Greenstein & Milbauer, LLP

Friday, June 12, 2020

How Driver Fatigue Can Affect a Truck Accident

Many of us have been a little sleepy or tired behind the wheel. A late-night drive or a long haul can make it hard to focus on the road. That goes double for truck drivers. Unfortunately, their fatigue can cause severe accidents that leave you hurt and struggling to recover. Let’s take a look at the effects of driver fatigue and what happens when you collide with a tired driver.

What Is Driver Fatigue?

Although some people believe in only getting a few hours of sleep, studies show that could be as dangerous as drinking and driving. When you’re on the road, you need your full attention to avoid accidents. If a driver isn’t given their full attention, the results could be deadly. Inattention is a major problem, but it can get worse. The driver may have tunnel vision, or they may even fall asleep at the wheel. That could cause a massive truck accident.

Suing for Compensation After a Truck Accident

So how do you get compensation when a driver falls asleep behind the wheel? In some cases, the driver’s employer may be responsible for the accident. In general, employers are expected to maintain certain standards with their employees. Because of this, they may be held liable for their employees. Employees are also expected to follow certain rules while driving. For example, regulated breaks are important for keeping drivers awake on the road. Your lawyer may investigate whether the driver was taking all their breaks, or skipping them to make better time.

Seek Compensation with a Truck Accident Lawyer

Truck driver fatigue is a real problem, and it can cause a severe accident that leaves you suffering in its wake. Here’s the good news—you have an opportunity to get compensation for your accident with help from a lawyer at Greenstein & Milbauer, LLP. Our lawyers can guide you, starting with a free consultation, when you call 1-800-VICTIM2 (842-8462) or visit us online.

Tuesday, June 2, 2020

Who Can Be Sued for Sexual Abuse in New York?

Sexual abuse can impact the rest of your life, and leave you traumatized and struggling to deal with the aftermath of the abuse. But that doesn’t mean you have to accept the situation and move on. You have a chance to seek compensation for your suffering from the liable party. But who can be sued for sexual abuse in New York?

The Abuser

When you’re preparing for a sexual abuse lawsuit in New York City, the abuser is your first choice for suing. They’re the ones who made you suffer, after all, and they may be held financially liable for their action. But it’s not always that simple to get compensated for a sexual abuse claim. Other parties may have been involved in your sex abuse claim, and you may need to speak to your lawyer about who’s at fault for those losses.

Institutions where Abuse Happened

It’s not just the abuser who’s responsible for your suffering. You may have been abused within a church, school, or within a youth program such as The Boy Scouts of America. In these cases, authority figures may have looked the other way and allowed abuse to happen to you and others. Those programs or groups may face penalties as well, especially if your abuser has died since the sexual abuse first happened. These groups are expected to protect members of their group. If they allow sexual abuse allegations to go ignored, they may be held responsible for the damages their actions caused.

Identify the At-Fault Party with Your NYC Sexual Abuse Lawyer

Identifying the people who allowed or even committed sexual abuse against you or your child can feel like a nightmare. With a lawyer from Greenstein & Milbauer, LLP on your side, though, you can spend more time on your recovery and less time thinking about the predator who harmed you. For guidance on your lawsuit, call 1-800-VICTIM2 (842-8462) or visit us online to learn more.

How to Sue a Hotel for Injury

When you’re on vacation, attending a conference, or traveling for work, it can be a nasty shock to be involved in an accident in your own hotel. It’s not just the injury, either—you may be a long way from home, and you may not want to stay in New York City for the duration of a personal injury lawsuit.

Luckily, a hotel injury lawyer can help you there. They can show you how to sue a hotel for injury, so you can seek compensation while giving your injuries the attention they need.

Gather Evidence

When you’re injured in a hotel, you need to gather evidence of your injuries and the accident. These accidents can happen anywhere someone was careless with maintenance, cleaning, or repairs. Your lawyer can take photos of the scene, talk with your doctor about your injuries, and even talk to expert witnesses.

For example, you may have tripped over a broken stair and fell. Your doctor can provide evidence that your injuries were severe and connected to your fall. Your hotel injury lawyer can talk to a repair person about the faulty stair and whether the hotel should have fixed it right away. Your lawyer may focus on showing the hotel should have taken action to prevent the accident, but neglected to do so.

Determine the New York At-Fault Party

When you’re hurt in a hotel accident, you need to know who’s responsible for paying for those injuries. You’ve suffered enough, and you shouldn’t have to pay out of pocket, but who caused the conditions of your accident?

Typically, the hotel is liable for any injuries that happen on its premises. For example, you suffered a poolside injury, or your bed broke and you hurt your back. These may be the responsibility of the hotel owner. They’re responsible for hiring responsible employees and protecting the safety of all visitors from any careless, avoidable situations in which guests could be injured.

Act on Time

Sadly, you don’t have much time to file a lawsuit against a hotel for your injuries. Every state has time limits, and if you pass those limits, your claim could be dismissed. That leaves you without the compensation you’re due. In New York, you have only three years to recover compensation.

Here’s the good news—your hotel injury lawyer can help you seek compensation in time for your claim. They can determine how much time you have to file and what you need to do in that time. They can also help you act even if you’re struggling to focus on anything but your injuries.

Talk to a NYC Hotel Accident Lawyer

When you’re hurt in a New York City hotel, don’t hesitate to act on your hotel injury claim and seek compensation. The lawyers at Greenstein & Milbauer, LLP can help you seek compensation for your losses and get the help you need recovering from your injuries. Reach out to a hotel injury lawyer for help by calling 1-800-VICTIM2 (842-8462) or by filling out the contact form at the bottom of this page.

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Tuesday, March 31, 2020

Can I File a Personal Injury Claim for Coronavirus?

New York City has suffered one of the most tragic outbreaks of the novel coronavirus, with more than 10,000 cases to date. As people continue to get tested, the number of cases (and fatal cases) rises. This pandemic is tragic for the world, and society may never be the same. If you live in New York City and have contracted COVID-19, it’s important to stay home until you need medical help.

Because New York City has so many cases, it’s possible that you may not receive the medical treatment you need to get better. If you suffer more severe injuries from the coronavirus because of negligence on behalf of a care facility or hospital, you may have grounds for a personal injury claim.

Discussing your situation with a New York personal injury lawyer from Greenstein & Milbauer, LLP is key if you hope to receive the settlement you deserve. Although it may be a chaotic time in society, you deserve justice for what you’ve been through.

Determining Fault for Your COVID-19 Illness

You’ll likely never know where you contracted the coronavirus, but it’s possible that negligence played a role in how you contracted it. It’s also possible that negligence played a role in your symptoms becoming worse. For example, if you were in a nursing home when you contracted COVID-19, the caregivers at your facility may not have practiced the proper sanitation procedures to keep you safe.

If you went to the hospital after experiencing flu-like symptoms, the hospital may have misdiagnosed you and made your illness worse. If you had the coronavirus but the hospital didn’t give you a respirator or proper medication and your lungs were damaged as a result, you could be able to claim negligence for your damages.

Gathering Evidence to Prove Your Case

Gathering evidence to prove negligence against a nursing home or hospital may be difficult during this chaotic time. If you can find witnesses to testify for you and gather your medical records, you’ll be on the right path to filing your claim.

The statute of limitations for personal injury claims in New York is three years. The statute of limitations for medical malpractice claims in New York is two-and-a-half years. Both time limits give you ample time to file your claim once the pandemic has subsided.

Recoverable Damages in Your Coronavirus Settlement

If you can prove that negligence was a factor in causing your coronavirus illness to worsen, then you can recover compensation for any damages you incurred. These damages may include your medical expenses and lost wages. Other damages may include pain and suffering, emotional distress, and loss of enjoyment of life.

Contact a New York Personal Injury Attorney

New York is currently on lockdown as we work to prevent the spread of this virus. During this time, Greenstein & Milbauer, LLP is available for virtual consultations. If you’d like to discuss your case with a New York personal injury lawyer from our team, fill out the contact form below or call 1-800-VICTIM2 (842-8462).

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