Page 6

The probate process can be complex and time-consuming, causing many people to wonder how long probate takes in New York. Generally, it takes about one year to probate most estates, but several factors could come into play, making the process shorter or longer.

If you lost a loved one and would like to access their estate, Bronx personal injury attorneys can help you understand the probate process. They can explain what to expect at each stage and how to prepare yourself. That makes the process as smooth and efficient as possible for you and your family.

What Is the Probate Process?

Probate is an executor’s legal process to settle a deceased person’s affairs and distribute their estate. The first step entails appointing an executor or administrator for the estate in question. The designated person has the authority to handle all the affairs of the probate process and the estate.

The legal documents that give an executor the authority to handle the estate or its affairs are letters of testamentary. The administrator may receive a commission for their time and effort to distribute the estate. The commission depends on the size of the estate.

While a beneficiary nominates an executor or administrator for the estate, the court must appoint them officially. The executor locates the decedent’s assets and gathers them for safeguarding. They can then legally begin the process of settling the estate, which involves the following steps:

Filing the Probate Petition

The executor files the original will and a copy of the death certificate alongside the probate petition in the Surrogate’s court where the deceased lived. A filing fee is payable depending on the size of the estate.

Giving Notice

The executor must notify all creditors and heirs through the mail that the estate is in probate to facilitate the proceedings. The notice indicates the time the creditors have to act on the information. The executor must also inform the public about the deceased’s demise. Bronx estate planning attorneys can guide you on how the process works and what to do at each step.

Paying Outstanding Taxes and Debts

Before distributing the estate to the beneficiaries, the executor must pay outstanding property taxes, home equity loans, mortgage payments, and other applicable accounts. If the estate doesn’t have enough cash to meet these obligations, the executor may sell some assets to raise the money required.

Distributing What Remains as Directed in the Will or State Intestacy Law

The estate’s heirs, also known as distributees, are named in the initial probate petition. The executor serves them with a notice, also known as a citation, requiring them to submit to the Surrogate’s court jurisdiction.

The probate process is a matter of public law in New York, and the precise rules governing the process are available in the Estates Powers and Trust Law (EPTL) and the Surrogate’s Court Procedures Act.

How Long is Probate in New York?

Most probate cases take an average of 12 to 15 months to settle, some taking a few months and others as much as three years.

The difference between short probate and a long one depends on the following factors:

Bureaucracies

Banks, courts, and insurance companies have many bureaucracies that can delay estate administration. These hold-ups can be frustrating because you can’t control the outcome or do anything about the case until it’s resolved. Sometimes, you may become lucky with the paperwork and have the tasks completed on schedule.

Illiquid Assets

Illiquid assets are another factor that can delay settling an estate. An estate that contains assets that are difficult to sell can delay the estate administration process. Examples include shares in a private business or real estate property with tenants who refuse to leave.

Estate Tax

The probate process will usually take 18 months to three years if estate tax returns are involved. The estate administrator may not distribute the estate to the beneficiaries until they’ve received a closing letter from the tax authorities. It could take several months or years to get the letter.

When Is Probate Necessary in New York City?

The probate process in New York is necessary if someone leaves assets in their estate upon demise, whether they left a will or not. However, New York laws exempt small estates from probate, which are assets with less than $50,000 in assets.

The court appoints an executor named in the decedent’s will for small estates. It could nominate an heir as a voluntary administrator if the decedent had no will. The court issues a certificate for each asset the administrator collects and distributes.

Can I Avoid Probate in New York?

With proper estate planning, anyone can avoid putting their loved ones through probate to distribute the assets. Various estate planning tools can exempt assets from the probate estate to prevent them from being subjected to the process.

One common way is to establish a trust to hold assets. A trustee is named to manage the affairs of the property on behalf of the beneficiaries. Once the property is in the trust, it’s no longer part of the probate process.

Another approach is to use beneficiary designations to transfer property upon death. Some assets that have beneficiary designations include:

Retirement or pension accounts
Life insurance policies
Bank or brokerage accounts with a “transfer on death” or “payable on death” designation

Such assets are payable to the beneficiaries upon death. To avoid probate, you may also hold property in joint tenancy with the right of survivorship. Bronx estate planning attorneys can help you plan your estate to protect your loved ones from probate after your demise.

An Estate Planning Lawyer Offering Sound Advice

It’s natural to wonder how long the probate process takes in New York after the demise of a loved one. The truth is that the length of time required varies from one case to another depending on various factors. Assuming the heirs are easy to locate, the will is uncontested, the debts are easy to resolve, and no appraisals are necessary, the executor can complete the process in three to six months. In more complex cases, probate can take years to complete.

Working with estate planning attorneys in the Bronx can make the process easier. Their assistance can save you time and effort as they can work to ensure the paperwork is correct and everyone with interest in the estate receives the required notifications.

Our lawyers are experienced in estate litigation cases and can work with you to resolve the matter. Contact us to schedule a FREE case evaluation.

This is a question that often lingers at the back of the minds of most accident victims. They often wonder if it is worthwhile fighting for compensation through litigation. But the reality is that it depends on several factors which don’t place a specific timeline on when a personal injury lawsuit will take to settle.

Each personal injury case in New York is different, making it difficult to predict how long it will take to resolve the matter. The skilled lawyers at our New York personal injury law firm will do everything possible to process your case with the care it deserves and prevent costly and unnecessary delays.

What’s the Difference Between a Personal Injury Case Vs. a Personal Injury Claim?

A personal injury claim marks the beginning of the entire process of a personal injury case. If the case is settled at the claim stage, the case will have ended and won’t proceed to litigation.

But if the case cannot be settled in the claim stage or your Bronx personal injury attorney knows it can never be settled in the claim stage, it will force you to file a lawsuit in court.

How Do I Initiate a Personal Injury Lawsuit in New York?

The first step after sustaining injuries due to someone else’s negligence or criminal acts is to seek medical treatment and then hire a skilled personal injury attorney. You need a lawyer experienced in the type of injury you suffered.
The next step is for your lawyer to file a complaint in the appropriate court while indicating the details of your case and the amount of compensation you are demanding. Your lawyer will also serve the negligent party with a summons.

What is the Typical Timeline of a Personal Injury Case?

After filing the lawsuit, both parties will begin the discovery stage, where parties will investigate. How long this takes depends on the case type and how much information is being sought. After the discovery is complete, the parties will attempt to settle through mediation. If the mediation fails, the case goes to trial.

Case Resolved in Litigation After Failure in Claim Stage

Some cases can be resolved in claim before a lawsuit is started. Such cases can take between six months and one year to be settled. When the claim stage fails, it may go to litigation, lasting between 3-4 years on average.

Some cases can extend longer, while others may be resolved sooner. It is not rare that an insurance company will refuse to settle a reasonable offer until the case goes to court.

What Factors Affect the Settlement Timeline?

Personal injury lawsuits generally take time. Understanding what factors affect the process and how the process works will help you not lose hope along the way.

Injury and Treatment

If you are continuing with treatment and there’s a possibility of getting better, your Bronx personal injury attorney can’t settle your case. If you are still being treated for injuries that happened over two years ago, there’s still no way of predicting what your case is worth.

In cases where the victim has serious injuries, skilled attorneys often depend on your doctor’s report when willing and able to say what the victim’s future will be like. So it is essential to wait until you reach Maximum Medical Improvement (MMI) to understand the actual value of your case. In not-so-serious accidents, it’s easy to settle the case quickly.

Legal Hurdles Due to Inadequate Facts

New York is a no-fault state when it comes to car accidents. But slip and fall accidents, dog bites, and trip accidents require you to prove liability before the responsible party compensates you. You may face difficulty proving this, which automatically increases the time to settle the case.

There Are Significant Damages Involved

If a hefty amount is demanded, there’s a likelihood the case will experience delays. The insurers will want to pay close scrutiny and get convinced that you were indeed severely hurt and aren’t exaggerating. Sometimes they delay knowing that the plaintiff will likely accept a lower settlement.

County You’re Located

Generally, personal injury cases are resolved much faster in Nassau than in The Bronx.
Other factors that may affect the length of a case include the insurance carrier and your Bronx personal injury attorney.

What Steps Should I Take if My Case Isn’t Receiving the Attention It Needs?

If you feel your case is dragging or not getting the attention it deserves, discuss this matter with your injury attorney. If you still feel unsatisfied, seek a second opinion from a different personal injury lawyer in New York.

Should I Accept a Short Settlement and Avoid a Prolonged Court Case?

If you feel you’re in a dire situation where you need the money ASAP, you may consider accepting a smaller settlement. It is difficult to know how much money you should settle for in such an arrangement because there are no rules to help you make a decision.

These insurance companies are not responsible for paying a certain amount of money. Some may pay up to 30% of what they would have offered in a trial, while others will offer as low as 5% of what they would have offered in a trial. Even if you want to settle this matter with a short settlement, it is absolutely crucial to consult with an experienced personal injury lawyer for guidance and advice.

Compensation for serious and disabling Injuries

Any accident is unfortunate, but some tend to be much worse than others. Sometimes, people have accidents that result in minor injuries and they can get back to their normal lives in no time at all. However, there are accidents that are a lot worse than that and leave their victims seriously injured to such an extent that they are physically affected for a long-term period of months, years, or even permanently. When an accident is that severe, the liable party’s insurance company might approach you with an offer to get themselves out of their legal responsibilities by paying as little as possible. Most people who find themselves in this situation are simply unaware of how much compensation they deserve for their losses, so they might accept such an offer. Before you even consider such a thing, you should reach out to a personal injury lawyer who will be able to give you advice about how much compensation you should get for your losses.

Severe Injuries

Of course, not every accident is the same, so there is no rule of thumb when it comes to knowing how much compensation you should claim in court. Every single aspect of your accident has to be taken into consideration when determining this and only a personal injury attorney who has experience in doing so will be able to do it right and get you the most favorable settlement possible. Aside from the details of the accident itself, the most important thing is how severe your injuries happen to be. Are they simply scratches or are they severe enough to seriously affect your life? There is a big difference between the two and how they are compensated. The more severe your injuries happen to be, the greater the amount of compensation that you will be able to claim. However, only someone who knows what that should be will be able to deal with the insurance company properly.

Toxic Exposure and its effects

Some people are more exposed to danger than others such as people who work around toxic chemicals. While the law expects any employer to take appropriate measures in order to make sure that their employees are protected from harm, some do not do as much as they should in this respect, and accidents can happen. Such incidents tend to affect the victims’ health severely and might even end up with them not being able to work any longer. If you or a loved one have gone or are going through this situation you have to talk to a personal injury lawyer as soon as possible. However, you should know that cases that involve toxic exposure are difficult to prove and can take a lot of time, especially since they usually require scientific data to show liability.

When the liable party refuses to settle

Usually, insurance companies or other liable parties will agree to a settlement after some negotiation because it is in their best interest to do so instead of going to court and having to pay a lot more in the end. But there are times when the liable party puts its foot down and refuses any negotiations altogether, no matter how solid the case happens to be. In such a case, your personal injury lawyer will have to do everything in his power to expedite the process so that the court can decide in your favor as quickly as possible. But you should know that when there is no settlement and all the legal avenues have to be exhausted, the case can take months or even years depending on the circumstances.

A Dedicated and Experienced Professional Offering Strategic Legal Options

Accidents and injuries can leave you in financial distress. Insurance companies know this and may be quick to offer you low settlements in exchange for a quick resolution. When required to make such difficult decisions, you need a quality professional who keeps your long-term interest in mind.

Our trusted injury law firm in New York is ready to walk with you. Using our years of experience, we will aggressively secure adequate compensation for your losses. Our offices in the Bronx and White Plains are ready to receive you. Get in touch with us today to get started.

Every parent’s deepest desire is to protect their child from anything or anyone that can harm them. Every day, New York parents entrust school counselors, coaches, and teachers with the safety of their children. The last thing you want to find out is that the minor is being sexually abused at school.

Luckily, you can seek justice if this happens to your little ones. Penal Law 130 and the Child Victims Act define and cover all other aspects of child abuse in New York State. Seasoned personal injury lawyers in the Bronx can offer legal advice and guide you on the steps to take in pursuit of compensation.

Should I Question My Child Regarding the Abuse?

If you are keen enough, you might notice changes in your child’s behavior and suspect that sexual abuse is taking place. Children react differently to abuse, but you might have noticed:

Verbal cues
Physical signs
Behavioral signs

While you might want to talk to the child to seek further information, you risk being accused of coaching the child. Taking your child to a neutral professional as soon as possible is advisable. The child abuse professional can observe the minor, ask them questions skillfully and objectively, and publish a report that could be used to strengthen your case.

Who Can I Hold Accountable for My Child’s Sexual Abuse at School?

An in-depth investigation of the circumstances surrounding the sexual abuse incident can determine who you should take action against. It is not advisable to rely on the investigation done by the police or other government agencies. Instead, let a skilled Bronx sexual harassment attorney do the work with your interests at heart.

Lawyers usually work with a team of experts in various fields to ensure that no critical piece of evidence is left out. Possible culprits would be the person who sexually abused your child and the school, if the institution was involved. If the institution knew that the abuse had taken place and tried to cover it up, the lawsuit could be against them also.

Can I Initiate Criminal Proceedings Against the Person that Sexually Abused My Child in NY?

A criminal proceeding against a sexual abuse perpetrator is meant to punish them with jail, sex offender registration, hefty fines, and other grave consequences. However, a parent cannot bring criminal charges because they are not a party to the case. Your only responsibility is to report to the police and help the District Attorney with investigations.

The State of New York should bring criminal charges against any child abuser. And they have up until the child is 28 years old to bring criminal sexual abuse charges in court. But if your minor was below 11 years, the criminal charges can be brought at any point in their lives.

When Can I File a Civil Lawsuit if My Child is Sexually Abused in School?

Unlike criminal charges that can only be filed by the prosecutor, you can file a civil case yourself. The person abused as a minor can also bring a civil lawsuit at any time until they are 55 years old. You can seek compensation from the abuser or a third party, such as the institution where the incident occurred.

You might need an experienced Bronx sexual harassment attorney to help you navigate the legal processes in New York State. A solid claim is challenging to build whether the child is still a minor or they are an adult now. The case can be started at the Supreme Court, even without filing a Notice of Claim.

Will My Child Ever Recover Emotionally from Sexual Abuse?

Every child processes abuse differently; some might suffer more emotional effects than others. Parents should ensure their children get counseling to help them work through the current issues. However, note that issues might crop up as they go through various development stages of their lives.

Make sure that you and your child’s siblings also go through counseling. Once you are in a good place mentally and emotionally, you could speak to a seasoned Bronx sexual harassment attorney to discuss compensation.

Is it Worth Suing a Teacher for Sexually Abusing My Child?

Agreeably, all perpetrators of child sexual abuse should be held accountable. However, seeking damages from a school teacher might not give you sufficient compensation for the medical expenses and other costs involved in treating your child wholesomely. Thus, you could consider exploring as many alternatives as possible.

Title IX of the Federal Law discourages public and some private schools from discrimination, including sexual harassment or abuse. The bar for these types of lawsuits is so high, and you might have to prove that:

The school was aware of their employee’s sexual misconduct
The institution had the power to take corrective action
The school’s reluctance to take action amounted to “deliberate indifference.”

Can I Sue the Sexual Abuser’s Parents if They are Minors?

If another child has abused your child at school, you might wonder whether you can sue their parents. Parents of children that have committed unlawful acts can take responsibility in certain situations. New York’s Parental Responsibility Law requires parents to only be held accountable if the child is between 11 and 17.

Suing the other parent might not be as straightforward as we may want to think. For instance, you have to prove that they did or failed to do something directly linked to the minor’s sexually abusive behavior in a New York school. The more the parties to a civil lawsuit, the better the chances of maximizing your deserving compensation.

Seek Justice for Your Child with the Help of a Legal Professional

Apart from physical wounds, a sexually abused child could suffer deep emotional wounds. Some of the harm caused can persist through their teenage years and even adulthood. Fair compensation is the least the justice system can award you and your family.

Damages might not come without a legal fight. Kindly speak to us today to begin strategizing a civil lawsuit in New York State.

Law enforcement officers are permitted to use reasonable amounts of force in their line of duty. However, some misuse their badges and commit criminal acts that violate the constitutional rights of residents they should be protecting.

Despite surveillance cameras being almost everywhere, many officers still commit acts of gross misconduct. Knowing what constitutes police brutality empowers victims to take action. The law protects you and offers clear guidance on seeking compensation. Personal injury lawyers in the Bronx can explain your legal rights and ensure that you get everything you deserve.

How Does Police Brutality Look Like in New York?

Police misconduct or brutality includes reckless, negligent, or intentional actions.

It can take many forms in New York and can manifest as:

False arrest
Wrongful shootings
Stun or taser gun injuries
Malicious prosecution
Excessive force
Racial profiling
Unlawful imprisonment
Sexual assault
Illegal search and seizure
Civil asset forfeiture

Acts that amount to police brutality are not limited to the above list. So, if you feel violated and suspect that it is an injustice, consider speaking to a seasoned Brooklyn police brutality attorney. your lawyer will listen to the facts of your situation and advise you on steps to take to pursue justice.

What Should I Do in the Face of Police Brutality?

Many victims of police brutality don’t know how to act on the verge of it. If you find yourself in confrontation with the police:

Try to be non-aggressive
Comply with the police’s requests
Protect yourself as much as possible while you comply
Contact a Brooklyn police brutality attorney as soon as the incident is over

As confusing as it might be, taking the right steps could make it easier for you to seek justice thereafter. Even if you feel you did something to contribute to the conduct of the police, just reach out to a lawyer that can help you gain clarity.

How Does the Law Protect Me From Police Brutality?

While law enforcers have a duty to maintain law and order, they should not infringe on your rights. The civil rights laws protect you from excessive force, and you might have recourse if it is proven that the police overstepped their mandate.

It is not always easy to prove an incidence of police brutality. But thorough investigations can uncover the facts of the incident. Statements from other police officers and witnesses, records, and other forms of documentation can be used to show the judge that misconduct took place.

Is Compensation for Police Brutality Easy or Difficult to Recover?

If your attorney uncovers evidence that can prove beyond doubt that excessive force was used, you might be entitled to compensation. You could recover damages for:

Disability or disfigurement
Mental anguish
Pain and suffering
Economic losses such as lost earnings
Future and past medical expenses

The types of compensation you’ll be entitled to depend on the types of damages you suffered out of the brutal acts of the police. You might never know the possibilities until you consult with a New York police brutality lawyer.

Who Should I Bring a Lawsuit Against in New York?

Many victims of the use of excessive force wonder who exactly to sue. And filing against the wrong person could be a waste of valuable resources. Whether you suffered physical or non-physical injuries, you can take action through the municipality that employed the officer or personally against the police.

The procedure for filing against a municipality could be different from how you would file a personal injury claim. For instance, you cannot proceed without giving them a Notice of Claim detailing:

The damages you are seeking
All the injuries suffered from the incident
The time and location of the incident
Your attorney’s name
Your name and address

Is There a Deadline For Taking Action Against Police Brutality?

Victims of police brutality don’t have the pleasure of time because these types of cases are also subject to the statute of limitations. The first deadline in New York is 90 days from the date of the incident. After that, you might still be able to file one year and 90 days following the incident.

Once you file with the municipality, consider preparing for questioning in a 50-h hearing; under oath. Negotiations for a settlement might follow thereafter. You just want to ensure that you don’t miss any deadline. However, you don’t have to remember these deadlines when you hire an attorney in New York. They will file all notices and lawsuits soonest possible and keep you posted on everything.

How is an Attorney Instrumental to My Case in New York?

Pursuing a lawsuit after a police brutality incident is not always easy. You might end up feeling like a villain, especially when the police officials refuse to cooperate. But a Brooklyn police brutality attorney can fight until the government takes your case seriously. They can:

Take the case to court if the municipality doesn’t agree to a fair settlement
Represent you in the negotiations and request the maximum available compensation
Consult with various experts to get ideas on why the actions of the police were unjustified
Conduct thorough investigations to identify who was responsible
Put together evidence that shows your rights were violated

An attorney understands how intimidating it might feel when suing a law enforcement agency. That’s why they won’t leave your side until you secure the compensation you deserve in New York.

Attorneys Advocating for Your Dignity and Civil Rights

Determining whether the force used is reasonable or not can be a challenging task. Trying to hack this on your own can leave you confused and discouraged. You need an experienced injury lawyer to respond to your police brutality concerns in New York.

Our attorneys are conversant with the various legal options available to victims of negligent and reckless acts. We can take on your case and fight until you get just compensation. Speak to us today if you are determined to safeguard your rights today.

Being a pedestrian in a state like New York comes with great risk. Even people in the boroughs are at risk. And because pedestrians don’t have much protection as compared to people in cars or people on motorcycles who wear helmets, these pedestrian accidents are often catastrophic or fatal when a car is involved.

A pedestrian in New York has the right of way when crossing the street at an intersection. But the pedestrian also has the responsibility of following applicable traffic signals and being careful. While a car driver can be at fault, there are cases where the pedestrian may have contributed to the accident, such as jaywalking. If you were jaywalking and got into an accident, talk to a Bronx personal injury attorney for a detailed evaluation of your case.

It may seem that if you were jaywalking and tried to cross outside a crosswalk, you won’t receive compensation for your injuries. But this is not true. Learn what to do if you are in such a situation.

What Is Jaywalking?

Jaywalking is basically walking outside of a crosswalk or crossing an intersection diagonally. So if you cross at a point that’s not a designated crosswalk, it would be considered jaywalking.

Is Jaywalking Illegal In New York?

According to Section 1152 of New York’s Vehicle & Traffic Laws, jaywalking is illegal. But even with this law, jaywalking is still a common occurrence in New York. So, it is expected that a jaywalking pedestrian will be hit by a car at some point.

Although it is illegal to jaywalk, a pedestrian who’s struck by a car can still recover damages for their injuries. However, this will involve several factors that the Bronx pedestrian accident attorneys can explain in detail when you call them.

Who Is Responsible to Pay in A Car Vs. Pedestrian Accident In New York?

Pedestrians are expected to follow traffic rules and obey all traffic signs and signals. In most cases, the driver will, in many cases, be at fault even in cases where the crosswalk was absent when the pedestrian was struck.

A pedestrian will only be at fault if he/she was grossly negligent or if the driver who hit them did not violate any traffic laws. For instance, a pedestrian may decide to cross a street with a clear “No Crossing” sign on display. But even in such cases, the pedestrian may qualify for some compensation.

Is There Shared Fault in A Pedestrian Accident?

Liability in such an accident will hinge on negligence. New York is a pure comparative negligence state. This means that you may be partly at fault for the accident but still recover compensation from the at-fault defendant. The only thing that will happen is that the damages will be reduced by the percentage of fault you bear.

For example, if you were jaywalking and a speeding driver hit you, the court or claims adjuster may assign you 30% at fault for the accident while the negligent driver was 70% at fault. If, as the pedestrian, you sustained $100,000 in injuries, the total amount will be reduced by your 40% and get the remaining 60% which will be $60,000.

You will need an experienced personal injury lawyer in the Bronx to help you get just compensation for your injuries.

When Is a Driver at Fault in A Pedestrian Accident?

Even if you were jaywalking, some scenarios would make the driver at fault for the accident. Car drivers are bound by law to act with reasonable care at any given time. They should be attentive to their surroundings and any pedestrians around them.

A driver can be at fault for a pedestrian accident in the Bronx in these ways:

Driving under the influence of alcohol or drugs
Driving while distracted
Driving above the speed limit
Failing to stop for a pedestrian walking in a crossing area
Failing to yield to pedestrians crossing or standing at the corner of intersections

If the driver was driving negligently, you might have a case. You’ll need Bronx pedestrian accident attorneys who understand the ins and outs of New York traffic laws and can use them to get you the maximum compensation. Especially if you were jaywalking and the driver is claiming you were at fault, you will definitely benefit from the experience and skills of a New York pedestrian accident lawyer.

How Will I Get Compensation for My Injuries?

Pedestrian accidents are often devastating. If you suffered injuries in a pedestrian accident, you might be entitled to receive damages which will cover your:

Medical bills
Short and long term medical care
Emotional distress
Pain and suffering
Lost wages and lost future income
Wrongful death
Diminished quality of life

Sometimes these accidents are fatal. If this happens, then the deceased’s estate may file a wrongful death claim in New York. Talk to a wrongful death lawyer at our law firm for compassionate legal advice.

Qualified Professionals Fighting for The Compensation You Deserve

If you were partly at fault for an accident, you might be hesitant to seek compensation. But even if you didn’t follow all the traffic laws while crossing the street, you can still recover compensation with the help of pedestrian accident attorneys in the Bronx.

Talk to us today if you’re struggling to pay your medical bills following a car accident in New York. We bring settlement negotiation experience with us and can help you hold the driver accountable for your accident. Call us today to schedule a free case evaluation with us.

Icy roads and icy sidewalks can make walking a slippery mess. Throughout the winter season, people in the Bronx often have these concerns. And if stores and buildings don’t take necessary action, ice can melt and become a hazard, especially on slippery floors.

A slip and fall accident on icy roads isn’t a laughing matter. It can lead to devastating injuries like broken arms or a traumatic brain injury. If you’ve already been injured, you will need the Bronx personal injury attorneys to help you seek money damages due to your accident. These damages will help you cater for your rehabilitation expenses, doctor’s costs, and any income lost from being off work.

What Should I Do After an Icy Slip and Fall Accident in NY?

If you slipped and fell on ice or snow in the Bronx due to the negligence of someone, you can recover compensation. An injury attorney in the Bronx will evaluate your case and advise you accordingly. However, you need to take some steps after the slip and fall incident.

Photograph The Ice On the Road

Before the ice melts or someone comes and removes it hurriedly, you should take photographs of the area the accident occurred. Also, take the contacts of anyone who witnessed the fall.

Seek Medical Attention

Call 911 or see a doctor for treatment. A slip and fall accident can cause serious injuries like brain injuries and fractures. See a doctor and keep all of your appointments. Take note of your recovery journey.

Note Where You Fell

Take the address of where you slipped and fell. It’s possible to forget at what particular point you slipped and fell once you’re out of the scene.

Report to The Business

If your accident happened on a public sidewalk in front of a business, report it to them as soon as you can.

What Are the Common Injuries Associated with A Fall On an Icy Road?

If only your pride got injured in your slip and fall accident in the Bronx, then maybe you don’t have to sue anyone. But there are other incidences that lead to serious injuries. Remember, as people grow older, it becomes more likely to experience severe injuries by any kind of fall.

The common injuries one may sustain due to slipping and falling on icy roads and sidewalks in New York include:

Traumatic brain injury (TBI)
Nerve damage
Broken bones
Spine injury
Soft tissue damage
Neck injuries
Knee damage
Back injuries
Sprained wrists and ankles
Dislocated or fractured hips

Falling on ice is particularly dangerous because a person can fall and fail to regain balance. The person may fall the first time and injure one part of the body, then fall the second time and hurt a different part while trying to rise up.

Treating and rehabilitating a broken bone or brain injury is expensive. You will need extensive medical appointments and therapy. Let a Bronx ice and snow injury lawyer help you recover these damages from responsible parties.

Who Is Responsible for My Slip and Fall Injuries Due to Ice?

In New York, business owners and property owners have a duty to ensure their premises are safe from any hazards. If they don’t remove the ice or don’t place nonslip mats on slippery surfaces, they could be held liable.

The owner or manager may also be liable if they knew about the risk or were reasonably expected to know but failed to fix it. Here, you must establish how long the dangerous condition existed and whether there was adequate time to get it fixed.

If your fall happened on a public street or sidewalk, the city may be held liable for your injuries. However, not all accidents in the city streets or public places are your city’s fault. You will still have to show how they were negligent.
Other parties who may be liable include homeowners, restaurant owners, and other New York government agencies

How Do I Prove Liability If I Slipped and Fell On an Icy Sidewalk?

If you slipped and fell on an icy road, you will need to prove certain elements in court.

Negligence – the responsible party knew or should have known about the dangerous ice situation.
Absconded the duty of care – the party failed to address the situation even with the knowledge of icy streets or sidewalks.
Received a physical injury – the dangerous icy conditions on the road caused injuries to the victim.
A skilled Bronx ice and snow injury lawyer can help you go through a medical evaluation that proves the extent of your injuries caused by your slip and fall accident on the ice.

What If There Was No Witness?

If you were injured but the incident was unwitnessed, it will be your job to prove that the property owner was negligent, thus causing your injuries.

In many cases, you won’t need a witness. If you were not at fault or partially at fault, you need to talk to an ice and snow injury attorney in the Bronx today to discuss your case.

How Can a Lawyer Help Me After a Slip and Fall Accident On an Icy Road?

An experienced personal injury lawyer in New York will manage all aspects of your case. A lawyer will also fight for maximum compensation by calculating and documenting all your losses. You will also get prompt communication concerning your case and will be available whenever you have any questions, concerns, or need updates.

Help from A Skilled Ice Slip and Fall Attorney in NY

If you or a loved one was involved in an ice-related slip and fall accident in the Bronx, you need to fight for compensation. An attorney is your best chance to seek fair compensation. And because you only have limited time to file, get in touch with an attorney immediately.

At The Law Offices Of Thomas Lavin, we understand what it takes to successfully win a claim against responsible parties. Talk to us today, and let us help you explore all your legal options.

How Long Does Probate Take in New York?