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- Auto Accident Law
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- Brain Injury Law
- Malpractice Law
- Personal Injury Law
- Animal Bite Law
- Mesothelioma Law
- Motorcycle Accident Law
- Slip and Fall Law
- Reflex Sympathetic Dystrophy Syndrome
- Pedestrian Injury Lawyer
- Sexual Harassment Lawyer
- Truck and Semi-Truck Accident Law
- Wrongful Death Law
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How Long Do You Have to File a Claim after a NY Car Accident?
After a car accident, you might feel overwhelmed dealing with your injuries. Many car accidents leave victims in considerable pain, which makes it difficult for them to think clearly about obtaining compensation. In fact, filing an insurance claim might be the last thing on their minds.
Nevertheless, New York sets certain time limits you must meet if you hope to receive compensation after a New York car accident. Read on for more information.
Promptly Report an Accident to Your Insurer
No-fault - According to the Department of Financial Services Regulation 68, an injured motorist should provide written notice of the accident as soon as possible—but no later than 30 days after the crash in order to apply for No-Fault Benefits. The notice should contain information about the time, place, and the surrounding circumstances of the crash. If you miss the 30-day deadline, you can get an extension but only if you provide solid proof of why you were late. For example, someone in a coma or in and out of surgery might not even be aware of what day it is. However, your best bet is to report the accident as soon as possible. Liability - Insurance companies require “prompt” notification of an accident, usually within 24 hours, unless there is an excuse or reason for delayed notification. If you fail to promptly notify your insurance company, you should immediately do so, or call an attorney to help you decide the best course of action.
Submit Supporting No-fault Documents within 45 or 90 Days
Your no-fault insurer will need certain documents to help process your no-fault claim. You should submit the following documents in a timely manner:
- Health care bills within 45 days
- Lost wage claims within 90 days
If you wait too long, you will compromise your ability to receive compensation.
File a Lawsuit within 3 Years
If your injuries are sufficiently serious, you might consider filing a lawsuit against the driver who is at fault for the accident. These lawsuits have their own deadline set out in the state’s statute of limitations.
In particular, injured motorists usually have three years to file a lawsuit for any personal injuries or property damage as a result of the collision. This statute is found in New York Civil Practice Rules and Regulations 214.
However, if a loved one died in the accident, then you have only two years from the date of the death to file a wrongful death lawsuit. If you miss the deadline, then a judge will dismiss your lawsuit, meaning you cannot hold the driver accountable for the injuries they caused. Further, if you are involved in an accident with a vehicle owned by a municipal or government agency or operated by an employee of a municipal or government agency, you have a much shorter time to act, and your failure to take the required steps and notifications could also prevent a lawsuit or claim.
If you hope to settle your case, the fact is your real leverage is your ability to bring a lawsuit if they do not offer adequate money. For this reason, you absolutely must protect your rights and file a lawsuit before the limitations period ends. But, remember that there are numerous other obligations to fulfill in order to maximize your recovery. Speak to a New York Car Accident Lawyer
If you have been injured in a New York car accident, time is of the essence. Many injured motorists benefit from hiring an experienced car accident lawyer who can relieve them of the stress of dealing with insurance adjusters and the court system.
Recent Changes to NY CPLR § 2305
The New York Civil Practice Law & Rules (NY CPLR) govern the many stages of civil litigation, including for personal injury lawsuits. One important part of litigation is obtaining records and documents that your attorney may examine to build a case and to use at trial. Such records may be obtained by issuing a subpoena, which requires the production of the documents.
Previously, New York courts had subpoena record rooms where documents would be delivered, and where attorneys would have to go during certain hours and pay to copy the needed records. As of August 2018, however, the legislature amended NY CPLR § 2305, which addresses subpoenas, to make the process easier for civil attorneys. The rule now allows attorneys to receive subpoenaed documents at their offices directly, rather than having to make a trip to court when the records room is open. That attorney then shares copies to opposing parties when necessary.
While the changes in NY CPLR § 2305 might not seem important to car accident and other personal injury victims, it makes the litigation process more streamlined and efficient for personal injury attorneys. This, in turn, saves costs for injured plaintiffs and gives your attorney more time to tend to the core issues of your case.
What is a Subpoena?
A subpoena is a formal request for evidence, which can involve the production of documents or the appearance of a witness to testify at a legal proceeding. A subpoena is a court order, which means there can be penalties if someone refuses or fails to comply with the order. The changes in the law refer specifically to a “subpoena duces tecum,” which is a request for documents or other physical evidence.
In personal injury cases, a subpoena duces tecum may be used to obtain many records, including:
- Insurance records
- Police records and reports
- Medical records
- Driving records
- Employment files
The specific documents your attorney may request will depend on the circumstances of your case. For example, in drunk driving cases, your lawyer will likely seek the police records of any chemical testing that may indicate the driver was over the legal limit. If you sustained injuries due to a dangerous hazard in a store, your attorney may want the records of when the premises were inspected and maintained. Subpoenas can be used in many different ways and can result in important evidence to support your personal injury claim.
Contact a Long Island Personal Injury Attorney to Discuss Your Situation
As an experienced New York personal injury attorney, David Kaufman strives to resolve cases for every client in the most efficient and stress-free manner possible. He understands the complex laws and court procedures in New York and stays apprised of any changes in the law that may benefit your claim. If you suffered any type of accidental injury and want to learn about your options, do not hesitate to contact the Law Office Of David Kaufman. Contact our office online to schedule a free consultation.
Who’s Responsible when a Self-Driving Car Crashes?
Self-driving cars – once seen as novelties of the future – are quickly becoming a reality all over the country. Within the next several years, many manufacturers, including BMW and Mercedes, plan to unveil vehicles which are fully automated and which can literally drive themselves.
With the advent of self-driving cars comes a whole new set of legal questions. These questions present themselves when self-driving vehicles collide with other motor vehicles, pedestrians, or bicyclists, and cause injuries to others. Although this is a relatively new and unsettled area of law, if you’ve been hurt by an autonomous or semi-autonomous vehicle, you may be able recover compensation for your injuries.
Attorney David M. Kaufman has been practicing law since 1989 and is committed to helping car accident victims obtain the compensation they deserve. To schedule a free consultation with Mr. Kaufman, contact us online or call our office today at 631-388-7172.
New Automobile Technology
With every year comes increasingly advanced features and technology on automobiles. These new features help keep drivers from switching lanes too abruptly, warn drivers of obstacles behind them as they reverse their vehicles, and quickly stop their vehicles if another vehicle makes an abrupt stop in front of them. These new car technologies utilize radar, mirrors, sensors, and cameras to help drivers avoid serious crashes. In the near future, these vehicles are expected to be fully automated, without any need for a human driver.
It is important to remember, however, that these new technologies have a downside – if they fail, they can actually cause the very accidents that they are designed to prevent.
Suing a Vehicle Manufacturer or Designer
As totally self-driving vehicles gradually become a reality in the coming years, it is important to consider who will be responsible in the event of a collision. Although most car accidents have traditionally centered on driver negligence (i.e. failing to abide by a reasonableness standard of care), accidents involving self-driving vehicles are more likely to focus on manufacturing and design defects in the self-driving system.
Manufacturing and design defects do not always require a negligence finding. In order for an accident victim to file a claim or lawsuit against a vehicle manufacturer, designer, or distributor, he or she need only show that the vehicle had an inherent defect which rendered it dangerous or unsafe.
However, accident victims may also be able to sue the manufacturer or designer for negligence in some cases. Specifically, the accident victim could allege that the vehicle – or the technology therein – was unreasonably or negligently manufactured or designed.
Call Us Today to Speak with a New York Personal Injury Attorney
If you have been injured in an accident involving a self-driving car or any other type of vehicle, you should speak to an attorney as soon as you can. With nearly 30 years of experience practicing law, New York personal injury lawyer David M. Kaufman has the skill and experience required to bring your case to a successful resolution. To schedule your free consultation with Mr. Kaufman, call our office today at 631-388-7172 or send us an email through our online contact form.
What Causes Scaffolding Collapses at Construction Sites?
Working on scaffolding can be dangerous, especially at construction sites. In fact, simply being around scaffolding can expose a person to a significant risk of injury. According to the Occupational Safety and Health Administration, approximately 4,405 employees suffered serious injuries or death while working on a construction site in the last year.
Scaffolding can be several stories above ground and is sometimes put together hastily. When builders do not take their time constructing scaffolding or use substandard material, a scaffold can pose a serious hazard, both to those working on the scaffolding and anyone who happens to be underneath it.
If you or a loved one has been injured in a scaffolding collapse accident, you should speak to a New York personal injury lawyer as soon as you can. At the Law Office Of David Kaufman, we will review your case for free and let you know whether you have a claim. To schedule a free case evaluation, call our office today or send us an email through our online contact form.
How Scaffolding Collapses Occur
Scaffolding collapses can occur in a variety of ways. Some of the most common causes include the following:
- Shoddy construction
- Overloaded platforms
- Loose fasteners holding scaffolding together
- Improper, old, or inadequate scaffolding materials
- Improperly anchoring scaffolding materials to the wall or failing to provide the necessary reinforcements
- Interference of surrounding construction equipment with the scaffolding supports and beams
OSHA Concerns Regarding Scaffolding
When it comes to scaffolding collapses and other construction site accidents, regulations imposed by the Occupational Safety and Health Administration (OSHA) become important. When construction companies and other employers violate OSHA regulations, they can be legally liable. OSHA imposes the following regulations with regard to scaffolding, the purpose of which are to prevent collapses:
- Job site scaffolding must be able to support at least four times the amount of the expected maximum load.
- The construction company must immediately repair any damaged scaffolding on the construction site, and scaffolding may not be used until all repairs are made.
- Scaffolding planks must always be tightly secured, and if not, must overlap by a minimum of 12 inches.
- Moveable objects, including concrete blocks, cannot be used to hold down scaffolding.
- Workers must be provided with an access ladder or some other means of safely accessing the scaffolding.
- Workers may not perform construction work on outdoor scaffolding during inclement weather.
Injuries in Scaffolding Collapse Cases
Since scaffolding can be very tall and place workers many feet off the ground, a collapse can seriously injure those working on the scaffolding – as well as those who happen to be underneath it. Common injuries in scaffolding collapse cases include traumatic brain injuries (TBI’s), crush injuries, paralysis and other spinal cord injuries, soft tissue injuries, and death.
Call a New York Personal Injury Lawyer Today to Discuss Your Case
If you or a loved one has suffered injuries in a scaffolding collapse accident, you should speak to an attorney as soon as you can. Attorney David M. Kaufman works with clients in Suffolk County, Nassau County, and Long Island, as well as throughout the rest of the New York area. To schedule a free case evaluation with Mr. Kaufman, call our office today or contact us online.
Minor Traffic Violations Can Cause Serious Pedestrian Accidents
When motor vehicle drivers are in a hurry and violate the rules of the road – especially around traffic intersections – the consequences can be tragic. When a car or truck collides with a pedestrian, serious injuries can occur, including serious broken bones, traumatic brain injuries, spinal cord injuries, and even injuries that result in death. These injuries happen because pedestrians are fully exposed to the world around them, and a collision can cause severe primary injuries as a result of the impact as well as secondary injuries when pedestrians are thrown to the ground or into other vehicles.
At the Law Office Of David Kaufman, we have worked on many pedestrian accident cases in and around New York, including the communities of Suffolk County, Nassau County, and Long Island. If you have sustained injuries in a pedestrian accident that was brought about by a negligent driver, please contact our office today to schedule a free consultation with an experienced New York personal injury lawyer.
Here are some of the more common traffic violations that often result in serious injuries to pedestrians:
Running a Red Light or a Stop Sign
Traffic lights and stop signs are often found at busy intersections – especially those with crosswalks. When motor vehicle operators carelessly run a stop sign or try to beat a red light, they can collide with pedestrians who may still be present in the crosswalk. If the motor vehicle was unlawfully in the intersection, the driver can be deemed responsible for the accident and the resulting injuries.
Even though many motor vehicles are equipped with back-up cameras and other high-tech devices, some drivers fail to use these devices and do not look behind them as they back up. When they fail to do this, they can collide with pedestrians who may be walking behind their vehicle. These types of pedestrian accidents are especially common in parking lots, parking garages, and other areas where motor vehicles must share the roadway with pedestrians.
Distracted driving occurs when motor vehicle operators divert their attention away from the roadway in front of them or behind them, often causing a serious collision with a pedestrian or another motor vehicle. Some common examples of distracted driving on roadways and in parking lots and parking garages include the following:
- Cell phone use while behind the wheel, including texting and making phone calls while driving
- Disciplining young children in the car – usually in the back seat
- Roughhousing, fighting, or engaging in horseplay with passengers in the vehicle
- Listening to loud music while driving
Call the Law Office Of David Kaufman Today to Schedule a Free Consultation with a New York Personal Injury Lawyer
If you have suffered injuries as a pedestrian because of a motor vehicle driver’s carelessness or negligence, you have legal rights and options available to you. At the Law Office Of David Kaufman, we understand that pedestrian accidents can result in serious injuries, damages, pain, suffering, and inconvenience – and we are here to help.
We serve clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation, call our office today at 631-388-7172 or send us an email through our online contact form.
What Damages can You Recover in a New York Motorcycle Accident Case?
The worst fact about many motorcycle accidents is that they are entirely preventable. When motor vehicle drivers operate their vehicles negligently and forcefully collide with a motorcycle, they can cause serious injuries and property damage. These accidents may also result in medical treatment, physical therapy, occupational therapy, and lost wages – all of which could have be completely avoided had the driver used reasonable care.
At the Law Office Of David Kaufman, we understand the frustration and pain that motorcycle accident victims experience and do everything we can to help them obtain justice. We will review your case at no cost to you and will only collect legal fees if we successfully recover compensation on your behalf. To schedule a free case evaluation with a New York personal injury lawyer, call our office today or contact us online.
Common Injuries Sustained in New York Motorcycle Accidents
New York motorcycle accidents often occur at high speeds and with great force. When a car or truck collides with a motorcycle, the collision can force the motorcycle driver and any passengers off the bike and onto the ground, often resulting in serious injuries in the process. These injuries can include spinal cord injuries, bone fractures, soft tissue contusions, muscular sprains and strains, traumatic brain injuries, and sometimes death.
Types of Monetary Damages Available
Motorcycle accidents can result in serious injuries that require medical attention and treatment. You may also miss time from work to attend medical appointments and otherwise recover from your injuries. Following a motorcycle accident, you may be able to pursue the following damages:
- Medical expenses – In addition to recovering compensation for your past medical expenses related to your accident, you may also be able to recover damages for anticipated medical costs (i.e. future damages) – such as for a future surgery or other medical procedures.
- Lost wages – Motorcycle accident victims can recover damages equivalent to all the time they missed from their job because of the accident. In serious cases, they may even be able to recover for future lost earning capacity. This is especially true if they have to change jobs – or entire careers – because of the injuries they suffered in an accident.
- Pain and suffering – Injuries sustained in motorcycle accidents – along with the resulting medical treatment and therapy – can be very painful. Accident victims are entitled to recover damages for all of the pain, suffering, mental anguish, and inconvenience associated with their motorcycle accident.
- Property damage – Accident victims may be able to recover monetary compensation for property damage sustained in the accident, including the costs of repair or replacement.
Call Us Today to Speak with a New York Personal Injury Lawyer about Your Motorcycle Accident Case
If you have suffered injuries in a motorcycle accident caused by a negligent driver, you should speak to a lawyer as soon as you can. We serve clients throughout New York, including in Suffolk County, Nassau County, and Long Island. To schedule your free case evaluation with a personal injury lawyer in New York, call our office today or contact us online.
Spinal Cord Injury FAQ
According to the Centers for Disease Control and Prevention (CDC), nearly 46% of all spinal cord injuries that occur across the country result from serious motor vehicle accidents. However, spinal cord injuries can follow other accidents as well, including workplace accidents and slip and falls.
If you or a loved one has suffered a spinal cord injury, you need experienced legal counsel on your side. At the Law Office Of David Kaufman, we are committed to helping spinal cord injury victims obtain the compensation to which they are entitled under the law. We work with clients through the state of New York, including Suffolk County, Nassau County, and Long Island. To schedule a free case evaluation with a personal injury lawyer in New York, call us today at (631)-388-7172.
What is a Spinal Cord Injury?
When a spinal cord injury occurs and the spinal cord is severely damaged – usually because of a direct impact to the neck or back in a serious accident, the damage to the cord can disrupt the brain’s ability to communicate with the rest of the body, potentially resulting in paralysis below the site of the injury. Types of paralysis include:
What Causes Spinal cord Injuries?
Spinal cord injuries can occur in a number of ways. Some of the most common causes of these injuries include motorcycle accidents, car and truck accidents, slip-and-falls, and boating accidents. What is most important for victims, from a legal perspective, is when they are caused by someone else’s negligence, they can typically recover compensation for their injuries.
How much is my Case Worth?
Some spinal cord injuries are treatable, while others are not. Spinal cord injuries can require a great deal of medical treatment, including surgeries and other complicated medical procedures. In cases where a victim is left paralyzed with little hope of recovery, any award or settlement they receive or accept should reflect a lifetime of economic and noneconomic losses. Spinal cord injury victims are sometimes able to recover compensation for the cost of medical bills, future medical procedures, ongoing care, mobility devices, lost wages, loss of earning capacity, pain and suffering, and rehabilitation costs. While each case is different, some spinal cord injury cases result in large settlements or awards.
Do You Need a Lawyer?
Although some accident cases – including those involving spinal cord injuries – ultimately settle, you need experienced legal representation. The losses associated with spinal cord injuries can be difficult to prove, and a lawyer can help you satisfy the legal elements of your case and pursue all of the damages to which you may be entitled.
Call Us Today to Schedule a Free Consultation with a New York Personal Injury Lawyer
New York personal injury attorney David M. Kaufman has been practicing law since 1989 and is committed to getting each client the compensation they deserve. Our office serves clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation with Mr. Kaufman, call our office today at (631)-388-7172 or contact us online.
Back to School Safety Tips
As summer comes to a close, cool breezes will soon begin to blow and children will head back to school. With a new school year comes new classes, new teachers, new friends – and often new risks of injury. When back-to-school time comes, there are certain precautions that children of all ages can take to avoid accidents on their way to and from school.
No matter how careful students are, however, accidents can still happen and serious injuries often occur as a result of another person’s carelessness. When this happens to your child, you need a skilled attorney by your side.
At the Law Office Of David Kaufman, we are committed to helping children and their families obtain the compensation they deserve under the law and will review the facts of your case at no cost to you. To schedule your free consultation with a New York personal injury lawyer, call our office today or contact us online.
Students Walking to and from School
When students walk to and from school, they are often at the mercy of motor vehicle drivers on nearby or adjacent roadways. This is especially true as they cross intersections at crosswalks. By keeping the following tips in mind, student walkers can help to lessen the chances of an accident on their way to or from school:
- Always walk on the sidewalk and only walk on the street (facing traffic) if no sidewalk is available.
- Always stop and look in both directions before crossing any street or intersection.
- Do not text or make calls on a cell phone while walking and refrain from using headphones while walking.
- Do not run out in front of a car – even if it appears to be parked.
- Do not cross the street between vehicles
- Always cross a street at an intersection
Students Who Ride Bikes to School
Motor vehicle drivers oftentimes do not give bike riders the care and caution they deserve. However, by taking the following actions, student bike riders can reduce the likelihood of an accident on their way to or from school:
- Always wear a tight-fitting bicycle helmet while riding.
- Always operate bicycles in a bike lane if one is available.
- Watch for open car doors and similar hazards on the roadway and in parking lots.
- Always use the proper hand signals when making turns and when slowing down or stopping.
- Wear brightly colored clothes.
Tips for Drivers
Motor vehicle operators can help to reduce the chances of an accident by yielding to pedestrians in crosswalks (especially in marked school zones), and refraining from passing a stopped bus that is loading or unloading schoolchildren. Motor vehicle drivers should also never pass a motor vehicle which has stopped for pedestrians.
Call a New York Personal Injury Attorney Today to schedule a Free Consultation
No matter how careful you are, you can never account fully for the negligence of other. If your child is injured on the way to or from school, the legal team at the Law Office Of David Kaufman may be able to assist. To schedule a free consultation and case evaluation with a Suffolk County, Nassau County, and Long Island, New York personal injury lawyer, please call us today, or contact us online.
How “Operation Safe Stop” is attempting to Increase School Bus Safety in Long Island
You see them every day, yellow school buses all over Long Island. We entrust our children and their safety to not only the school bus driver but also assume that others will stop when they see a school bus with flashing lights. According to the American School Bus Council, 25 million children every day ride more than 480,000 school buses. These buses collectively travel more than 5.7 billion miles a year. Unfortunately, even though there are laws to protect the safety of children on school buses, Long Island drivers still break the laws every day. This puts our children at risk.
The Purpose of Operation Safe Stop
Operation Safe Stop is a collaborative program that attempts to bring education and enforcement to the forefront to enhance school bus safety. The program brings together the support of these offices/agencies:
- New York State Education Department
- New York State Governor’s Traffic Safety Committee
- New York State School Bus Contractors Association
- New York Association for Pupil Transportation
- Many different state, county, city and local law enforcement departments
- Representatives from student transportation
In April, law enforcement officers across the state participated in the "Safe Stop" program. This was an initiative designed to ensure and enforce school bus safety laws. On the same enforcement day in 2017, more than 1,000 tickets were issued. School bus safety needs to happen every day, but this brings heightened awareness and serves as a critical reminder.
New York School Bus Stop Laws
It seems simple enough. If a school bus is flashing lights, stop. Sadly, every day many people ignore this and other laws that are aimed at protecting school children on buses. Here is a recap of some of the New York state laws about school buses:
- Stop for a school bus that is flashing lights no matter what, even on divided highways. Under New York law, if you see flashing lights, you must stop for the school bus. This is true even if you are on the other side of a divided road from the school bus. Further, even if the children have exited the bus and appear to be in the clear, as long as the red flashing lights remain on, you cannot proceed.
- Remain 20 feet away. You must stop your vehicle at least 20 feet from the bus. This is true whether you are in front of or behind the bus.
- A bus driver can wave you past. A bus driver has the authority to wave you past the bus. Make sure that you have an affirmative approval from the bus driver before passing. If unsure, do not proceed.
Call Today to Speak with a Long Island Car Accident Attorney
Operation Safe Stop is meant to educate the public about stopping for school buses and to help increase the odds of our Long Island children's safety. If your child is a victim of a school bus accident, you need help. Contact Law Office Of David Kaufman through our online contact form. You can also call us at 631-388-7172 to schedule a free consultation.
The Dangers of a Long Island Watercraft Injury
Long Island is a great place for fun in the sun and on the water. When you head out to enjoy the day on the water, incurring an injury is probably not something that you think about at all. Unfortunately, water-based activities sometimes result in serious injuries and have the potential to result in significant complications. If you have been injured in a watercraft accident that was caused by someone else's negligence, you need to speak to a personal injury lawyer in Long Island as soon as you can. To schedule a free consultation with attorney David Kaufman, call our office today.
A Recent Study
A recent study in the Journal of Orthopaedic Trauma reviewed orthopedic injuries related to watercraft accidents and analyzed the complications that arise from these injuries (in a level I trauma center). The resulting statistics are significant:
- Of the injuries studied, 60 percent were closed fractures and 40 percent were open fractures.
- Of the injuries studied, 67 percent were injuries of the lower extremities, 23 percent were of the upper extremities, and 10 percent were pelvic injuries.
- The overall rate of postoperative infections was nine percent, but the rate of open fractures was 17 percent.
- Overall, open fractures were also associated with higher nonunion and amputation rates.
Watercraft Injuries Can Be Extremely Serious
This study outlines just how devastating injuries from watercraft accidents can be. Due to the nature of these injuries, full recovery to a pre-injury status can be exceedingly difficult. When the injury is an open fracture, it can be more difficult still. Overall, open fractures from watercraft injuries are hard to manage and have a much higher incidence of postoperative infection, nonunion of the bone, and amputation. These kinds of complications have the potential for lifelong damages, so it is critical for victims to seek experienced legal counsel as soon as possible.
Your Watercraft Injury Claim
If you have a watercraft injury claim, it’s important to ensure that the full scope of your damages is well documented. Common damages in a claim arising from a watercraft accident include the following:
- Emergency transportation from the accident scene and emergency treatment
- Medical care
- Physical and emotional pain and suffering
- Lost income
- Lost quality of life
As a victim, it is important to understand that the insurance company is NOT on your side and will do everything it can to minimize the amount it pays out. For this reason, it’s critical that you hire an attorney after you’ve been hurt in any type of accident.
If You’ve Been Injured in a Watercraft Accident, Consult with a Long Island Personal Injury Attorney Today
If someone else’s negligence has left you injured in a watercraft accident, Law Office Of David Kaufman in Long Island, New York, is here to help. These claims are complicated, and the injuries incurred are often extremely serious. David has the experience, knowledge, and compassion to aggressively advocate for the compensation to which you’re entitled. Your initial consultation is free, and David will work with you to ensure that you are well informed throughout the process.
Was Your Child Injured on a Long Island Playground?
For most kids, playgrounds are a fun place to pass the time, play with friends, and get a little dirty. However, playgrounds can present a significant injury risk. In fact, playground injuries have the potential to leave children with injuries that could affect them for the rest of their lives, including traumatic brain injuries and spinal cord injuries. If your child has been injured on a playground, you should speak to a Long Island personal injury lawyer as soon as you can.
Playgrounds Accidents Are Surprisingly Common
According to the Center for Disease Control and Prevention (CDC), more than 200,000 children each year are treated for injuries related to playground incidents. Although many of these injuries are minor, severe injuries do occur. The causes of these injuries vary, but according to the Consumer Product Safety Commission (CPSC), 63% of injuries are caused due to equipment, and 17% are related to falls. Equipment can be faulty (either in assembly or design) or can be poorly maintained.
Most Common Severe Playground Injuries
Playgrounds are supposed to be fun. However, the inherent activity of play on a Long Island playground itself can add to the severity of injuries. Children run, jump, climb, and dangle. This behavior increases the odds of sustaining injury. Injuries are most common on teeter-totters, climbing apparatuses, and swings. The CDC categorizes the most severe injuries as fractures, internal injuries, bone dislocations, concussions, and even limb amputations. These categories account for 45% of all playground injuries.
- Fractures/bone dislocations: Many children will suffer a bone break in their childhood. Playground equipment offers plenty of situations in which a broken bone can occur.
- Internal injuries: Internal injuries can mean a host of things, but most common is internal bleeding or damage to organs. If your child falls, it is important to get them checked for internal injuries. Often, these injuries do not present immediate symptoms, and if left untreated can be deadly.
- Concussion: A concussion occurs when there is force or trauma to the head. They can occur on Long Island playgrounds when a child falls from an elevated surface. The symptoms can be mild and last several days. More severe cases may require hospitalization and even result in long-term or permanent damage.
- Amputation: Playgrounds often have equipment that has mechanical parts. The parts move and have gaps. Small children's arm and legs can get caught in these spaces. Sometimes, such an accident can result in such severe limb damage that it needs to be amputated.
Negligence in a Playground Accident
Sometimes a playground injury is more than an accident. Here are some situations in which another might be responsible for your child’s injury:
- Defective Equipment: Companies design and sell playground equipment. Just like any product, playground equipment can have a manufacturer defect. These might not be immediately apparent. Product defects can result in a lawsuit.<
- Equipment that is Improperly Installed: Someone is responsible for installing playground equipment. This includes the type of material on which it sits (e.g., rubber, mulch, concrete). It is possible that an injury can be caused by improper equipment installation.
- Equipment that is Not Maintained: The owner of playground equipment is responsible for properly maintaining it. Over time equipment can break or deteriorate. Both time and weather can take a toll on playground equipment. No matter if it is the school, community, or private property (e.g., a homeowner association park) - if the owner fails to properly maintain the playground equipment they may be liable for your child's injuries.
Call Us Today to Speak with a Long Island Personal Injury Attorney
Playground accidents are sometimes more than just an accident. It is possible that your child was injured due to another’s negligence. Call the Law Office Of David Kaufman for a free and thorough consultation.
Pool Safety Should Be Reviewed Every Summer
Summer is here. Now, every pool in the area is filled with laughter and the sounds of summer fun. Unfortunately, as fun as swimming can be, it also exposes everyone involved to a risk of serious injury. For this reason, you should review pool safety with your family every summer. By doing so, you can save someone's life, including your own,
Swimming Pool Death and Injuries
According to the Center for Diseases Control and Prevention, from 2005-2014, there was an average of 3,536 fatal unintentional cases of drowning. This equals about ten deaths per day. Approximately 20% of drowning fatalities were children 14 and younger.
Drowning victims who survive can face long-term and even permanent disabilities. The CDC's statistics show that more than 500 of all drowning victims require admittance to the hospital or additional follow up care. Permanent injuries often result from the lack of oxygen and can lead to memory loss, learning disabilities, and in extreme cases all loss of basic functions.
If you or someone you know has been the victim of a drowning accident, they should consult with a Long Island personal injury lawyer to learn more potential compensation available for the damages that were sustained.
Complying with Pool Laws
New York has specific laws that outline what is required if you own a swimming pool. These laws cover requirements regarding barriers, pool warning alarms, suction and circulation systems, and other safety features. If you have a pool or frequent a Long Island pool (whether Suffolk County public pool or private pool) you will want to make sure the pool is up to code.
Pool Safety Checklist for the Premises
All swimming pools can present hazards, regardless if in a public or private setting. Below is a checklist of important things to consider around pools.
- Maintain (and check regularly) enclosures around swimming pools. Access should be restricted from young children.
- Teach your children to swim and basic pool safety.
- Make sure children are under adult supervision while in and around the pool.
- Establish pool rules. For example, no running, no diving in shallow water, stay away from drains, etc.
- Enforce the rules.
- Check all pool equipment each season and make sure it complies with laws. In particular, watch for all drains and drain covers.
- Have an emergency plan. Practice the plan.
- Take a CPR and first aid course.
Educate Your Family About Pool Safety
Swimming and pools are fun for all, but water can present many dangers. Review the following tips with your family each year.
- Teach children basic water safety.
- Be strict about young children and certified life jacket use.
- Have a safety plan for emergencies (meeting place, when to call 911, etc.) and practice these.
- Teach children how to properly use pool toys.
- Teach children that they should never swim alone. Always use the buddy system.
- Discuss the effects of alcohol and drugs on swimming with teenagers
- Teach the family how to use rescue equipment.
Call Us Today for a Free Consultation with a Long Island Personal Injury Attorney
Pool safety is important. It can save lives. In the event your loved one is injured or dies in a pool incident you need experienced legal representation. Reach out to the Law Office Of David Kaufman via our online contact form or call us today at 631-388-7172 for a free consultation.
>Traumatic Brain Injuries: FAQ’s for Victims in Nassau and Suffolk County
A traumatic brain injury, which is often referred to as a "TBI," is often a serious injury. TBIs can be caused by falls, car accidents, getting hit while playing contact sports, and just about any other way that head trauma can occur. If you or someone you know has been a victim of a traumatic brain injury in Nassau or Suffolk County, they need legal representation. Call us today to speak to a Long Island personal injury attorney.
What is a Traumatic Brain Injury?
According to the Mayo Clinic, a TBI can occur when some external force causes trauma to the brain. The trauma leads to brain dysfunction and can result in torn tissue, bruising, bleeding, and other physical damage. Often these complications can lead to permanent damage or even death. If you suspect you've suffered a TBI seek medical help immediately.
What are symptoms of TBI?
TBI symptoms can vary from individual to individual and may not be immediately present. Some possible TBI symptoms include:
- Personality changes (e.g., suddenly combative)
- Increased anxiety
- Consciousness altered
- Memory processing problems
- Trouble focusing or concentrating
- Loss of motor control or balance
- Sleeping problems
- Failure to concentrate
- Weakness in arms and legs
How does TBI affect a person’s brain?
The brain is the central hub for your body. It is responsible for body functions, communication, thoughts, and emotion. If an injury occurs to your brain any or all of these functions can be disrupted, either in part or as a whole. The severity of the symptoms and long-term outcomes depends on how extensive the TBI is and the location of the injury.
What treatments are available for a TBI?
The severity of the TBI injury will dictate the type and duration of care needed. Mild TBI injuries may be treated with rest and mild pain relief medication. Continued monitoring for a period of time is also critical follow-up care. With a TBI, symptoms can change quickly and often with little warning. Physical and mental activities might be limited for a period of time. In mild cases of TBI, most people return to normal activities in time.
How common is TBI?
According to the Centers for Disease Control and Prevention (CDC), more than 1.5 million people suffer from a TBI. Of these, over 50,000 people die, and 85,000 will have lifelong complications and disabilities.
What are the causes of a TBI?
Almost any activity can cause a TBI, for example, a slip and fall on the ice or a bad check in a hockey game. According to the CDC, some of the more common of causes of TBI include:
- Falls (35%)
- Car accidents (17%)
- Being struck by something (16%)
- Physical assault (10%)
Do I need legal help?
Victims of TBI face many challenges. The effects can be long-lasting, even permanent. This can alter many lives- those of the person with a TBI injury and their family. An attorney can be critical in the early stages of a TBI. The role of a TBI attorney is not just legal representation but is to advocate for your best interests through the various stages of recovery.
Contact a Nassau County Attorney about Your TBI Injury Case Today
Don't go down your TBI injury path alone. An experienced TBI injury case attorney can be your best advocate. Contact the Law Office Of David Kaufman via our online contact form or call us today at 631-388-7172 for a thorough and free consultation.
Four Surprisingly Serious Injuries Associated with Slip and Fall Accidents
Most of us don’t give a lot of thought to slip and fall accidents. After all, most of the time, you slip, and you fall, and then you get back up and keep going. The worst part usually is likely the embarrassment your experience. Slip and fall accidents can, however, lead to severe injuries that are often accompanied by significant physical, financial, and emotional consequences.
If someone else’s negligence has caused you to be injured in a slip and fall accident, seek experienced legal counsel. To schedule a free consultation with a Long Island personal injury attorney, call David Kaufman today at 631-388-7172 or contact us online.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are usually caused by a blunt force or blow to the head, and the effects of such an injury – because it affects the brain – are incredibly unpredictable. The Mayo Clinic reports that one of the leading causes of TBIs is slip and fall accidents. TBIs often lead to a complicated and protracted recovery process that can significantly alter the course of the victim’s life. In fact, the effects often include pronounced physical, behavioral, sensory, cognitive, and psychological issues that leave some sufferers with an “altered sense of self.”
Spinal Cord Injuries
The Mayo Clinic describes spinal cord injuries as any damage to the spinal cord or the nerves at its end. Even a minor spinal cord injury can lead to extreme pain and significant debilitation. Your body’s central nervous system is comprised of your brain and your spinal cord in tandem. Because your central nervous system controls your physical sensations and coordinated bodily movement, any injury to the spinal cord can lead to paralysis – partial or complete. The physical, financial, and emotional consequences of a spinal cord injury cannot be underestimated.
Serious Slip and Fall Injuries
There are four surprisingly serious injuries that are closely associated with slip and fall accidents:
Broken bones are common to slip and fall accidents, and they are excruciating injuries that are sometimes slow to heal and can lead to severe complications. When a broken bone doesn’t heal properly, it can cause significant physical setbacks that can turn into a permanent disability.
Fracturing or breaking a hip is very common to slip and fall accidents – especially for older adults. A broken hip is an extremely painful injury that typically requires surgery (sometimes necessitating a full or partial replacement) and physical therapy. A fractured hip can lead to overarching physical complications that include limited mobility.
If You’ve Been Injured in a Slip and Fall Accident, Consult with an Experienced Suffolk County Slip and Fall Attorney Today.
If you've been injured in a slip and fall accident that was caused by someone else's negligence, you need skilled legal guidance. The Law Office Of David Kaufman in Suffolk or Nassau County, New York, is here to help. David has the dedication, experience, and compassion to help effectively and efficiently guide your claim toward just compensation. Your initial consultation is free, so please contact or call David at 631-388-7172 today.
How To Hire A Lawyer
The Four (4) Questions
Before hiring a lawyer for a new injury or accident case, you should ask that lawyer some important questions, such as;
1. How many years have you been handling these types of cases?
2. What are the greatest challenges in my case?
3. What is the general timeline I can expect in the processing of my case?
4. Who will do the actual work on my case?
Having worked at one of the largest injury law firms in NY State at the beginning of my career, I have a unique perspective on this practice of law and particularly trying to recover money damages (pain & suffering) for people tragically injured due to the careless choices of other people. Honestly, this area of law is all about responsibility for our actions as a society. Ok, enough soapbox talk.
The Four Questions are not an exhaustive list of questions for you to ask a lawyer you are meeting when you are choosing a lawyer to handle your injury case. These are some of the best questions that potential clients have asked me, over my almost 30 years of doing these cases.
Q 1. - How many years have you been handling these types of cases?
This first question on the list, “how many years..?” is important because what I thought I knew 20 years ago, and what I know now, are very different. You want a lawyer with decades of actual experience handling your case. You want a lawyer who knows both the legal and factual setting, so that right from the beginning you have the best chance of maximizing your recovery. And this is not to say that you need a “specialist” in only that area. But you want someone with actual hands-on experience with that type of case, because each area of injury cases, has its own set of challenges, and you do not want your lawyer learning on your case.
I have been honing my trial skills since I graduated law school in 1988; almost 30 years. I started my career at the District Attorney and began trying cases immediately. After leaving the District Attorney, I started as a Trial Attorney for one of the largest injury firms in NY State, where I was assigned to the courthouse to try case after case, as they appeared in the trial assignment courtroom.
Q 2. - What are the greatest challenges in my case?
At your first meeting with your new potential lawyer, that lawyer should have a fairly good idea of what the greatest issues and challenges in the case probably will be. This is not a promise that other issues will not arise (they always do!), but a seasoned and experienced lawyer will know right away what some of the big obstacles will be. For instance, dog bite cases present unique issues regarding the conduct of the actual dog (and it’s owners) prior to the injury-causing bite itself, called “prior vicious propensity” or PVP. Your potential lawyer should discuss this PVP issue with you at length at the very first meeting. This is a large issue in almost all dog bite cases, so it must be dealt with head on, immediately, and discussed at length.
Most cases have issues, and cases can have multiple different issues. What you do not want is for that issue to be your lawyer. They say in carpentry to “measure twice, cut once.” The same logic applies here; basically take a little extra time with the lawyer, and ask questions, and really listen to the answers. Try to determine if that lawyer is competent, and someone you can trust and with whom you can connect. This is important, so really try to get it right the first time.
Q 3. - What is the general time line I can expect in the processing of my case?
Your potential new lawyer should have a good grasp of the general time frames, filing dates, and Statutes of Limitation (SOL) that apply to your particular case. Every case has a particular Statute of Limitation (SOL) which is the date beyond which you lose your right to sue. So in a garden variety automobile accident collision you have three (3) years in which to bring a lawsuit against the wrongdoer. After the 3 years, you can never again start a case. But, there are often multiple claims within a case, and some must be brought before the 3 years. Further, in automobile cases, there are multiple dates for filing and serving insurance documents in a much shorter time frame. Failure to file some of these documents will result in a loss of a valuable claim or rights, and will result in a lost opportunity to collect money for injuries.
Not only must your potential lawyer be experienced and knowledgeable about the various time frames, but be able to explain them to you so that you are fully aware of them. You can help your lawyer, and your case, by promptly cooperating with requests, providing needed information and returning documents. Only if you know about what is going on with the case, will you be able to fully participate in the process.
My firm is founded on the premise that regular contact with the client is a key element of a successful case. At our first meeting, every client is instructed that all calls will be returned by the end of business the next work day, and if it is not returned to please call again, because something happened! And clients are advised that there are no “stupid questions” and to “ask everything.”
Q 4. - Who will do the actual work on my case?
Having spent some time as a trial attorney at one of the largest plaintiff injury firms in NY State, I know that “who” is very important to the successful completion of your case. Some firms rely on secretaries or paralegals for much of the legal work. I know the value of an excellent staff, because I have such a staff. But, I also know that there are certain matters best left for the lawyer.
At the beginning of my career, at the “big firm,” I was a part of a process in a big machine, where there was a different lawyer for each piece of the case. So one lawyer would do the pleadings, laying out the initial claims in the legal documents; sometimes without ever even meeting the client. Then, another lawyer would do depositions (a sworn statement under questioning by a seasoned insurance lawyer). Many times the depositions were held after only meeting the client that very morning. Further, after all was done and the case was ready for trial, I would step in and go to trial. Unfortunately, sometimes at the end stage (trial) it was impossible to undo what had been done. And whether it was inexperience or lack of focus, it hurt.
In my firm, I handle all my own cases, and when you call my firm, you will only speak to me, and no other lawyers. I negotiate my own cases with the insurance companies. And the insurance defense lawyers know they will see me in court and at trial. They know that I have done all the preparation work and have not outsourced it to staff, or outside overseas companies. They know I have personally read and reviewed each and every document in the file. They know I will be the lawyer standing toe to toe with them in front of the jury.
The Four (4) Questions detailed here are not meant as an exhaustive list by any means, but only a starting point for you to engage with a new lawyer who you might choose to represent you. These questions are the beginning, and not the end, of an ongoing discussion.
Hopefully, this information is helpful in some way. If you need any other help, or want any other information about accident cases, injury matters, or any other matter, please feel free to call my office at 631-388-7172, or email me at David@NYLILawyer.com.
It has been my honor to serve our community for almost 30 years. I handle cases throughout the state, and I am frequently hired by other lawyers to represent their clients in injury matters.
My discussion and legal consultations are completely free and without any obligations. Remember that no legal problem is small when it is your own.
Very truly yours,
David M. Kaufman, Esq.
How a Long Island Car Accident Lawyer Can Help Maximize Your Settlement Offer
The aftermath of an injury-causing accident can be an extraordinarily stressful time. Between doctor’s visits, repair bills, and time away from work, you may even be tempted to simply allow the insurance company to take the lead in determining how much compensation you will get. While this may seem like the path of least resistance, it can result in you accepting a settlement far below the actual value of your claim. For this reason, if you’ve been hurt in a wreck, you should call a Long Island car accident attorney as soon you can. When you’re represented by an attorney, he or she will take the time to fully evaluate both your economic and non-economic losses – and make sure the insurance company treats you fairly. If it doesn’t, your lawyer may file a lawsuit on your behalf to make sure you get the compensation you deserve.The Insurance Company Cares More About its Bottom Line than Your Recovery
While every accident is unique to its own circumstances, it’s important to recognize that all insurance companies are for profit organizations that are in the business of making money. This means that their incentive is to minimize settlements by whatever means they can. Insurance companies are well versed in tactics that help to keep their payouts low, and this leaves you at a disadvantage.
An experienced accident attorney will know how to negotiate with the insurance company to help ensure that you receive a just settlement. If you’ve already been offered a settlement, do not accept it before first consulting with a New York accident lawyer who will determine the approximate value of your case, as once you accept an offer, it is nearly impossible to obtain additional compensation.
Your Total Damages Accidents are so upsetting and unexpected that they tend to leave victims in a state of shock. If you’ve been injured, it’s that much worse. It’s important, however, to ensure that the total damages you’ve suffered are accounted for in your claim. Some examples of damages that are often sought in claims arising from motor vehicle accidents include:
- Medical expenses, including emergency transportation and care, doctor and specialist care, aftercare, therapy, prescription medicines, and adaptive physical devices
- Property damage
- Lost wages due to lost hours at work
- Lost earning potential
- Physical and emotional pain and suffering
Your compensation for the damages you’ve suffered in an accident will likely hinge on negotiations with the insurance company, and this isn’t a task you should tackle on your own. A New York car accident lawyer will skillfully take care of these negotiations on your behalf. Insurance companies are adept at tripping up unsuspecting claimants, but an experienced accident attorney understands how best to both avoid such pitfalls and to champion your rights in the settlement process.
And of course, if you do not want to accept the insurance company offer, or if there is NO offer, you need an attorney who can take your case to trial! David M. Kaufman has been trying accident cases for almost 30 years. (How about this?)If You’ve Been Injured, Consult with an Auto Accident Lawyer in Long Island Today
If another driver’s negligence has left you injured, you need experienced legal counsel. New York attorney David M. Kaufman has the experience, skill, and dedication to fight for your claim’s best possible outcome. Your initial consultation is free, and David will ensure that all your questions and concerns are addressed.
Memorial Day Can Increase Your Risk of Being Hit by a Drunk Driver
Memorial Day – the unofficial kickoff to summer – is right around the corner. With this holiday comes a long weekend, backyard barbeques, time with family and friends, and plenty of outdoor fun. The Memorial Day weekend allows us an opportunity to take a break and recharge, and imbibing in alcoholic beverages is often part of the festivities. That’s all well and good until someone who has overindulged gets behind the wheel. Memorial Day weekend sees its fair share of impaired drivers, and impaired drivers are dangerous drivers. If you’re injured by a drunk driver, it’s imperative that you speak with a Long Island car accident lawyer as soon as you can to protect your legal right to recover compensation.
Memorial Day is a long weekend in which families and friends get together to enjoy each other’s company, and as such, there’s more traffic on our roads. AAA reports that more motorists take to the roads for holidays like Memorial Day every year and that the number of motorists is expected to continue to rise. Further, a vibrant economy also tends to support increased travel. As the number of vehicles on our highways and byways increases so too does the number of drunk drivers. Holiday travelers beware.
Memorial Day Travel Statistics
Statistics gathered by the National Traffic Highway and Safety Administration and shared with CBS News that detail exactly how dangerous Memorial Day travel can be:
- Drivers and vehicle occupants are four times more likely to become traffic fatalities over Memorial Day weekend than they are during any other non-holiday weekend.
- In the years from 2011 through 2015, Memorial Day weekend experienced an average of 312 traffic fatalities a year – a higher average than any other holiday.
Further statistics confirm the role that drunk driving plays in these fatalities:
- Deaths caused by drunk drivers spike during the holidays, including Memorial Day weekend.
- The Insurance Information Institute finds that alcohol was involved in 40 percent of Memorial Day traffic fatalities that occurred between 2011 and 2015.
- The Centers for Disease Control and Prevention (CDC) relays that nearly a third of the traffic deaths in 2015 involved alcohol.
These statistics are nothing if not sobering. Because travel during Memorial Day weekend is more dangerous, it’s critical that you make driving safely your top priority this holiday. Getting behind the wheel of a vehicle means shouldering an immense responsibility. When impaired drivers take to the road, they eschew that responsibility and endanger everyone with whom they share the roadway.
If an Impaired Driver Leaves You Injured this Memorial Day, Consult with a New York Car Accident Lawyer Today
Drunk drivers are dangerous drivers. If an impaired driver has left you injured, you know exactly how difficult that is, and you need an experienced New York car accident attorney to advocate for your rights. At The Law Office Of David Kaufman in Central Islip, NY, David has the skill, knowledge, and commitment to aggressively fight for your claim's most positive resolution. Your initial consultation is always free, and David will ensure that you understand the process and the specifics of your car accident claim. Please contact or call our office for skilled legal guidance today.
David is a wonderful lawyer! I had a great experience working with him. I Will definitely recommend him to any one.
Mr. Kaufman is the best lawyer you could ask for. Professional, thorough, kind, compassionate, and very dedicated. I highly recommend hiring his firm and having him in your corner fighting for you.
Always Excellent Professional Legal Support
I find David to be the most professional always willing to go the extra step for his clients choosing his law firm is always the best decision you can make and I highly recommend his firm
Very professional and honest lawyer
David is a wonderful lawyer! I had a great experience with him. I Will definitely recommend him to any one.
Very honest and dedicated attorney!!!
David is AMAZING!!! He helped my family so much after my husband was hurt in a horrible car accident that prevented him from working for a while. He was very kind and knowledgeable and we are forever grateful for his services!!!!
Professional, thorough, dedicated
I hired David to handle my case and during the (FREE) initial consultation, I knew I made the best decision. He was diligent, responsive and patient answering all my questions. I have recommended him to anyone that has asked and will continue to do so. THANK YOU DAVID!
Pleased So far
Although the case Mr. Kaufman has been working on for me is still ongoing. I have been very satisfied with the service I have received thus far. I would highly recommend this law firm to everyone I know
I always felt safe and secure while in his care. I was always trated with respect and honesty. He always returned my calls and answered all of my questions.
2 thumbs up!
I hired David Kaufman to handle an accident case for me, and found him to be professional, diligent and completely responsive to all my questions. He got me money when other lawyers said it could not be done. While my case was not the biggest one in the world, he treated it as if it were, and I highly recommend him if you or a loved one are injured in an accident.
Customer service was top notch. Always available for questions and concerns regarding my legal matter. Couldn't Ask for better representation during my time of need.
Law Office Of David Kaufman
320 Carleton Ave Suite #4200
Central Islip, NY 11722
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