Edelman, Krasin & Jaye, PLLC

New York Metro Personal Injury And Criminal Defense Law Blog

The 3 steps to take after a motor vehicle accident

If you get into a serious car accident, as common as this is in New York City, odds are that it's your first one. If you've never been in this position before, it can be surprising, chaotic, painful and stressful. It's easy to feel overwhelmed by the whole thing.

At the same time, it's important to know exactly what steps you should take. Since you can't rely on experience, you need to make wise decisions under stress. It's a good idea to consider what you should do before there is ever a need. To help you, here are the three main steps:

Time limits on personal injury actions

On this blog, we often recommend that people who have been injured talk to a personal injury lawyer as soon as they can. This is because a claim can fail if the injured person files it after the statute of limitations has tolled.

The term makes it seem as though the statute of limitations is just one law, but in fact the term refers to provisions within many laws that establish time limits for legal action under the law. Fans of true-crime television or mystery novels may be somewhat familiar with the concept of statute of limitations in criminal law, but such deadlines exist in civil lawsuits as well. If a plaintiff files a claim against a defendant after the statute of limitations has tolled for the offense, the defendant can move the court to dismiss the case.

Lifeguard overcome by chlorine gas fumes while cleaning pool

We are accustomed to reading about serious accidents at construction sites and factories, but workers can face life-threatening injuries at all kinds of work sites. Recently in New York, a lifeguard was seriously injured by chemical fumes when he was cleaning an indoor swimming pool.

According to news reports, the man was preparing to clean a swimming pool in the basement of a luxury apartment building in New York's Upper East Side when he was overcome by chemical fumes. The chemicals included chlorine and hydrochloric acid, which can release chlorine gas when mixed. In large enough doses, chlorine gas can be deadly. It was used as a weapon during the First World War.

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.

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