If you’ve been injured in an accident in New York, the steps you take after the incident can make or break your personal injury claim. Between mounting medical bills, lost wages, and the stress of recovery, it’s easy to make mistakes that can harm your chances of receiving fair compensation.
At Gelbstein & Associates, our personal injury lawyers have seen how simple errors can cost accident victims thousands of dollars. To protect your case, here are the most common mistakes you should avoid:

1. Not Seeking Medical Attention Immediately

Even if you don’t feel badly hurt, you should always see a doctor after an accident. Some injuries don’t show symptoms right away. Delaying medical care gives insurance companies an excuse to argue that your injuries aren’t serious or weren’t caused by the accident.

2. Failing to Document the Accident Scene

Strong evidence is the foundation of a successful personal injury claim. If you’re able, take photos of the accident scene, your injuries, and any property damage. Gather witness names and contact information, and request a police report if one is available. The more documentation you have, the stronger your case will be.

3. Speaking to Insurance Adjusters Without Legal Help

Insurance companies are not on your side. Their goal is to pay as little as possible. Giving a recorded statement or signing paperwork without speaking to a New York personal injury attorney first can limit your ability to recover full compensation.

4. Posting on Social Media

It may be tempting to update friends and family online, but social media posts can be taken out of context and used against you. Even a simple photo of you out with friends could be used to argue that your injuries aren’t serious. It’s best to avoid posting until your case is resolved.

5. Waiting Too Long to Contact a New York Personal Injury Lawyer

Time is critical in personal injury cases. Evidence can disappear, witnesses may forget details, and deadlines (statutes of limitations) can expire. Contacting an attorney right away ensures your case is filed correctly and on time.

Protect Your Rights with an Experienced New York Personal Injury Lawyer

Avoiding these mistakes can make a huge difference in your case. At Gelbstein & Associates, we are dedicated to protecting the rights of accident victims across New York. We combine aggressive legal representation with compassionate client care, guiding you through every step of the process.

If you’ve been injured in a car accident, slip and fall, construction accident, or any other type of incident, don’t risk your future. Contact our New York personal injury attorneys today for a free consultation and let us fight for the compensation you deserve.

Being involved in a personal injury accident can be a traumatic experience, and the immediate steps you take after the incident can have a significant impact on your ability to pursue a successful personal injury claim. Whether it’s a car accident, a slip and fall, or any other type of accident, knowing what to do in the moments and days following the incident is crucial to protecting your health and legal rights.

At Gelbstein & Associates, we understand that accidents can be overwhelming, and we’re here to guide you through the process. In this blog, we’ll walk you through the essential steps to take right after a personal injury accident to ensure your safety, protect your rights, and set the foundation for a strong legal claim.

Seek Medical Attention

Your health and safety should always be your top priority. Even if you don’t feel injured immediately after the accident, it’s important to seek medical attention as soon as possible. Some injuries, such as whiplash, internal injuries, or concussions, may not show symptoms right away, but they can still have serious long-term effects.

Visiting a healthcare provider not only ensures that any injuries are properly treated but also creates an official record of your injuries, which will be important when filing a personal injury claim. Make sure to follow up with your doctor, attend all appointments, and keep a detailed record of your treatments and diagnoses.

Report the Incident

In many cases, especially with accidents like car crashes, it’s important to file a report with the appropriate authorities. This might be the police, workplace supervisors, or building management, depending on the type of accident. A police report or incident report creates an official record of the accident, including key details such as the date, time, location, and any statements from witnesses or parties involved.

In car accidents, police reports are especially important because they can provide details about the cause of the accident and potentially identify the responsible party. Always get a copy of the report for your records.

Gather Evidence at the Scene

If possible, gather as much evidence as you can at the scene of the accident. The more documentation you have, the stronger your case will be when you seek compensation. Here’s what you should do:

• Take Photos and Videos: Capture photos of the scene, your injuries, vehicle damage, and anything else that could be relevant to the case (such as skid marks or unsafe conditions).

• Obtain Witness Information: If there are any witnesses to the accident, ask for their names and contact information. Witness testimony can be invaluable in proving fault.

• Document the Scene: Write down details of what happened, including any contributing factors (e.g., weather conditions, poor signage, etc.). If you’re unable to do this yourself, ask someone else to assist.

Collecting this information right after the accident can help support your version of events and protect you from any false claims.

Notify Your Insurance Company

After an accident, you should notify your insurance company as soon as possible. Many insurance policies require prompt reporting of accidents, and failing to notify them in a timely manner may affect your ability to make a claim later. Be honest and provide all the necessary information, but avoid giving a recorded statement without first consulting an attorney.

It’s also important to keep track of any communication with your insurance company, including emails, letters, or phone calls, as these could be useful for your claim later.

Avoid Admitting Fault or Making Statements That Could Hurt Your Case

While it’s natural to want to explain what happened immediately after an accident, it’s important not to admit fault or make any statements that could be interpreted as admitting liability. Even saying something like “I’m sorry” can be construed as an admission of guilt, even if you weren’t at fault.

Stick to the facts when talking to the police, witnesses, or insurance companies. Anything you say can be used against you later, so it’s best to remain calm, composed, and avoid speculation.

Keep a Record of All Medical Treatments and Expenses

After seeking medical care, keep thorough records of all treatments, medications, and medical appointments related to your injury. This includes receipts for medical bills, prescriptions, and any out-of-pocket expenses you incur due to your injury.

Your medical records will serve as crucial evidence when calculating your compensation, covering everything from doctor visits to rehabilitation and therapy.

Contact a Personal Injury Attorney

As soon as you are able, it’s wise to contact an experienced personal injury attorney. Consulting with a lawyer early on can help you navigate the legal process and ensure that your rights are protected. A personal injury lawyer will help you:

• Evaluate the strength of your case

• Gather evidence and documentation

• Handle communication with insurance companies

• Negotiate settlements or represent you in court if needed

At Gelbstein & Associates, we offer free consultations to help you understand your options and provide legal advice tailored to your unique situation.

Avoid Posting on Social Media

In the days and weeks following an accident, avoid discussing the incident on social media. Insurance companies and defense attorneys often monitor social media for posts that might undermine your case. Even a seemingly innocent post about how you’re “feeling better” could be used to argue that your injuries are not as severe as you claim.

It’s best to refrain from posting anything related to the accident until your case is resolved.

Stay Organized and Keep Detailed Records

As your case progresses, stay organized by keeping all documents, medical records, and receipts related to your injury in one place. This will help ensure that you have all the necessary information when needed, whether it’s for insurance purposes, legal proceedings, or simply tracking your expenses.

Your attorney will also need access to this information as they build your case.

Get In Touch With Us!

The immediate steps you take after a personal injury accident can significantly affect your ability to recover compensation for your injuries. By following these guidelines, you’ll be better prepared to protect your health, preserve vital evidence, and strengthen your case.

At Gelbstein & Associates, we are here to help guide you through every step of the process. If you’ve been involved in an accident, contact us today for a free consultation, and let us help you pursue the compensation you deserve. Call (855) LAW-2407 today to get started.

When you’ve been injured in an accident, it’s only natural to want to resolve the matter quickly. The pain, stress, and financial burden of medical bills can be overwhelming. As a result, many people are tempted to accept the first settlement offer from an insurance company, hoping for a fast resolution. However, settling your personal injury claim without consulting an attorney can be a costly mistake.

At Gelbstein & Associates, we understand that the aftermath of an injury can be stressful, but rushing into a settlement without professional legal advice can result in receiving far less compensation than you deserve. In this blog, we’ll explain why it’s crucial to consult an experienced attorney before agreeing to any settlement offer.

Insurance Companies Aim to Settle for Less

One of the primary reasons insurance companies offer quick settlements is to minimize their costs. These companies are businesses, and their goal is to pay out as little as possible. Often, the initial settlement offer will be much lower than what you are entitled to, especially if you haven’t consulted an attorney who can accurately assess the value of your claim.

An experienced personal injury lawyer will ensure that the settlement amount takes into account the full scope of your injuries, medical expenses, lost wages, pain and suffering, and other damages.

You Might Not Be Aware of the Full Extent of Your Injuries

After an accident, especially one involving serious injuries, the full extent of your injuries may not be immediately apparent. Some injuries, such as soft tissue damage, internal injuries, or whiplash, may take time to develop symptoms or be diagnosed properly. Accepting a settlement too early could mean that you’re agreeing to an amount that doesn’t fully account for future medical costs or long-term impacts of your injuries.

An attorney can help you understand the long-term effects of your injuries and ensure that your settlement covers all future medical treatments and rehabilitation.

An Attorney Can Help You Gather Crucial Evidence

Personal injury claims are built on evidence. Without proper documentation, it can be difficult to prove fault or the extent of your injuries. When you consult an attorney, they will work with medical professionals, accident investigators, and other experts to gather the necessary evidence to support your claim.

Without this support, you might miss out on critical evidence that could strengthen your case, resulting in a lower settlement offer.

Attorney-Client Privilege Protects Your Best Interests

Consulting an attorney ensures that your communications are protected under attorney-client privilege. This means that your lawyer cannot disclose any confidential information about your case without your consent. This protection allows you to speak freely about the details of the accident and your injuries without fear of compromising your case.

On the other hand, insurance companies are not obligated to protect your interests and may use anything you say against you to minimize your settlement.

Understanding the Full Value of Your Claim

A personal injury attorney understands all the components that make up the value of your claim, which may include:

• Medical bills – both current and future

• Lost wages – including future earnings if you cannot return to work

• Pain and suffering – for the physical and emotional toll of your injury

• Property damage – if applicable

• Loss of quality of life – if the injury significantly impacts your daily activities or relationships

Insurance companies often overlook or underestimate some of these components in their initial offer. A skilled attorney will ensure that all aspects of your claim are accounted for, ensuring you receive the full compensation you’re entitled to.

You Could Be Giving Up Your Right to Sue Later

By accepting a settlement offer, you are typically required to sign a release form that prevents you from pursuing any further legal action related to your injury. If you agree to a settlement too soon, you might be unknowingly waiving your right to seek additional compensation if your injuries worsen or if you experience long-term complications that weren’t initially apparent.

An attorney will ensure that you’re making an informed decision and fully understand the implications of signing a settlement agreement.

An Attorney Can Negotiate for a Better Settlement

One of the key benefits of hiring an attorney is their ability to negotiate on your behalf. Insurance companies are often quick to offer a settlement, but with the help of an attorney, you can significantly increase the amount of your settlement. Attorneys are skilled negotiators who know how to fight for the compensation you deserve, even if it means going through a lengthy negotiation process.

If the insurance company is unwilling to offer a fair settlement, your attorney can take the case to court to ensure you get the compensation you’re entitled to.

Peace of Mind

Dealing with the aftermath of an accident is stressful enough without the added pressure of negotiating with insurance companies. When you hire an attorney, you can focus on your recovery while they handle the legal aspects of your case. Knowing that you have a professional fighting for your rights gives you peace of mind and allows you to concentrate on getting better.

Get In Touch With Us

Settling your personal injury claim without consulting an attorney is a decision you may regret later. Insurance companies often offer lowball settlements that don’t fully cover the scope of your injuries and losses. By consulting with an experienced personal injury attorney from Gelbstein & Associates, you ensure that your case is handled professionally, and you maximize your chances of receiving fair compensation.

Don’t rush to accept a settlement offer. Reach out to Gelbstein & Associates for a free consultation and let us help you navigate the complexities of your personal injury case. We are dedicated to protecting your rights and securing the compensation you deserve. Call us at (855) LAW-2407 today.

Filing a personal injury lawsuit is a significant legal process, and navigating it can be overwhelming, especially when dealing with the physical, emotional, and financial burdens of an injury. At Gelbstein & Associates, we understand how important it is to avoid common mistakes that could potentially harm your case. By being aware of these mistakes, you can improve your chances of securing fair compensation for your injuries.

In this blog, we’ll highlight some of the most common errors people make during personal injury lawsuits and provide tips on how to avoid them.

Delaying Medical Treatment

One of the most critical mistakes you can make after an accident is delaying medical treatment. Whether your injuries seem minor or major, seeking medical attention immediately is essential. Not only will this ensure that your injuries are properly diagnosed and treated, but it also creates a documented record of your injuries, which is crucial for your case.

Delaying treatment can weaken your case, as the opposing party or insurance company may argue that your injuries were not as severe as you claim or that they worsened due to your lack of timely care. Always follow up with your doctor and keep track of all medical visits, treatments, and expenses.

Giving Recorded Statements to Insurance Companies Without Legal Advice

After an accident, insurance companies may contact you to gather information about the incident. While it may seem like cooperating fully is the best approach, giving a recorded statement to an insurance adjuster without consulting an attorney can be detrimental to your case.

Insurance companies often use recorded statements to gather information that may later be used against you. They may ask leading questions or attempt to get you to downplay your injuries. To protect your interests, always consult an experienced attorney before providing any statements to insurance companies.

Failing to Document Everything

Thorough documentation is crucial in any personal injury lawsuit. Without proper records, it may be difficult to prove the extent of your injuries, lost wages, pain, and suffering. Make sure to keep detailed records of the following:

• Medical treatments, diagnoses, and prescriptions

• Hospital and doctor visit dates

• Photographs of the scene of the accident and your injuries

• Witness contact information

• Records of missed work and lost income

The more documentation you have, the stronger your case will be.

Settling Too Early

In personal injury lawsuits, many individuals are tempted to accept a quick settlement offer from the insurance company. While this may seem like an easy way to resolve the matter, it’s important to carefully consider whether the settlement offer fully covers the costs of your medical treatment, lost wages, and any long-term effects of your injury.

Insurance companies often offer low initial settlements to save money. It’s crucial to consult with an experienced attorney before agreeing to any settlement. Your attorney will help ensure that the compensation you receive reflects the true extent of your injuries and losses.

Failing to Follow Your Doctor’s Orders

Your medical treatment plays a significant role in your case, and failing to follow your doctor’s orders can negatively impact your lawsuit. Not attending follow-up appointments, skipping physical therapy, or disregarding prescribed treatments can make it appear as though you are not taking your injuries seriously, which could hurt your credibility in court.

In addition, insurance companies may use any deviations from prescribed treatment as an argument to lower your compensation. Always follow your doctor’s advice and keep your attorney informed about your treatment progress.

Talking About Your Case on Social Media

In today’s digital age, it’s tempting to share details of your life on social media. However, posting about your accident or injuries on social media can be disastrous for your personal injury case. Insurance companies and defense attorneys often monitor social media to look for posts that could undermine your claims.

Even seemingly innocent posts or pictures could be used to argue that your injuries are not as severe as you claim. To avoid this, refrain from discussing your case on social media platforms until your case has been resolved.

Not Hiring an Experienced Personal Injury Attorney

Perhaps one of the most significant mistakes you can make is attempting to handle your personal injury claim on your own without the assistance of an experienced personal injury attorney. While it’s possible to navigate the process without legal representation, doing so can significantly reduce your chances of securing fair compensation.

An experienced attorney can help you avoid the common pitfalls listed above, negotiate with insurance companies, gather necessary evidence, and represent your best interests in court if needed. At Gelbstein & Associates, we specialize in personal injury law and are committed to providing expert legal support every step of the way.

Ignoring the Statute of Limitations

In personal injury cases, there is a time limit known as the statute of limitations within which you must file your lawsuit. If you fail to file your claim within this timeframe, you may lose your right to seek compensation altogether. The statute of limitations varies depending on your state and the nature of your injury.

It’s important to consult with an attorney as soon as possible after your injury to ensure you don’t miss the deadline for filing your claim.

Reach Out Today!

Avoiding these common mistakes can significantly improve your chances of a successful personal injury lawsuit. By acting quickly, staying organized, and seeking the right legal guidance, you can ensure that your case is as strong as possible. At Gelbstein & Associates, we are here to help you navigate the complexities of the personal injury claims process with confidence and ease.

If you or a loved one has been injured in an accident, don’t hesitate to call us at (855) LAW-2407 for a free consultation. We’ll work tirelessly to protect your rights and secure the compensation you deserve.

When someone suffers a personal injury due to an accident or negligence, navigating the legal process can seem overwhelming. However, understanding the steps involved in a personal injury claim can provide clarity and ensure that the injured party receives the compensation they deserve. At Gelbstein & Associates, we are dedicated to guiding our clients through every step of the legal process, ensuring their rights are protected and their interests are represented.

In this blog, we’ll explain the step-by-step process of filing a personal injury claim, from the initial consultation all the way to the resolution of your case.

1. Initial Consultation with an Attorney

The first step in any personal injury claim is to consult with an experienced personal injury attorney. This meeting is typically free of charge and is an opportunity for you to explain the circumstances of your accident and injuries. The attorney will assess the merits of your case, explain your legal options, and help you understand the potential outcomes.

During this consultation, it’s important to bring any documentation you have related to the accident, such as medical records, police reports, and photographs of the scene or injuries. The more information you provide, the better your attorney can evaluate your case.

2. Investigation and Gathering Evidence

Once you’ve hired an attorney, the next step is to begin the investigation and gather evidence. Your attorney will work with investigators and experts to gather all relevant information about the accident. This could include interviewing witnesses, collecting surveillance footage, reviewing accident reports, and consulting medical professionals to understand the extent of your injuries.

The goal is to build a strong case to prove that the other party was at fault for your injuries. This stage is crucial because the evidence collected will be used to support your claim in negotiations and court, if necessary.

3. Filing the Claim

After the investigation, if your attorney believes you have a strong case, they will file a personal injury claim on your behalf. This usually involves sending a formal letter of demand to the at-fault party or their insurance company. The demand letter outlines the details of the accident, the injuries sustained, and the compensation being sought for medical bills, lost wages, pain and suffering, and other damages.

At this point, the insurance company or the responsible party has a chance to respond. They may either agree to settle or offer a counteroffer, or they may deny liability. If they deny liability or offer a low settlement, your attorney will advise you on the best course of action.

4. Negotiation and Settlement Talks

In many personal injury cases, the insurance company will offer a settlement. Your attorney will enter into negotiations with the insurer to ensure that you receive fair compensation for your injuries. The settlement process can involve multiple rounds of negotiation before a final offer is made.

During these negotiations, it’s important to remember that the first offer is rarely the best one. Insurance companies often start with a low offer in the hope that you will accept it quickly. Your attorney will work to secure a settlement that reflects the full extent of your medical expenses, lost wages, and other damages.

5. Litigation (If Necessary)

If a fair settlement cannot be reached through negotiations, your case may go to trial. This step involves filing a lawsuit and entering the litigation process. Your attorney will represent you in court, where they will present the evidence, question witnesses, and make legal arguments to prove that the other party is at fault.

The defendant will also have the opportunity to present their case, and the judge or jury will make a determination about liability and damages. Litigation can be a lengthy and costly process, so most personal injury cases are resolved before they reach this stage. However, in some cases, litigation is necessary to ensure justice is served.

6. Trial and Verdict

If your case goes to trial, it will be heard before a judge or jury, who will ultimately decide the outcome. This is the final stage in the process, and it is where the most detailed and thorough presentation of evidence occurs. Your attorney will ensure that you are well-prepared for trial, and will present a compelling case to the judge or jury.

The trial can take several days or weeks, depending on the complexity of the case. Once both sides have presented their arguments, the judge or jury will deliberate and issue a verdict. If you win, you will be awarded compensation for your injuries. If you lose, you may have the option to appeal the decision.

7. Post-Trial and Appeal

If you receive a favorable verdict, your attorney will help you collect the compensation awarded to you. However, if you lose the case, you may have the right to appeal the decision. An appeal is a legal process that challenges the verdict, arguing that the trial was unfair or that the law was misapplied.

Your attorney will guide you through the appeals process, ensuring that your rights are upheld and that you have the best chance of receiving a favorable outcome.

Contact Us!

Navigating the legal process behind a personal injury claim can be complex and stressful. However, with the guidance of an experienced personal injury attorney from Gelbstein & Associates, you can rest assured that your case will be handled with care and professionalism at every stage. From the initial consultation to the resolution of your case, we are committed to fighting for your rights and helping you secure the compensation you deserve.

If you’ve been injured in an accident, don’t hesitate to contact Gelbstein & Associates at (855) LAW-2407 for a free consultation. Let us help you understand your legal options and guide you through the entire claims process.

Rideshare services have changed the way we travel, offering quick and convenient transportation with just a few taps. However, when an accident occurs during a rideshare trip, the aftermath can be complicated. Multiple insurance policies, unclear liability, and unique legal rules can make the claims process difficult to navigate.

If you were injured while using a rideshare service, knowing your rights and how these cases work is essential to protecting your health and your financial recovery.

How Rideshare Accidents Occur

Rideshare-related injuries can occur in many different ways. Some of the most common situations include:

• You are a passenger in a rideshare vehicle involved in a collision.
• You are hit by a rideshare driver as a pedestrian, cyclist, or another motorist.
• You are injured due to the driver’s negligence, such as speeding or distracted driving.
• You are riding in another vehicle that is struck by a rideshare car.

Although companies like Uber and Lyft are often the platforms involved, the legal process for injury claims focuses more on the driver’s actions, the insurance coverage in place, and how the accident occurred.

How Rideshare Insurance Works

Rideshare drivers use their personal vehicles, but they operate under different levels of insurance coverage depending on what they were doing at the time of the accident. This can make insurance claims more complicated than standard car accidents.

Here’s a general breakdown of coverage:

• App off: The driver’s personal auto insurance applies.
• App on, no ride accepted: Limited liability coverage is available.
• Ride accepted or passenger on board: Full commercial insurance is in effect, often up to $1 million in coverage.

If you were riding as a passenger when the accident happened, you’re typically covered under the highest level of protection. However, getting the insurance companies involved to pay what you’re owed is not always easy.

Determining Who Is Liable

Like any accident, fault must be established before compensation can be awarded. In a rideshare accident, the liable party could be:

• The rideshare driver, if they were distracted, reckless, or violated traffic laws.
• Another driver, if they caused the crash.
• A third party, such as a vehicle manufacturer or municipality in the case of faulty parts or road hazards.

Even though rideshare companies may not be directly responsible due to driver classification, their insurance policies still apply when drivers are logged into the app and transporting passengers.

What to Do After a Rideshare Accident

If you are injured during a rideshare trip or by a rideshare vehicle, taking the right steps immediately after the incident can help protect your health and your legal claim. Acting quickly and documenting everything clearly is critical in these situations.

Here are the key actions to take:

• Call the police and make sure a report is filed.
• Seek medical attention and follow all treatment instructions.
• Take photos of the vehicles, scene, injuries, and rideshare app screen.
• Get contact information for the driver and any witnesses.
• Save all trip details, including receipts, messages, and screenshots.
• Avoid speaking with insurance adjusters before consulting with an attorney.

Accidents involving rideshare vehicles often include more than one insurance policy, so having legal guidance early on is important.

What Compensation Can You Pursue?

If someone else’s negligence caused your injuries, you may be entitled to financial compensation.

Compensation may include:

• Medical expenses
• Lost income
• Pain and suffering
• Ongoing treatment or therapy
• Emotional distress
• Reduced quality of life

The amount depends on the severity of your injuries and how the accident has impacted your life now and in the future.

Let Us Help You With Your Rideshare Injury Claim

Rideshare accident claims involve unique legal and insurance issues. Our legal team understands how these cases work, from identifying which policy applies to proving who is at fault. We manage the details so you can focus on healing and moving forward.

If you or a loved one has been injured in a rideshare accident, call (855) LAW-2407 today for a free consultation. We’ll review your case, explain your options, and help you take the next step toward the compensation you deserve.

Injuries can happen anywhere, including public spaces and government-operated services. Whether you were hurt on a city sidewalk, inside a government building, or while using public transit, you may be entitled to compensation.

However, filing a personal injury claim against a government agency involves a unique set of legal rules and deadlines. These cases are handled differently from claims against private individuals or businesses and require careful attention to detail.

Understanding your rights and the process for bringing a claim against a government entity can make a significant difference in the outcome of your case.

Where These Injuries Most Commonly Occur

Accidents involving government-owned property or services are more common than many people realize.

Common examples include:

• Slipping on an icy or broken sidewalk maintained by a municipality
• Tripping on uneven pavement in a public park or plaza
• Falling due to poor lighting or maintenance inside a government building
• Injuries caused by faulty handrails, stairs, or elevators in public facilities
• Accidents on city buses, trains, or subways
• Collisions involving government-operated vehicles
• Injuries sustained at public schools, libraries, or recreation centers

These incidents may result from improper maintenance, inadequate staffing, safety code violations, or negligent behavior by a government employee.

What Makes Claims Against the Government Different

Suing a government agency is not the same as filing a claim against a private company or property owner. Government entities are protected under a legal concept called sovereign immunity, which means they cannot be sued unless specific legal conditions are met.

In New York and many other states, governments have passed laws that waive this immunity in certain situations, allowing people to pursue injury claims under limited circumstances. While these laws give you the right to seek compensation, they also include strict rules for how and when a claim must be filed.

Filing a Notice of Claim Is a Required First Step

Before you can file a lawsuit against a government agency, you must first file a Notice of Claim. This formal written document notifies the government of your intention to seek damages.

The notice must include the following information:

• Your name and address
• The date, time, and location of the accident
• A description of how the injury occurred
• The injuries you suffered and the damages you are claiming

In New York, the deadline to file this notice is typically 90 days from the date of the injury. If the notice is not filed on time or is missing required information, your case could be dismissed before it even begins.

Tighter Deadlines and Special Procedures

In addition to the 90-day notice requirement, lawsuits against government agencies often have shorter statutes of limitations. This means you may have less time to officially file your case compared to a claim against a private party. The exact timeline can vary depending on whether your claim involves a city, county, or state agency.

These rules make it especially important to act quickly after an injury involving public property or transit. Missing a deadline could permanently bar you from recovering compensation, no matter how valid your claim may be.

Proving Negligence Still Applies

Even when you follow the correct procedures, you must still prove that the government was negligent. This involves showing that the agency had a duty to maintain safe conditions, failed in that duty, and caused your injury as a result. You’ll also need to demonstrate the extent of your damages, including medical expenses, lost wages, and pain and suffering.

In many cases, the government may claim it did not have prior notice of the dangerous condition. For example, if you tripped on a broken sidewalk, you may need to prove that the city either knew about the damage or should have discovered it through reasonable inspections. Documentation, photos, and witness testimony can all play an important role in supporting your claim.

Trusted Guidance In Government Injury Claims

If you or a loved one has been injured on public property or while using government-operated transit, the claims process is very different from a typical personal injury case. Strict deadlines, specific notice requirements, and legal protections for public agencies make these cases more complex. Given these complexities, it’s important to have knowledgeable legal representation in these cases.

Our experienced legal team handles every detail, from filing the Notice of Claim on time to building a strategy tailored to the agency involved. Call (855) LAW-2407 today for a free consultation. We are ready to help you protect your rights and move forward with confidence.

Personal injury cases are always complex, but when the injured person is a child, there are additional legal considerations involved. The law recognizes that minors require special protections, and as a result, personal injury claims involving children follow a different set of rules and procedures than those involving adults. These rules are designed to protect the child’s rights and ensure that any outcome is in the child’s best interest.

If your child has been hurt in an accident, it’s important to understand how these cases work and what makes them unique. With the support of Gelbstein & Associates, families can pursue fair compensation and secure the resources needed for their child’s long-term recovery.

Why a Minor Cannot File Their Own Claim

Minors do not have legal capacity to bring a lawsuit or file a personal injury claim on their own. In these cases, a parent or legal guardian must act as the child’s representative and file the claim on the child’s behalf. This person may also be appointed as a guardian ad litem, a formal legal designation for someone acting in a minor’s best interest during court proceedings.

The parent or guardian is responsible for working with an attorney, making key decisions during the legal process, and managing communication with the insurance company or opposing parties. While these responsibilities can feel overwhelming, they are essential for protecting the child’s rights.

Common Types of Accidents Involving Minors

Children are especially vulnerable to injury, and they may not always recognize danger or are typically held to a higher standard of care when charged with ensuring children’s safety and well-being.

Personal injury claims involving minors often arise from:

• Car accidents, either as passengers or pedestrians
• Injuries at school, daycare, or camps
• Playground accidents involving unsafe or poorly maintained equipment
• Dog bites or animal attacks
• Slip and fall incidents at stores, parks, or residential properties
• Medical mistakes or misdiagnoses involving pediatric care

In each of these cases, it is important to examine whether a responsible party failed to uphold their duty to protect the child from preventable harm.

How Damages Are Evaluated in Child Injury Claims

Damages in a child injury case can include many of the same categories as an adult claim, such as medical expenses and pain and suffering. However, there are additional considerations when evaluating how an injury will affect a child over time. These may include impacts on physical development, emotional well-being, and the ability to participate in school or recreational activities.

In more serious cases, long-term care, therapy, or educational support may be required. A legal team must consider both the immediate and future needs of the child when calculating a fair settlement. Parents may also be entitled to compensation for related out-of-pocket costs, including transportation, lost wages, or added caregiving responsibilities.

Court Approval Is Required for Settlements

One of the most important differences in minor injury cases is the requirement for court approval before a settlement can be finalized. Even if both parties agree to the settlement terms, the court will review the proposal to ensure that it is fair and that the funds will be used in the child’s best interest.

In many cases, the court may order that part or all of the settlement funds be placed into a restricted account, trust, or structured annuity that the child can access when they reach the age of 18. In some circumstances, early access may be allowed to pay for necessary expenses such as education or specialized care, though this also requires court approval.

Understanding the Statute of Limitations for Minors

Most personal injury cases must be filed within a set period of time, which is known as the statute of limitations. However, when the injured party is a minor, that timeline is often extended. In New York, the statute of limitations for most personal injury cases does not begin until the child turns 18. This gives families more flexibility to monitor the child’s recovery and assess any long-term effects before filing a claim.

Despite the extended deadline, it’s wise to consult an attorney as early as possible. Evidence is more easily preserved, and the legal team can begin building a strong case based on medical records, witness statements, and expert opinions.

Why Legal Representation Is Essential in These Cases

Child injury cases require not only legal experience, but also compassion and long-term thinking. These claims are not just about immediate recovery. They are about protecting a child’s future and ensuring that compensation will meet their evolving needs as they grow.

Insurance companies may attempt to undervalue claims involving minors, offering quick settlements that do not reflect the long-term impact of the injury. A skilled attorney can push back, negotiate from a position of strength, and advocate for a resolution that truly serves the child’s best interests.

Legal Support for Your Family Starts Here

If your child has been injured due to someone else’s negligence, you do not have to face the legal process alone. With trusted legal guidance, you can protect your child’s rights and pursue the compensation they need for a healthy and secure future.

Call Gelbstein & Associates at (855) LAW-2407 today to schedule a free consultation. Our experienced legal team will review your situation, explain your options, and guide you through the next steps.

Choosing an assisted living facility for a loved one is a decision that families make with great care. These facilities are meant to provide safety, support, and dignity to older adults who need help with daily tasks. Families trust that their loved ones will be treated with respect and compassion in a secure environment.

Unfortunately, accidents and injuries can still happen in these settings. In some cases, they are the result of negligence, understaffing, or inadequate care. When this happens, families may need legal guidance to protect their loved one’s rights and hold those responsible accountable.

Understanding Injury Risks in Assisted Living Facilities

Assisted living residents often face a higher risk of injury due to age-related health conditions such as mobility limitations, balance issues, or cognitive decline. However, these known risks also mean that facilities have a duty to take proper precautions. When staff members or administrators fail to meet that duty, residents can suffer preventable injuries.

Common injuries in assisted living facilities include:

• Falls due to slippery floors, poor lighting, or lack of supervision
• Bedsores and pressure ulcers caused by prolonged immobility
• Burns from hot water or heating equipment
• Medication errors, including missed doses or incorrect prescriptions
• Injuries from physical altercations or inadequate security
• Dehydration or malnutrition caused by neglect

These injuries can have serious, lasting effects—especially for seniors who may take longer to heal or have underlying conditions worsened by trauma.

Negligence or an Unfortunate Accident?

Some injuries may result from natural causes or unavoidable circumstances. However, others happen because proper care was not provided. It is important to carefully examine how the incident occurred and whether it could have been prevented. For instance, if a resident with a known fall risk was left unsupervised, or if medication was missed or administered incorrectly, there may be valid grounds for a negligence claim.

Assisted living facilities are expected to maintain a reasonable standard of care. This includes hiring qualified staff, providing adequate supervision, following medical instructions, maintaining safe premises, and responding to emergencies in a timely manner. When they fail to do so, and someone is harmed as a result, they may be held legally responsible.

When You Should Contact an Attorney

It can be difficult for families to know when to take legal action, especially when the facility seems cooperative or expresses regret. However, you should consider contacting an attorney if:

• Your loved one suffers a serious injury, such as a broken bone, head trauma, or burn.
• There are signs of neglect, including poor hygiene, weight loss, or unexplained bruises.
• The facility refuses to explain how the injury occurred.
• You are concerned about ongoing safety risks to your loved one or other residents.
• You suspect the facility violated care plans or safety regulations.

An experienced personal injury attorney can review the facts, gather evidence, and determine whether the facility failed to meet its legal responsibilities. In many cases, legal action not only helps the injured person recover compensation but also improves standards of care for others in the facility.

Protecting Your Loved One and Holding Facilities Accountable

When a loved one is injured in a place that is supposed to protect them, it is natural to feel anger, confusion, and concern. Families often struggle with guilt and frustration, especially when they trusted the facility to provide compassionate care.

Taking legal action is not about assigning blame without reason. It is about protecting vulnerable individuals and ensuring that long-term care providers meet the standards they are legally and morally required to uphold.

Let’s Discuss Your Options

If your loved one has been injured in an assisted living facility and you are unsure of what to do next, you are not alone. These situations can be emotionally and legally complex, especially when the facility is unwilling to provide clear answers.

You have the right to seek legal guidance and support. Call (855) LAW-2407 today for a free consultation. Our experienced legal team can explain your rights, review the circumstances of the injury, and help you take meaningful steps to hold the facility accountable if negligence is involved.

Summer brings a season full of family vacations, weekend adventures, pool parties, and road trips. While all of this makes summer a favorite time of year for many, it also brings a sharp rise in personal injury risks. From slippery pool decks to crowded highways, accidents can happen in an instant and carry serious consequences. Understanding the common summer injury risks and how to avoid them can help keep you and your loved ones safe during the busiest time of the year.

1. Slip and Fall Accidents Around Pools and Patios

Swimming pools are a top destination during the summer months, especially for families. However, the combination of wet surfaces and bare feet makes slips and falls one of the most common poolside injuries. These falls can lead to bruises, sprains, broken bones, or even head trauma.

How to stay safe: 

• • Walk carefully near pools and make sure pool decks and patios are equipped with slip-resistant surfaces. 
  • Clean up any puddles or spilled beverages immediately. 
  • Do not run in wet areas and avoid climbing on slippery surfaces.

2. Heat-Related Illnesses and Dehydration

Exposure to high temperatures can be dangerous, particularly for young children, older adults, and those with pre-existing medical conditions. Heat exhaustion and heat stroke can occur without warning, especially during long periods of outdoor activity or exercise.

How to stay safe: 

• • Drink plenty of water throughout the day and take breaks in shaded or air-conditioned areas. 
  • Avoid intense physical activity during peak heat hours. 
  • Wear lightweight clothing and use sunscreen to prevent sunburns.

3. Bicycle and Pedestrian Accidents

Warmer weather means more people biking and walking for recreation, exercise, and commuting. With more activity on sidewalks, streets, and trails, the risk of collisions increases. These types of accidents can lead to serious injuries, including broken bones, head trauma, or spinal damage.

How to stay safe: 

• • Always wear a helmet while biking and follow all traffic laws. 
  • Use sidewalks or bike lanes when available and wear reflective or brightly colored clothing to increase visibility. 
  • Make eye contact with drivers at intersections and crosswalks before proceeding.

4. Playground Injuries in Parks and Backyards

Playgrounds are a summer favorite, but improperly maintained or overcrowded play areas can pose serious risks. Falls from heights, equipment malfunction, and rough play can result in everything from minor scrapes to concussions and broken bones.

How to stay safe: 

• • Choose playgrounds with soft, impact-absorbing ground surfaces like rubber mulch or sand. 
  • Supervise children at all times and make sure play structures are age-appropriate and in good condition. 
  • Teach children how to use playground equipment safely and avoid overcrowded areas.

5. Boating and Watercraft Injuries

Boating and jet skiing are popular summer activities, especially near the coast or lakes. But watercraft accidents are among the most serious and can lead to drowning, traumatic injuries, or long-term disability if safety rules are ignored.

How to stay safe: 

• • Always wear a life jacket, even if you are a strong swimmer. 
  • Follow all local boating regulations and never operate a boat while under the influence of alcohol. 
  • Make sure all passengers know how to respond in an emergency and are familiar with safety equipment on board.

6. Car Accidents and Summer Travel Hazards

Summer road trips and holiday weekends often lead to an increase in traffic volume. More vehicles on the road can mean more accidents. Fatigue, distracted driving, and unfamiliar routes can all contribute to crashes that result in serious injuries.

How to stay safe: 

• • Plan your route ahead of time and avoid driving during high-traffic periods whenever possible. 
  • Take regular breaks to avoid fatigue, and limit distractions in the vehicle. 
  • Ensure that everyone wears a seatbelt and that car seats are installed correctly for children.

7. Firework and Barbecue-Related Injuries

Backyard celebrations are a summer staple, but fireworks and grills can be extremely dangerous when used improperly. Burns, eye injuries, and even house fires can result from careless handling or faulty equipment.

How to stay safe: 

• • Keep a safe distance when lighting fireworks and never allow children to use them unsupervised. 
  • Always follow local laws regarding firework usage. 
  • When grilling, keep the area clear of flammable materials and monitor the flame at all times. 
  • Use proper tools and never leave hot equipment unattended.

What to Do If an Injury Happens

Even when you take all the right precautions, accidents can still occur. In many cases, injuries happen because someone else failed to take reasonable safety measures. Whether it involves a poorly maintained property, a distracted driver, or inadequate supervision at a recreational venue, negligence often plays a key role in summer accidents.

If you or a loved one has been injured and believe someone else’s actions may be to blame, it is important to understand your rights. A personal injury case can help you recover compensation for medical expenses, lost income, and the physical or emotional toll of the incident.

Legal Guidance for Summertime Accidents and Injuries

When an injury disrupts your summer, you should not have to carry the burden alone. Legal guidance can help you understand your options, evaluate whether negligence played a role, and pursue compensation to support your recovery.

If you were hurt this summer, help is available. Call (855) LAW-2407 today to schedule a free consultation and learn more about how you can protect your rights and take the next steps toward recovery.