Author Archives: Gelbstein

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Suing a Government Entity: Injuries on Public Property or Public Transit

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.

Male runner sitting on a track field clutching his knee in pain, possibly injured during a workout or race.

How Personal Injury Cases Differ for Minors

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.

Young woman gently holding the hands of an elderly person in a striped shirt, offering comfort and support.

Injuries in Assisted Living Facilities: When to Call an Attorney

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.

Smiling young boy wearing a bike helmet while an adult fastens the chin strap in a park setting.

Summer Injury Risks: Common Accidents and How to Stay Safe

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.

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Injured at a Hotel or Airbnb? Know Your Legal Options

Whether you’re traveling for work or a weekend getaway, staying at a hotel or Airbnb should be a safe and comfortable experience. Unfortunately, that’s not always the case. Accidents can happen when properties aren’t properly maintained, and what begins as a relaxing trip can quickly turn into a stressful situation. If you’ve been injured during a stay, it’s important to understand your rights and the legal options you have.

 

Common Injuries That Can Occur

Injuries at hotels and short-term rentals are more common than many people realize. In many cases, these accidents are preventable. When property owners or managers fail to keep the environment safe, guests can get hurt and may be entitled to compensation. 

 

Here are some common injuries that may occur: 

  • Slip and fall accidents caused by wet floors, poor lighting, or loose carpeting.
  • Injuries from broken furniture, railings, or stairs.
  • Burns or electrical injuries resulting from faulty appliances or malfunctioning water systems.
  • Bed bug infestations causing physical and emotional harm.
  • Assault or robbery due to lack of proper security measures.

 

What to Do After an Injury During Your Stay

If you’re injured at a hotel or Airbnb, taking the right steps immediately can protect both your health and your legal rights. Follow these steps to help preserve important evidence and give your legal team the tools they need to pursue a strong claim on your behalf.

 

Make sure to:

  • Seek medical attention right away, even if your injury seems minor. 
    • Prompt documentation is critical to both your recovery and your case.
  • Report the incident to hotel management or your Airbnb host as soon as possible. 
    • Ask for a written or digital record of the report.
  • Document the scene by taking photos or videos of the hazardous condition, your injuries, the lighting, surroundings, and any lack of warning signs.
  • Gather contact information from any witnesses who saw what happened.
  • Save all related documentation, including your booking confirmation, receipts, and any communication with the host or property staff.
  • Avoid discussing the incident on social media or with insurance adjusters before consulting with an attorney.

 

The Role of Premises Liability Law

Most cases involving injuries at hotels or Airbnbs fall under a legal principle known as premises liability. This area of law holds property owners or managers accountable when unsafe conditions lead to someone getting hurt.The focus isn’t on intent; you don’t need to prove that the injury was intentional. Instead, the law looks at whether the responsible party acted negligently by failing to fix a dangerous condition or warn guests about it.

 

It’s also important to understand your status on the property. If you were a paying guest at a hotel or Airbnb, you are owed a high duty of care. However, if you were on the property without permission, such as a trespasser, your legal protections may be more limited. These distinctions matter, and our experienced attorneys can help you understand how they affect your case.

 

Airbnb vs. Hotel Claims: What’s Different?

While both hotels and Airbnbs can be held legally responsible for guest injuries, the process of filing a claim can vary significantly.

 

Here are some of the major differences:

  • Hotels typically have commercial insurance coverage, along with established procedures for handling injury claims. They are often represented by legal teams and insurance adjusters who regularly manage these types of cases.
  • Airbnb incidents may involve multiple layers of coverage, including:
    • The host’s homeowner’s or renter’s insurance, which may or may not cover guest injuries.
    • Airbnb’s Host Protection Insurance, which offers up to $1 million in liability coverage, but only under specific conditions and with several exclusions.
  • Filing a claim after an Airbnb injury is often more complex and may require:
    • Direct communication with the host and Airbnb.
    • Detailed documentation of the injury, property condition, and incident timeline.
    • Legal support to determine which policy (if any) applies and how to access benefits.

 

How We Can Help

An injury can create unexpected challenges, from medical bills to time away from work. We understand how overwhelming these situations can be. Whether your injury resulted from negligence, hazardous conditions, or improper maintenance, our legal team is prepared to investigate the facts, determine liability, and fight for the full compensation you deserve.

 

We handle every step of the legal process so you can focus on your recovery. If you were injured at a hotel or Airbnb, don’t navigate it alone. Contact Gelbstein & Associates today at (855) LAW-2407 to schedule your free consultation.

Large crowd at an outdoor music festival raising hands and phones, enjoying a live performance under sunny skies.

What to Do If You’re Injured at a Public Event or Festival

Public events and festivals are meant to bring people together for music, food, community, and fun. However, large crowds and fast-paced environments can also create serious safety hazards. From slip-and-falls to crowd-related injuries, an unexpected accident can turn an enjoyable day into a painful and overwhelming experience.

 

If you’ve been injured at a festival, concert, fair, or other public gathering, it’s important to know your rights and understand the steps to take to protect your health and your potential claim.

 

Common Injuries at Festivals and Events

Injuries at public events can happen in a variety of ways. Some common injuries include:

  • Slips, trips, and falls due to uneven ground, spilled drinks, or exposed cables.
  • Crowd-related injuries such as being pushed, knocked down, or trampled.
  • Structural issues, like unstable stages or broken seating.
  • Injuries from vendors, including burns from hot food or food borne illnesses.
  • Accidents involving rides or attractions, which may be poorly maintained or improperly operated.

 

No matter the cause, you should never assume you’re at fault or that your injury was simply bad luck. These situations are more than just unfortunate mishaps, they’re often the result of someone else’s negligence.

 

Who May Be Responsible?

Identifying who is responsible for your injury is one of the most important parts of any personal injury case. Depending on the circumstances, liability could fall on the event organizer, the property owner, a vendor, a hired contractor, or even a city or municipality if the event was held in a public space. It is even possible for multiple parties to share the blame. Our experienced attorneys can help identify the responsible parties and determine the best course of action.

 

What to Do Immediately After the Injury

The actions you take after an injury can significantly affect your case. Gathering this information early on helps preserve evidence and supports your claim. 

 

Make sure to:

1. Get medical attention right away, even if your injuries seem minor.

2. Report the incident to staff, security, or the event organizer.

3. Take photos or videos of the scene, your injury, and any visible hazards.

4. Get the contact information of witnesses.

5. Avoid making statements to insurance adjusters or event representatives before speaking with a lawyer.

 

Building a Strong Case

Time is critical when it comes to public event injury claims. Temporary setups are often removed quickly, and details can disappear fast, making it essential to gather evidence as soon as possible. 

 

Incident reports, medical documentation, surveillance footage, eyewitness statements, event layouts, vendor agreements, and even social media posts or local news coverage can all play a role in establishing the facts of your case. With more documentation, you will have a stronger claim. Our goal is to build a clear and thorough case that demonstrates negligence and protects your right to compensation.

 

Your Recovery Starts With the Right Legal Support

Injury cases that involve public venues and large crowds can be complicated. Our team understands the challenges involved and knows how to handle them. We identify every responsible party, fight for your full compensation, and manage all the legal details so you can focus on recovery.

 

Whether you’re dealing with broken bones, emotional distress, or long-term medical care, you deserve strong legal support. An injury at a public event can impact every area of your life. The consequences can be overwhelming, but you don’t have to face them alone. Contact us today at (855) LAW-2407 to schedule a free consultation and learn how we can help.

Silhouetted woman sitting with her head resting on her arms, appearing sad or distressed in a dimly lit room.

When an Injury Affects Your Mental Health: Compensation for Emotional Distress

Not all injuries are physical, emotional distress is real. Emotional distress is emotional pain and suffering that occurs because of the negligence or intentional acts of another, usually in a physical nature. Some common symptoms may include anxiety, flashbacks, depression, PTSD, and mood swings. We understand that injuries can affect more than just your body, and we’re here to help. 

How Emotional Distress Is Proven in a Personal Injury Case

In a personal injury case involving emotional distress, there are specific factors that can help prove your case. 

  • Medical records, along with therapist notes and formal mental health diagnoses are all important in proving your emotional distress.
  • A testimony from a mental health professional and the injured party is another way to prove emotional distress.
  • If you keep any personal notes or journals, these can be used as well.
  • Any friends and family that witnesses your emotional distress may be of help.

Why Insurance Companies Push Back

Insurance companies tend to push back on emotional distress in personal injury cases. Emotional distress is “invisible” and hard to quantify. They may also downplay or dismiss emotional trauma without proper documentation. Our team is here to present a strong claim to help you receive proper compensation for what you’ve been through, not just physically. 

Emotional distress is just as real and damaging as physical injuries. If your mental health has been affected after a personal injury, you don’t deserve to suffer in silence. Gelbstein and Associates is here to support you through this difficult process. To get started today, call us at (855) LAW-2407.

Smiling female attorney meeting with an injured client wearing a neck brace and using crutches in an office setting.

Pre-Existing Conditions and Personal Injury Claims: What Are Your Rights?

Many individuals who have a pre-existing condition may hesitate to file a personal injury claim. However, you can still be entitled to compensation, even if you weren’t in perfect health prior to the accident. This is why it is important to understand how the law handles aggravation of pre-existing injuries. 

Pre-existing conditions are any injuries or illnesses that existed before the accident. Some examples of this include back problems, joint issues, arthritis, etc. Aggravation of a pre-existing condition refers to the worsening of a condition or illnesses that the plaintiff had prior to the accident. 

Proving the Accident Made Your Condition Worse 

Proving your condition was made worse from an accident can be difficult without proper documentation and other factors. When dealing with a personal injury claim and a pre-existing condition, you must consider the following factors.

  • Clear medical documentation– Having clear medication documentation from both before and after your accident is important. 
  • Doctor’s opinion– Your doctor’s opinion will play a large role in establishing aggravation.
  • Timely treatment– It is crucial to seek medical treatment immediately after your accident to create a clear timeline.

Challenges You Might Face

Unfortunately, insurance companies may try to argue that your pain is from your pre-existing condition, and not the accident. It is important to be aware of the challenges you may face so you can stay ahead of it. 

  • Extensive Medical History– You may be asked to provide this, as they’ll want to comb through it to find anything that could weaken your claim. 
  • “Eggshell Plaintiff” Argument Denial– This is another common tactic where insurance companies will attempt to sidestep their responsibility by blaming your physical vulnerability. However, under New York law, defendants must take injured victims as they find them, even if you’re more susceptible to injury due to a pre-existing condition.

You deserve to be heard, and Gelbstein and Associates is here to help. We can present your medical history in a way that supports your claim. Ready to find out how we can help? Contact us at (855) LAW-2407 today, and you’ll receive a free consultation. 

Man in a red jacket and face mask standing at a crosswalk while cars speed by during a red light.

Pedestrian Accidents at Night: Proving Fault When Visibility Is Low

Even though New York City is bright and alive at night, there’s still the risk of walking in the dark at night. Limited visibility makes it difficult for drivers to see pedestrians, which leads to more, often worse accidents. 

Common Causes of Nighttime Pedestrian Accidents

    • Wearing dark clothing– Drivers may be unable to see pedestrians well if they’re in dark clothing
    • Distracted driving
    • Inadequate street lighting or signage
    • Speeding or failure to yield at intersections
    • Limited visibility– Poor conditions, such as fog, snow, and rain can cause limited visibility for both drivers and pedestrians

How Fault Is Proven When Visibility Is Limited

Proving fault when visibility is limited can be difficult. There are a few ways that fault can be proven during a situation like this.

    • Investigating the scene– Lighting, weather, traffic signals, and crosswalks are all factors to be investigated.
    • Gathering evidence– It’s crucial to gather police reports, witness statements, and nearby surveillance footage.
    • Proving driver negligence– Speeding, failure to yield, distracted or impaired driving.

When visibility is low, these situations become more complicated. We’re here to help and serve you, so you can focus on a smooth recovery and not have to stress about your case. We have all the tools, experience, and dedication to help you receive justice. Contact our team today to get started – call (855) LAW-2407.

Smiling woman riding a bicycle on a city street during the day, enjoying a sunny and active urban commute.

Personal Injury for Bicycle Accidents: Know Your Rights on the Road

Cycling is a common way to get around, especially in New York City. It should be a safe and enjoyable experience, but with careless drivers and hazardous road conditions, cyclists often have to pay the price. We understand how devastating a bicycle accident can be, and we’re here to support you. It’s imperative that you understand your rights and how the law can protect you as a cyclist. 

Cyclist Have Rights

What are the rights you have as a cyclist? These are important to know to ensure you are abiding by the law, but also to know how you’re protected. Bicyclists have all the same rights and are subject to all the same responsibilities that are applicable to drivers of motor vehicles. Here’s some of the basics you should know as a cyclist. 

    • Cyclists are not allowed to ride on the sidewalks.
    • Bicyclists must use hand signals to turn left and right, as well as to stop or decrease speed.
    • Bicyclists must not wear more than one earphone attached to any audio device while riding.
    • Bicyclists must use bike lanes or pathways unless otherwise stated.
    • The driver must have their hands on the handles whilst riding, as well as both feet.

Common Causes of Bicycle Accidents

    • Dooring– This occurs when a driver opens their door in a cyclist’s path without looking.
    • Blind spots
    • Reckless and distracted driving
    • Speeding
    • Poor road conditions or construction zones (without signs)

What To Do After An Accident

    • Seek medical attention– even for minor injuries
    • Call the police and get an official report
    • Gather evidence– photos, witness info, driver insurance
    • Avoid making statements to insurance representatives before consulting an attorney

We understand how overwhelming the aftermath can be, and we’re here to take that burden off your shoulders. From investigating the details of your case to negotiating with insurance companies and fighting for full compensation, we’re committed to protecting your rights every step of the way. Let us help you focus on healing while we focus on justice. Contact us at (855) LAW-2407 today to schedule a free consultation!