Edelman, Krasin & Jaye, PLLC

New York Metro Personal Injury And Criminal Defense Law Blog

State pedestrian accident rates remain high

Better urban planning, stronger enforcement and automobile safety features have helped reduce the numbers of deaths in car accidents over the decades, but New York has struggled to protect pedestrians, the most vulnerable people who use our streets.

According to the New York Department of Health, there are an average of 312 fatal auto-pedestrian accidents every year in our state. This number has remained fairly consistent for many years, although New York City has seen an alarming rise in pedestrian fatalities over the past decade.

Convictions on drug sale charges carry heavy penalties

New York's drug laws are some of the toughest and most complicated in the nation. The state has six degrees of felonies for drug possession alone, and the charges and penalties get much more serious for sale.

All types of sale of a controlled substance are felony offenses, meaning conviction will lead to more than a year in prison. Fifth-degree sale carries a penalty of 1 to 2.5 years in prison, while first-degree sale carries a minimum sentence of 8-20 years for non-major drug traffickers. Conviction on a second offense can bring a sentence minimum of 12-20 years. Defendants convicted as major traffickers face a sentence of 15 years to life.

Remember these 5 safety tips when you work with scaffolding

If you work in the construction industry in New York, you probably already know that your job is dangerous. In fact, the construction sector has one of the highest rates of workplace injuries. Between faulty power tools that can cause electrocution or falling cranes that can crush an unsuspecting bystander, there are hazards lurking around every corner of the job site.

In the construction industry, falling is the top cause of injuries suffered by workers which is why it is important to always follow safety protocols when working from heights. The next time you have to work with scaffolding, remember these safety tips.

Reach a better settlement

Many people are surprised to learn that most personal injury lawsuits don't go to trial. By some estimates, more than 90% of personal injury claims are settled out of court. Often, claims are settled before the injured party has even formally filed a lawsuit.

Compared to going to trial, resolving a claim through an out-of-court settlement is generally faster and less expensive. Perhaps most importantly, it gives the injured a greater degree of control over the outcome.

In some communities, basketball benefits people with Alzheimer's

As an athlete, you may take advantage of every opportunity to hit the basketball court with your friends. And if you are also interested in medical advances, you may appreciate knowing that members of your community raised roughly $20,000 for Alzheimer's research during the recent Alzheimer's Foundation of America (AFA) tournament.

Along with other businesses from the Long Island area, Edelman, Krasin & Jaye, PLLC sponsored the 3-on-3 basketball tournament. Held at Farmingdale State College, participants ranged in ages from grade school to over 40. And while perhaps not everyone involved knows someone diagnosed with Alzheimer's, chances are that without a cure, the disease will influence their lives in some way.

Workers' Compensation Board hearings and appeals

The New York workers' compensation system is designed to provide benefits for people who were injured at work, so that they can pay for medical expenses and cope with lost income while they are recovering. When all goes smoothly, an injured worker reports the injury to the employer, files a claim for workers' compensation, and the employer's insurance company begins paying the worker benefits in a timely fashion.

Unfortunately, the process often does not go smoothly, and the worker is left without the benefits, with benefits that are insufficient, or with late payment. When this happens, injured workers must fight for the benefits they deserve in hearings and appeals through the state Workers' Compensation Board.

New York lawmakers pass important criminal justice reforms

America’s criminal justice system operates on the principle that each defendant is innocent until proven guilty. From that perspective, prosecutors should not care about “winning” a case under any circumstances. They should care about doing justice.

Sadly, this isn’t always how things work. In fact, there have been many instances in which prosecutors withheld exculpatory evidence (meaning evidence favorable to the defendant) in an effort to convict individuals – even in cases where the evidence showed that the defendant was innocent.

Can I Sue for Injuries If I Wasn’t Wearing a Motorcycle Helmet?

Motorcycle couple holding helmets in hands on the roadIt’s a proven fact that helmets save lives and prevent serious head trauma that could cause permanent disabilities. Nearly every state in the U.S. has motorcycle helmet laws. New York is one of them. In New York, both motorcycle drivers and passengers are required to wear a helmet with eye protection that has met the federal motor vehicle safety standards. In short, there is no logical reason not to wear a helmet when you ride. From a legal standpoint, not wearing a helmet can make your situation more complex. It’s best to consult an experienced motorcycle accident lawyer to sort through the liability issues.

Who Pays in a Wrongful Death Suit?

Statue of justiceIf your loved one has died due to the reckless actions or negligence of another party, you do have recourse to recover damages for psychological and financial harm done to you. It may be possible to bring a suit for wrongful death, which is the term used by courts for a death caused by wrongful conduct or negligence.

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