Tuesday, October 13, 2020

Time Limits Impacting Your Personal Injury Lawsuit

When you’re hurt in an accident, the clock starts ticking right away. You only have a certain amount of time to file a personal injury claim for your injuries. If you don’t, you could lose your chance at compensation and struggle to recover from your losses.

Because of this, you need to know about the time limits impacting your personal injury lawsuit. If you’re not sure how much time you have left to act, reach out to your personal injury lawyer in New York City about the following time limits and others.

Statute of Limitations

When you’ve suffered a serious injury in New York, you have a general time limit of three years. This time limit applies to most claims, with some exceptions. But typically, you have only three years to file a lawsuit.

If you don’t act quickly, that deadline can hurt you. If you wait to file a personal injury lawsuit after that time limit passes, your claim may be dismissed. That leaves you without compensation for the losses you’ve suffered.

If you let that time limit pass, you may have to pay out of pocket for your suffering. Your personal injury lawyer may be key to avoiding these expenses and getting coverage for your losses in a timely manner.

What if I’m Suing the Government?

In some cases, you may not have been injured by another New York resident or private party. You may have been hurt by someone acting in the scope of their job with a government agency. There are different time limits that apply to cases where you may have been struck by a government vehicle, for example, or if you slipped and fell on government property.

If you plan to sue the government, you may need to move even faster than you would in a typical personal injury claim. You’ll need to file a notice of claim, which states that you intend to sue, within ninety days of the accident. That time limit is easy to miss, but if you don’t file your notice, you could be barred from compensation. You can talk to your lawyer about suing the government within these time limits.

Time Limits for a Child Injury

Suing on behalf of a child can be complex and difficult. Your child isn’t old enough to take an active role in court, but they still need compensation for the suffering they experienced because of their injuries.

As a parent or guardian, you typically have two options. You can act on your child’s personal injury lawsuit as soon as possible, within three years of their accident. Acting now can help you preserve evidence and get them compensated now, not later.

In other cases, your child can wait until they’re eighteen. Their time limits don’t begin until they’re of age, which means you have more time to help them prepare for their lawsuit.

Talk to Your Personal Injury Lawyer in NYC About Your Time Limits

Hurt in a serious accident and worried about acting on time? Failing to meet these deadlines could leave you without the compensation you’re due for your recovery. Luckily, the lawyers at Greenstein & Milbauer, LLP are here to help. Start with a free consultation about your time limits and the details of your claim. Call 1-800-VICTIM2 (842-8462) or complete the online contact form below to learn more.

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Wednesday, October 7, 2020

What to Do if Your Personal Injury Attorney Dies While Your Case Is Pending

You had an accident in New York and you were injured. You hired a New York personal injury attorney. Your case is progressing. Then you find out that your personal injury attorney died.

What about your personal injury case?  What should you do?

What Should I Do if My Lawyer Dies Before My Case Is Over?

If you have a pending New York personal injury case and your personal injury attorney dies in the middle of your case, you should consider hiring a new accident attorney immediately. Your accident case may have important deadlines approaching. You may have pending court appearances. The prosecution of your personal injury claim must continue without delay.

If your lawyer died and you need a new accident attorney to take over your case, the New York City personal injury attorneys at Greenstein & Milbauer, LLP are here to help. We can take over the handling of your case.

Contact Greenstein & Milbauer, LLP

The New York City accident attorneys at Greenstein & Milbauer, LLP are skilled at handling personal injury cases. Our firm’s motto is “Don’t Be A Victim Twice.” If you are a victim of an accident, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful.”

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Tuesday, September 29, 2020

What Is Sexual Grooming?

Sexual grooming is a carefully planned and gradual process used by a predator to sexually abuse a child. The predator methodically take steps to establish an emotional connection with the child to gain their trust and cooperation in order to eventually sexually abuse the child.

The Stages of Sexual Grooming

There are many different types of behavior in which grooming occurs. It is widely accepted that there are six stages of sexual grooming.

Stage 1: Targeting the Victim

The predator targets a particular child. Predators often set their sights on vulnerable children such as those who are emotionally fragile and have less parental oversight. Victims could also be selected based on ease of access. They look for children who are already isolated.

Stage 2: Gaining the Victim’s Trust

The predator gains trust by getting to know the child’s needs and how to fill them. A predator will pay special attention to the victim and make him or her feel special.  A predator may provide gifts, special treats, trips, play games, share secrets, engage the child and/or listen attentively to the child. They get to know the child’s likes and dislikes. For older victims, the predator will provide access to cigarettes, drugs, or alcohol.

Stage 3: Filling a Need

The predator will attempt to be the sole provider of something the victim wants or needs such as a providing a cell phone, money, rides, food or a place to stay.

Stage 4: Isolating the Child

Once a relationship with the child has been established, a predator will look to be alone with the child. The predator might offer to drive the child to school or a sporting event, take the child for ice cream, babysit, tutor, coach, or a special trip. They may entice the victim to a locker room, an empty school classroom, their car, a secluded park, or an overnight stay.

Stage 5: Sexualizing the Relationship

The predator will often start to push physical boundaries. It starts with innocent touching that eventually leads to inappropriate sexual contact. Subtle moves can include patting on the back, cuddling, tickling, or a kiss on the cheek. Predators will begin to discuss sexual activities or share sexual photos or videos. The predator will gradually increase physical contact and initiate sexualized touching with the victim.

Stage 6: Maintaining Control

Once the sex abuse is occurring, the predator will go to great lengths to maintain control. The predator will use secrecy, blame, and even threats. The predator may blame the victim by saying they wanted, encouraged, or enjoyed it. They tell the victim they will not be believed or they make threats to humiliate the victim to maintain participation and silence.

Reach Out to an NYC Sex Abuse Attorney

If you or someone you know has been a victim of sexual grooming, contact the New York child sexual abuse attorneys at Greenstein & Milbauer, LLP. The compassionate child sexual abuse attorneys at Greenstein & Milbauer, LLP are committed to holding sexual predators accountable. Our firm’s motto is “Don’t Be A Victim Twice”.  If you are a victim of sexual grooming, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful!”

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Friday, September 18, 2020

Damages Due When Suing for Disfigurement

Many injuries aren’t so visible. Some people may not recognize that you were severely injured or disabled in a New York City accident until you’ve told them. But not all injuries are invisible. You may have suffered injuries that affect your appearance or physical ability, which can leave you with more than pain and medical bills. 

But what damages are due when you’re suing for disfigurement? Disfigurement covers more than your overall health, so talk to a NYC injury lawyer before you sue. They can help you calculate your damages and get fairly compensated for all your losses caused by the disfiguring injury. 

Financial Costs of Disfigurement

When you’re disfigured in an accident, it can cost a lot to address your appearance, mobility, and the amount of pain you’re feeling. Because disfiguring injuries can do so much damage, it can be costly to repair or reduce the appearance of these injuries. 

Let’s say you were seriously burned in an NYC car accident. Those burn injuries may be visible, and they may leave scars that affect your appearance. You may seek out treatment to reduce the visibility of these scars. 

Here’s the good news—your lawyer can help you add up these economic damages. Your lawyer will review the costs that have added up because of your injuries. Even lost wages for a disfigurement should be included. If your job was affected because your appearance changed, such as a modeling or acting job, you may be due compensation for that, too. 

Non-Economic Damages for Disfigurement 

But damages you’re due for disfigurement aren’t always financial. The emotional and mental toll of your injuries may even be more important than the financial losses. The problem is that they can be more difficult to calculate because they’re intangible. 

For example, you may have faced severe emotional distress because of the facial trauma that disfigured you. But how do you calculate the “value” of that distress? When you’re struggling with your injuries, reach out for the tools and resources a personal injury lawyer can provide. 

Your compensation for a disfigurement can be calculated based on how severe your injuries are and how much they impacted your life. For example, an actor who suffered facial trauma may be impacted more by their injury than someone who works in an office or factory. Your lawyer can calculate these damages and add up all of them so you can get your maximum compensation. 

Contact a Personal Injury Lawyer About Disfigurement Damages

When you’re hurt and disfigured in an accident, it can be tough to sue. You’re struggling to deal with both the financial and emotional sides of your injuries, and you may not have the tools you need to calculate your damages. 

Luckily, you don’t have to calculate them on your own. You can instead seek out a lawyer from Greenstein & Milbauer, LLP. We have the tools you need to get your maximum compensation, and we offer free consultations if you’re not sure where to begin. For your consultation, reach out by calling 1-800-VICTIM2 (842-8462) or by filling out the online contact form below. 

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Friday, September 11, 2020

Our Fee Guarantee: No Fee Unless Successful!

At Greenstein & Milbauer, LLP, we promise to give every client our “Fee Guarantee – No Fee Unless Successful.” We take cases on a contingency basis. Our fee is contingent upon you receiving compensation.

Simply put, it means we only get paid if you get paid. There are no upfront costs!

no fee guarantee

Why Our Guarantee Matters

Our “Fee Guarantee – No Fee Unless Successful” allows injured accident victims who cannot afford to pay for high-priced lawyers to hire an experienced New York City personal injury law firm like Greenstein & Milbauer, LLP.

Fighting Insurance Companies

Our “Fee Guarantee – No Fee Unless Successful” allows injured accident victims to even the playing field against insurance companies. Insurance companies have teams of lawyers defending them—so should you.

Our “Fee Guarantee – No Fee Unless Successful” allows injured accident victims to have their day in court.

Our “Fee Guarantee – No Fee Unless Successful” allows injured accident victims receive the monetary compensation they rightfully deserve!

Contact Our NYC Injury Law Firm

If you or a loved one has been injured in an accident, contact the experienced New York City personal injury attorneys at Greenstein & Milbauer, LLP as soon as possible. The accident attorneys at Greenstein & Milbauer, LLP have decades of experience dealing with insurance companies.

Our firm’s motto is “Don’t Be A Victim Twice”.  Call 1-800-Victim2 (1-800-842-8462) to schedule a confidential consultation with the accident attorneys at Greenstein & Milbauer, LLP.

The call is free. The consultation is free. You don’t pay us unless we are successful. That’s our “Our Fee Guarantee – No Fee Unless Successful!”

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Friday, August 28, 2020

How Long Will My Case Take?

As New York City personal injury lawyers, the most common question we hear is “How long will my case take?”

The personal injury attorneys at Greenstein & Milbauer, LLP understand that being an accident victim is stressful, for both you and your family. Waiting is frustrating especially when the accident was not your fault, you are not working and you are actively receiving treating for your injuries.

It’s important to remember that every case is different. How long it takes to settle your case depends on many factors such as how the accident happened, severity of your injuries, the length of your treatment, and the insurance company(s) involved.

Medical Care

The most important part of your personal injury case is the severity of your injuries and the treatment you need after the accident. You never want to settle your personal injury claim until we understand the full extent of your injuries, what future care will be needed, and how your injuries will affect your life in the future.

Waiting until your medical care and treatment is completed will ensure that you receive proper compensation for your personal injury accident case.

Medical Documentation

Once you have completed your medical treatment, we will collect and make sure we have all of your medical records and bills related to your injury. This will include narrative reports from your treating doctors, consultation reports, and all diagnostic tests.

Sometimes, this process can take several months. Once we have received all of your medical records, we will attempt to resolve your personal injury case.

Negotiation and Litigation

Most personal injury cases are settled out of court. Settling a personal injury case can take several months or even years.

Some insurance companies are more willing to settle cases than others. Some insurance companies will only make a low offer until the case is deep into litigation. Likewise, some defense attorneys are more willing to settle cases than others.

If a settlement can’t be reached, then we need to press ahead with litigation. It’s important to remember that filing a lawsuit does not mean that your case will have to go to trial. Sometimes, filing a lawsuit will help settle a case. An insurance company will feel greater pressure to reach a fair settlement once the lawsuit has been filed.

It is important to be patient so that we can make sure you receive fair compensation. Rest assured that we will diligently and quickly process your personal injury case and continue to try to negotiate a fair settlement.

Mediation and Negotiation

If we cannot negotiate a fair settlement on our own, we can try Alternative Dispute Resolution. The first type of Alternative Dispute Resolution is called a Mediation. This is when both lawyers and their clients meet with a neutral third party (i.e., the Mediator) to try to settle the case.

The second type of Alternative Dispute Resolution is called an Arbitration. In an Arbitration, both lawyers and their clients will attend a hearing before a neutral third-party (i.e. the Arbitrator).  A Mediation is non-binding. An Arbitration is binding.

Contact an NYC Personal Injury Law Firm

If you or a loved one has been a victim of an accident case, the experienced, trusted, and knowledgeable personal injury attorneys at Greenstein & Milbauer, LLP can help you seek the compensation you deserve. We will process your personal injury case as quickly as possible!

Our firm’s motto is “Don’t Be A Victim Twice.”  If you are a victim of an accident, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.

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Thursday, August 27, 2020

What Is an Examination Under Oath?

After you’ve had a car accident, the insurance carrier is entitled to an Examination Under Oath (“EUO”) as part of the “Verification Process.” In other words, the insurance carrier is entitled to verify the facts of the accident and treatment with the claimant.

But what is an examination under oath? What does it involve, exactly? Although not a deposition, it is similar. The EUO is conducted by an attorney hired by the insurance carrier. The testimony is given under oath and the testimony is recorded by a court reporter.

How Do I Prepare for the EUO?

An accident attorney from Greenstein & Milbauer, LLP will be with you at the EUO. We will prepare you for the EUO. We will walk you through the process and will be with you every step of the way. We make sure our clients feel comfortable with the process.

What Kind of Questions Will Be Asked?

The best way to prepare for an EUO is to anticipate the questions that may be asked. We will review the topics that might be discussed and go over potential questions.

The EUO will begin with questions about your background, which includes basic personal information. They will ask about the accident. They will ask about your injuries. They will ask about your initial physical complaints. They will ask about your treatment. They will ask for the name of your treating doctor and frequency of your treatment. They will ask about diagnostic tests, like MRIs, and consultations with other doctors.

An accident attorney from Greenstein & Milbauer, LLP will be by your side throughout the entire process and vigorously protect your rights.

What if I Fail to Attend an EUO?

If you fail to attend an EUO, the insurance company can deny your claim. It will be deemed a willful noncompliance with the terms of the insurance policy.

Contact an Experienced Attorney for EUO Help

If you or a loved one has been injured in a motor vehicle accident, you should contact the experienced personal injury attorneys at our firm as soon as possible.

The accident attorneys at Greenstein & Milbauer, LLP have decades of experience dealing with insurance companies. Insurance companies have lawyers defending them, and so should you. Our firm’s motto is “Don’t Be A Victim Twice.”

Call 1-800-Victim2 (1-800-842-8462) to schedule a confidential consultation with the Harlem accident attorneys at Greenstein & Milbauer, LLP. The call is free. The consultation is free. You don’t pay us unless we are successful.

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