Having a personal injury attorney on your side can help you discern what your child’s rights are and where you go from here.

Establishing your child’s school’s duty of care toward your family and all of the school’s student body is critical in determining whether or not there has been a breach in their providing a safe environment for all students – and your child, in particular.  Failure to provide a secure facility, appropriate staff supervision, or sound building or equipment conditions is negligence.  While not every situation may be anticipated or avoided, due diligence must be consistent in standard operating procedures for a school to avoid a negligence claim and liability for failures in their duty of care.

Cases involving injuries to school children are complex.  If you believe your child has been harmed or injured. At the same time, at school, call Daniella Levi & Associates, P.C.  We are uniquely qualified and experienced in establishing the context and evidence necessary to litigate the intricacies involving school injury liability.  If other children were involved, our legal team would work to pursue the appropriate parental/guardian responsible party(s) and see that your child is comprehensively compensated for their child’s actions.

Public vs. Private Institutions

Public schools and employees are generally considered government employees and can be legally held accountable. However, the time frame to commence such actions is limited.

By contrast, private schools are legally held accountable like any other private entity where liability is concerned.  As such, a private school can generally be held legally responsible for negligence and other offenses in a court of law, with most cases being settled with the school’s insurance provider.  In either case, there may be different standards and statutes of limitations for filing a lawsuit.

If your child has been injured at school, first and foremost, seek medical care as needed.  Request that the school document the injury and demand a copy of the incident report.  Notify your child’s school district office directly.  If the injury resulted from a sport or other school program, request a copy of any waiver form you may have signed about that particular activity.  Take photos of any visible injuries, and request copies of all related bills and records from medical providers, physical therapists, prescriptions, or additional services pertinent to your case.

Finally, make a call to Daniella Levi & Associates, P.C.  Our team of experienced personal injury and accident attorneys can assess your case and help guide you through the legal process to pursue compensation for the physical, emotional, and financial impact of your child’s injury.  We are here to help.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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Who’s Responsible for Tree Trimming in Front of My House?

Who Is Responsible for Trimming the Trees in Front of My Property?

Changing seasons – Winter, in particular – can wreak havoc on the trees lining our city streets and neighborhoods.  Storms bring down branches, and sometimes entire trees, upon yards, cars, homes, and streets, causing incalculable hazards, inconveniences, and injuries.  Whose responsibility are these trees, though?

Per NYCGovParks.org, The Department of Parks & Recreation (DPR) in New York “has jurisdiction over all trees growing in the public right-of-way, including trees along streets, parkways, and in city parks.”  Further, DPR is responsible for routine annual pruning for these trees. However, DPR does not accept requests for routine maintenance of street trees, with the following request exceptions:

  • Dead or damaged trees or limbs;
  • Trees or branches that are blocking streetlights, traffic signs, or signals;
  • Blocked street or sidewalk access;
  • Property damage directly resulting from fallen trees or limbs;
  • Trees, limbs, or branches are directly in contact with live power or telephone lines.

It is essential to understand that the City of New York is not responsible for any tree on private property.  On occasion, however, the New York Department of Transportation (DOT) may find it necessary to enter private property to remove a tree or limb posing a danger to the traveling public.  Before doing so, DOT will attempt to notify the landowner, whenever feasible, of their plan to remove the offending debris.

Whether requested or not, DPR, in cooperation with DOT, is responsible for removing hazardous trees and limbs as part of their regular day-to-day maintenance operations.  DOT, working through its staff and contractors, cuts or prunes trees to address the following safety concerns:

  • Remove dead or dying trees or limbs that are likely to fall on the highway.
  • Maintain sight distance at intersections and along the roads.
  • Maintain clear zones along the roadside by removing trees/brush that are or could become dangerous fixed objects.
  • Prevent growth from shading roads in winter.  Shading prevents the sun from melting ice, requiring extra salt and deicers.
  • Remove growth that causes snow drifts on the right of way.
  • Improve the roadside appearance and open vistas to the surrounding landscape.
  • Remove trees that are invasive species.

DOT seeks the public’s assistance in promptly reporting any trees or limbs on the roadway that they consider potentially dangerous to travelers and workers.  DOT employees and contractors strive to achieve the highest level of safety when maintaining existing roads, designing new roads, and removing potentially hazardous conditions.^

Finally, per the New York City Administrative code:

§ 18-105 Trees under private or public ownership; care and cultivation.

“All trees in streets, which on the investigation are found to be without ownership, shall be under the exclusive care and cultivation of the commissioner, and such commissioner shall employ the most improved methods for the protection and cultivation of the trees selected for preservation, and remove those condemned as unfit for cultivation. Trees found to be in the care of individual owners, corporations, societies, or associations, shall not be subject to the commissioner’s jurisdiction unless the owners thereof make a written application to the commissioner to have such trees transferred to his or her care. If the commissioner approves the such transfer, he or she shall assume full control thereof, and the former owner shall be relieved of all expenses connected with the cultivation of such trees. In all cases where landowners, societies, or associations elect to plant and cultivate their trees in streets, such planting and cultivation must conform to the rules and regulations adopted by the commissioner. The commissioner may, however, on the written application of any land-owner, plant and cultivate trees on the streets adjoining his or her land and charge for such service an amount not to exceed the actual cost to the department for labor and materials.”

In short, the City of New York is responsible for reasonable and routine pruning and care of trees along the street in front of your house.  If, however, you experience personal injuries due to falling debris or trees due to the neglect of the City, we encourage you to call the legal team at Daniella Levi & Associates, P.C.  The premise liability lawyers at Daniella Levi & Associates, P.C. understand the effects of public nuisances upon New Yorkers in cases such as these.  Our legal team is here to help you get the attention, response, and benefits to which you are legally entitled.

^www.dot.ny.gov

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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What is the Premises Liability?

What is the Difference Between Premises Liability and Personal Liability?

Premises liability pertains to injuries or damages which occur on another person’s property or business due to unsafe conditions.  There is an implicit premise in the law that states that property owners, managers, or occupiers must “exercise ordinary care in keeping the premises and approaches safe.”  Failure to do so, resulting in the injury of another, is the responsibility of that same owner, manager, or occupier, leaving them responsible for the expenses relative to the injury.

Premises liability accidents often occur at locations including:

  • Retail stores
  • Grocery stores
  • Shopping malls
  • Big box stores
  • Restaurants
  • Sports venues
  • Private residences

Premises liability claims frequently result from slips and fall on wet floors, wrinkled carpets, cracked sidewalks or pitted parking lots, cluttered walkways, or negligence.  If, for example, you slipped and fell due to water on the floor in the produce department at your local grocery store, any injuries you may suffer are the responsibility of the store due to the store and their employees’ negligence.

It is important to note that property owners and businesses are not always responsible for accidents.  Property owners and employees must be careful to maintain an implied duty of care, or they may be held liable for damages due to the following:

  • Spills, breakages, outages, and hazards on their property
  • Dangerous conditions and endangering situations left unrepaired beyond a reasonable amount of time
  • A failure to post adequate signage warning patrons, customers, and the public at large of perilous conditions under construction or repair
  • A complete lack of due diligence to avoid accidents or damage to others

Establishment premises liability can be tricky.  Each individual is responsible for exercising carefulness.  Even so, accidents do happen.  When they do, having proper legal representation is vital to a successful compensatory outcome.  In New York, you need to look no further than Daniella Levi & Associates, P.C.

If you were injured, you would likely experience personal and financial losses like:

  • Property damage
  • Medical Bills
  • Medication and after-care services
  • Loss of income & earning ability
  • Diminished enjoyment of life
  • Pain & Suffering

Parsing out whose actions caused your injuries and losses can be lengthy, costly, and extremely confusing.  Insurance companies and faults are murky waters to navigate on your own.  In New York, you can gain clarity and a timely settlement with the help of the legal experts at Daniella Levi & Associates, P.C.

Our qualified staff will provide you with the expertise and experience necessary to establish your case successfully, the circumstances surrounding it, and a winning outcome encompassing all elements of your claim with consideration for now and in your future.  We specialize in premises and personal injury, and we are prepared to stay the course to win you the compensation you deserve.  Call us today for a free, in-person consultation.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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A Bus Veered Into My Bike Lane. Can I Sue?

A Bus Veered Into My Bike Lane, and I Crashed. Can I Sue?

In our ever-rising inflationary economy, taking the bus and riding a bike in New York have become sensible and financially feasible choices for more people than ever.  Unfortunately, due to the increase in bicycles on the road, accidents between motor vehicles and bicycles are also at an all-time high – especially those involving both buses and bicycles.  Even cyclists who maintain their lanes and follow all the road rules are often at risk when sharing the road with trucks, cars, and buses.  Bus drivers are pressured to maintain their route’s schedule and routine while navigating crowded, narrow streets rife with harried and distracted drivers. Injured cyclists are frequently the victims of this hustle and bustle.

Bus vs. bicycle accidents is deadly serious.  Cyclists suffering from critical conditions due to these accidents incur not only painful physical and psychological injuries but mounting long-term financial stresses and strains as well.  These kinds of trauma can convolute your time, energy, and ability to handle the resulting medical and insurance matters.  Time is, as they say, of the essence when filing the necessary paperwork to resolve their compensation claims.  The legal professionals at Daniella Levi & Associates, P.C. are your advocates, uniquely qualified to assist in all matters about your bicycle/bus accident.

There are many factors in determining who is at fault when a bus and a bicycle collide in New York.  When a bus collides with a cyclist inside the designated bicycle lane, there is no question that the bus will be liable.  This includes anything hanging off of or from the bus, such as low-hanging mirrors and exterior-mounted bicycles or wheelchairs, etc.  In some instances, liability may be reduced when the bicyclist is partially at fault for the collision and resulting damages.  For example, if the cyclist was riding outside of a designated lane, not wearing reflective clothing, or if they failed to adhere to traffic signals, their actions may be considered contributory factors to the injuries they sustained. Conditions such as this can result in a reduction of the ultimate recovery claim.  Knowing how to sort out these details is our specialty.

Transit (bus) companies are considered government entities.  Non-public transit companies (such as Greyhound, etc.) operate differently regarding liability and statute of limitations.  Claims against public entities have very specific statutes of limitations and depend upon several mitigating factors relative to the accident.  It is for this reason that you must gather as much information immediately following a bicycle accident with a bus in New York.  You will want to assemble and record information, including:

  • The date, time, and specific location of your collision
  • The bus number, line, and driver’s name
  • Any witness names and telephone numbers or contact information

Additionally, you will need to compile all of the records and bills about any medical care and treatment you receive specific to your accident.  This begins with any ambulance or first-responder attention you receive at the site of the collision, through any hospital visits, doctor’s office appointments, prescription medications or devices you receive, and ongoing physical therapy or emotional support services beyond your initial treatment.  You must seek medical attention for any injuries you experience as a result of your accident, as self-diagnosis and self-treatment are seldom compensated through claims of this nature.  Myriad types of injuries can result from bus/bicycle collisions, and some may take longer to manifest.  Ignoring a small ache or pain initially may be far more damaging in the long run if left untreated.  The most common types of traumatic injuries from accidents such as these include:

  • Head, neck, and back injuries
  • Facial injuries
  • Knee, hip, ankle, and spine injuries
  • Broken leg, arm, and back injuries
  • Traumatic brain injuries (TBI)
  • Nerve damage
  • Fear, panic attacks, and depression

At Daniella Levi & Associates, P.C., we specialize in liability and personal injury matters.  We will take the time to reconstruct the circumstances that led to your accident, follow up with all witnesses and providers, and navigate the intricacies of insurance companies and their procedures to win you the compensation you greatly deserve.  If you cannot come to our offices for your initial consultation, we will gladly come to your hospital or home, and we will never charge for our services until your matter is ultimately settled.  Call today to schedule an appointment with your legal experts.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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Common Crane Accidents

Common Crane Accidents on a Construction Site

Keeping workers safe must be the number one priority on any worksite. Construction sites are known for their busy environments and hazardous conditions.  Those sites that include the operation of one or more cranes add yet another layer of challenge and diligence to the site management and oversight.  Cranes are prevalent in commercial construction projects.  They enable workers to lift heavy loads up to high locations. They also require comprehensive training in order to operate proficiently and safely.  Crane accidents pose a very real threat to those workers performing their daily tasks, as well as a latent danger to the general public.  Taking every safety precaution in order to prevent accidents is, therefore, of paramount importance.

The four most common crane-related accidents, resulting in both injury and death are as follows:

  • Overturn  – whether, by the crane apparatus itself or its payload, crushing injuries resulting from an imbalance are at the top of the list.  These types of catastrophes occur when the crane’s entire structure fails and falls over.
  • Electrocution – Inadvertent contact with power lines is a common and devastating consequence of crane misuse and faulty operation.
  • Falls – By their very nature, cranes are used to reach the highest heights and achieve the farthest extending points of any construction project.  Accidents caused by falls when conducting these placements are often fatal.
  • Failure – The precision required when operating a crane cannot be overstated.  Mechanical failure in the process of operation can have dire consequences both for the operator and anyone in the vicinity of the malfunction.

The Occupational Safety and Health Administration (OSHA) provides very clear guidelines for both employers and employees for construction sites, as well as specific regulations designed to help reduce crane-related accidents and injuries:

  • Cranes must be inspected immediately prior to each use for mechanical issues, according to a comprehensive inspection list with consideration given to all parts prone to cracking and strain, wiring, and moving mechanisms.
  • All repairs must be made without delay.
  • Crane placement is critical; they must be placed on flat, stable ground with a minimum of 10 feet clearance from any electrical cables or power lines.  The icy, wet, or unstable ground is a no-go for safe crane operation, period.
  • Crane operators and “Riggers” must have proper training prior to the operation of any crane, and appropriate signal persons must be present to assist the operator.

All materials to be moved must be properly balanced and measured, so as not to overtax or overtake the capacity of the crane’s ability.  Likewise, all materials to be moved must be properly bundled and secured to avoid shifting, sliding, and dropping in transition.
Cranes must be operated in appropriate weather conditions only, and a clear plan for inclement weather must be clearly posted and implemented for all crane operation personnel.

If you or a loved one have been injured or killed due to a construction site crane injury, the construction injury team at Daniella Levi & Associates, P.C. are here for you.    We have extensive experience litigating on behalf of our valued clients and we understand your rights, specializing in collecting the compensation you deserve.  Together, we will review your case and let you know precisely what you are entitled to.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their personal injury claim. To ensure that you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

For all correspondence, please use the Queens office address.

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