Edelman, Krasin & Jaye, PLLC

New York Metro Personal Injury And Criminal Defense Law Blog

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.

Who Is Responsible If I Crash Due to Icy Road Conditions?

driving in snow, blizzardNews headlines throughout the country, including New York, have been blazing with news of record cold temperatures. In mid-winter, it’s not uncommon to feel cold blasts, of course, but this winter has been one for the history books.

A Pothole Damaged My Car. How Do I File a Claim?

A road damaged by rain,snow, or the freeze/thaw cycle that is in need of maintenance.Reckless, drunk, and distracted drivers cause thousands upon thousands of deaths and injuries every year, not to mention property damage. But there’s another hazard on the roadways: Potholes. Potholes can severely damage your vehicle, causing everything from punctured tires to engine damage. They can also damage your suspension system, exhaust system, steering system, wheel rims, shocks, and struts.

How Long Should I Stay Out of Work After a Car Accident?

On top of the pain and cost of medical bills, many injury victims face an indirect loss – the inability to work after the accident. In some cases this is very temporary, and in others it is long-term or permanent. While there are no hard and fast rules on how long you should stay out of work after a car accident, here are some considerations.

What To Do When Your Auto Insurer Totals Your Car

A wrecked car lays in wait after a vicious car accident. Rescue workers linger in the background.Close Up of a Broken Car WindshieldIf you are in an accident in New York state, insurance companies will reimburse you for repair, as long as the repair costs are under what the insurers deem the fair market value of the car. But if estimated repairs are close to or over the fair market value, insurance companies declare the car a total loss.

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