Blog / Personal Injury

Blog

All Personal Injury Real Estate Chiariello & Chiariello Service Malpractice Civil Litigation Glen Cove Service

When Is a Property Owner Liable for Personal Injury on Their Premises?

In Glen Cove, NY, a property owner can certainly be held liable under premises liability law if they fail to exercise reasonable care and someone gets hurt. It can get complicated, however, so talk to a personal injury lawyer quickly to find out where you stand and what all your options are for compensation. more Property Owners and Managers and Their Liability To hold a property owner liable in a premises liability personal injury claim, the injured person has to prove the four elements of negligence: Duty of care Breach of duty Causation Damages 1. Duty of Care You, as the injured person, must show that the property owner had a duty to keep the property safe. While this duty is assumed under the law, the real trick here sometimes is showing who had this duty. In some cases, it may be the owner of the property, but in other cases, it could be a store manager, a tenant, a property management company, or several entities. 2. Breach of Duty Here you have to show that the person who had the duty of care failed to fulfill it. Your lawyer will help you prove that the property owner created a dangerous condition, knew about a dangerous condition, or should reasonably have known about it (such as through inspections or reports) and didn't fix it or warn you. 3. Causation Causation is where you prove that it was specifically a breach of duty that caused your accident. In other words, it is not enough that there was an accident: you have to be able to show that, but for the property owner's breach of the duty of care, the accident would not have happened or would not have been nearly so serious. 4. Damages This is where you prove precisely what losses you have incurred due to the accident. You usually prove this with medical bills, witness testimony, etc. How Your Status Affects the Duty New York law looks at whether a person had the right to be on a property or not. If someone was specifically invited onto a property, the owner has a duty towards them. Trespassers are owed no duty of care unless the property owner knew the trespasser was there and did not tell them to leave (in which case, they essentially transformed the person from a trespasser into a guest), or if the property has what is known as an "attractive nuisance." An attractive nuisance is something to which a child could be expected to be attracted, meaning they might trespass without really understanding what they're doing or why it's dangerous. Swimming pools are the most common attractive nuisances. Call a Personal Injury Lawyer If you've been injured on someone's property, call a lawyer as soon as possible so you can find out what your options are and the best next steps legally to secure your rights. Talk to Chiariello & Chiariello, Attorneys at Law today in Glen Cove to get a free consultation on your case.

Personal Injury? Small Firm vs. Big Firm

Choosing a Small Personal Injury Firm over a Megafirm in Long Island, NY When you're seeking legal representation for a personal injury claim in Long Island, NY, it's important to consider your options. Whether you're needing an attorney for a car accident, premises liability claim, or construction accident, the firm you choose can significantly impact your experience and your outcome. We want to give you an honest look at small firms vs. megafirms to help you make an informed and confident decision when choosing the personal injury attorney to represent you in Nassau County. While large law firms often boast extensive resources and a high-profile presence, smaller law firms offer distinct advantages that can be crucial in personal injury cases. Here, we explore the downsides of large law firms and the benefits of choosing a smaller law firm that has deep roots and expertise in the local community like Chiariello & Chiariello. more What Are The Downsides to Large Law Firms? Impersonal Service: At larger law firms, clients often find themselves feeling like just another case number due to the high volume of cases the firm handles. This can lead to a lack of personal attention and communication, which is vital in personal injury cases where clients need reassurance and clear guidance through complex legal processes. Limited Accessibility: In large firms, it can be challenging to get direct access to the attorney handling your case. Clients of megafirms often find themselves dealing with assistants or junior lawyers instead of the experienced attorney they thought they hired, leading to frustrations and delays in getting the answers they need. Cookie-Cutter Approach: Big law firms may apply a one-size-fits-all approach to handling cases to maximize efficiency. This can result in a strategy that isn’t tailored to the specific details of your personal injury claim, potentially affecting the settlement or verdict. What Are Benefits of Hiring a Small Law Firm? Personalized Attention: Small law firms like Chiariello & Chiariello pride themselves on providing personalized service to each client. You’re not just a case number; your attorney knows you and your case thoroughly and is committed to do what it takes to get you the just and rightful compensation you deserve. Direct Access to Experienced Attorneys: Small firms ensure that you have direct access to experienced attorneys who are readily available to answer your questions and update you on the status of your case. This accessibility fosters a stronger attorney-client relationship and ensures that your case is handled with the attention it deserves. Dedicated Advocacy: Attorneys at smaller firms are often more invested in their cases and are not looking to just "turn and burn" through their caseload. They take the time to build a compelling case and represent your best interests fiercely, often leading to better outcomes. Transparency: One of the standout benefits of working with a small law firm like Chiariello & Chiariello is the transparency throughout the legal process. Clients receive straightforward, honest communication about the status of their cases, the realistic outcomes, and the legal strategies employed. This open dialogue ensures that clients are never left in the dark, allowing for a clear understanding of their legal journey. Small firms often prioritize maintaining open lines of communication, ensuring that clients feel fully informed and confident in the decisions made on their behalf. Locally Own ed = A Local Understanding: Chiariello & Chiariello is not just a law firm; it's a locally owned, family-run practice that has been proudly serving the Nassau County community for over 50 years. This deep-rooted presence has cultivated a profound understanding of the local legal climate, which provides an advantage in handling personal injury cases with a familiarity that larger, non-local firms simply cannot match. Our firm’s longstanding community ties mean that we are not only familiar with the legal landscape but are also deeply invested in the welfare and success of our clients. We bring a personalized and caring approach to each case, driven by our commitment to the community we have been part of for decades. Comparison Table: Small vs. Large Personal Injury Law Firms Feature Small Law Firm Large Law Firm Personalized Service High; clients receive personalized attention from experienced attorneys. Low; clients may feel like just another case number. Accessibility High; direct access to the attorney handling your case. Variable; often limited to assistants or junior staff. Case Handling Tailored approach; strategies crafted specifically for each case. Standardized approach; often a one-size-fits-all strategy. Client Care High; genuine care for clients, not focused on volume. Lower; focus on efficiency may overshadow individual client care. Outcome Often better, as cases are handled with thorough attention and dedication. May vary; efficiency focus can lead to less favorable outcomes. Choosing the right law firm for your personal injury case is a crucial decision that can significantly affect the outcome of your claim. At Chiariello & Chiariello, we believe in offering the personalized attention and dedicated advocacy that only a small firm can provide. If you're looking for legal representation that truly cares about your recovery and rights, consider the unique benefits a small law firm can offer. If you're interested in learning more, we offer free injury consultations, so give our attorneys a call at 516-360-2869 or click here to contact us online today.

The "Serious Injury" Requirement

A lot of people are likely unaware that in order to bring a lawsuit for injuries, pain and suffering arising out of an automobile accident, New York law requires you to prove that you sustained a “serious injury”. A “serious injury” is defined as: Death; Dismemberment; Significant disfigurement; Fracture; Loss of a fetus; Permanent loss of use of a body organ, member, function or system; Permanent consequential limitation of use of a body organ or member; Significant limitation of use of a body function or system; Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. Based upon these categories, minor injuries such as bruises, strains and sprains generally do not qualify as serious injuries under the law but you should always speak with an attorney to ensure you get appropriate information and guidance. Often what appears to be a simple strain turns into something more serious with further testing so you should call Chiariello & Chiariello promptly to discuss your situation. Drive carefully!

Understanding Circumstantial Evidence

Circumstantial evidence can play a significant role in accident cases, where direct evidence may be lacking or inconclusive. Accident cases, such as those involving motor vehicle accidents, workplace accidents, or slip and fall incidents, often require careful investigation to determine the cause, liability, and extent of damages. Circumstantial evidence can provide valuable insights and help reconstruct the events leading up to an accident, establish liability, and support a claim or defense. One common form of circumstantial evidence in accident cases is physical evidence. For example, in a motor vehicle accident case, skid marks on the road, damage to vehicles, or debris at the scene can provide clues about the speed, direction, and point of impact of the vehicles involved. These physical clues can be used to reconstruct the sequence of events leading up to the accident and help determine factors such as negligence, fault, or causation. Witness testimony can also be considered circumstantial evidence in accident cases. Eyewitnesses or other witnesses who observed the accident or its aftermath can provide valuable information about the circumstances leading up to the accident. Their accounts of what they saw or heard can help establish facts, such as the behavior of the parties involved, the presence of hazards, or the conditions of the environment, which can be critical in determining liability and damages. Additionally, circumstantial evidence can include documentary evidence, such as records or documents that provide information relevant to the accident. For example, in a workplace accident case, safety inspection reports, maintenance records, or training records can provide insights into the condition of equipment, compliance with safety regulations, or training provided to employees. Such documents can help establish whether negligence or a failure to comply with regulations contributed to the accident. Circumstantial evidence in accident cases often requires careful analysis and interpretation. Different pieces of circumstantial evidence may need to be pieced together to create a coherent narrative of what happened. For example, skid marks on the road, witness accounts, and vehicle damage may need to be analyzed collectively to establish the cause and sequence of events in a motor vehicle accident case. Expert opinions, such as accident reconstructionists or engineers, may also be used to interpret circumstantial evidence and provide insights into the dynamics of the accident. It is important to note that circumstantial evidence in accident cases may not always be conclusive and can be subject to interpretation or challenge. However, it can still be persuasive and provide valuable insights into what likely occurred based on reasonable inferences drawn from the available evidence. It can help establish liability, support a claim or defense, and guide the resolution of accident cases. In conclusion, circumstantial evidence can play a crucial role in accident cases by providing valuable insights, establishing facts, and supporting claims or defenses. Physical evidence, witness testimony, and documentary evidence can all be considered circumstantial evidence in accident cases, and careful analysis and interpretation may be needed to determine their significance. While circumstantial evidence may not always be conclusive, it can still be persuasive and help establish liability, causation, and damages in accident cases.

What to Do if You're In an Auto Accident

A car accident can be a terrifying and overwhelming experience, but it is important to remain calm and handle yourself appropriately. Here are some steps you can take after a car accident: 1. Check for injuries: The first thing you should do after a car accident is to check yourself and your passengers for injuries. If anyone is injured, call 911 immediately and request medical assistance. 2. Move to a safe location: If the accident is minor and there are no injuries, move your vehicle to a safe location, such as the side of the road. If the accident is more serious or you cannot move your vehicle, turn on your hazard lights and wait for help to arrive. 3. Call the police: Even if the accident is minor, it is important to call the police and report the accident. The police will create a report, which you may need for insurance purposes. 4. Exchange information: Exchange contact and insurance information with the other driver involved in the accident. Be sure to get their name, phone number, address, insurance company, policy number, and license plate number. 5. Take pictures: Take pictures of the damage to both vehicles and the surrounding area. This can be helpful when filing an insurance claim. 6. Contact your insurance company: Call your insurance company as soon as possible to report the accident. They will guide you through the next steps and help you file a claim. 7. Seek legal advice: If you are injured or the accident was not your fault, consider seeking legal advice. A lawyer can help you navigate the legal process and ensure you receive fair compensation. Remember, it is important to remain calm and stay focused after a car accident. Take these steps to protect yourself and ensure you receive the help you need. Feel free to call our office if you have been involved in an accident - no matter what type. 516-801-8100

COMMON SPRINGTIME ACCIDENTS & PERSONAL INJURY CASES

The transition into spring is a wonderful time of year here in New York. The temperatures are rising and soon the trees and flowers will begin to bloom. With each passing day, we gain a little more sunlight and can begin to shed our layers of winter clothing. This winter has been long and cold, but as we near the end of March, it’s important to remember that spring has sprung! >>Protect your rights - get a FREE personal injury consultation with an attorney at Chiariello & Chiariello by clicking here.<< As with any season, spring does present some hazards. When it is nicer outside, more people are getting out to parks, riding their bikes, walking their dogs, or simply going out for a drive. With more people on the roads and in public spaces, it opens up the opportunity for increased accidents or potential for injury. We’ve taken some time to compile a list of common springtime accidents so you can continue celebrating the start of spring — and protect yourself from injury. BICYCLE ACCIDENTS There is nothing better than jumping on a bicycle for a ride around town or the park. As the temperature rises, so does the number of cyclists out on the road. While motorists need to remain conscious of the increased number of bikes on the road and respect their right to use the road, it is also important for cyclists to obey traffic laws. This means wearing reflective clothing, using appropriate hand signals, and following right-of-way laws. DOG BITES Like their humans, dogs like warm weather! Spring is the perfect time for dog owners to get their pets outside to burn off extra energy — but it also leaves people susceptible to dog bites. As more and more owners leave their dogs outside in the warmer weather, it is best to practice caution around unfamiliar dogs and learn how to read their body language. Do not approach dogs that are walking on their own. If a dog is with its owner, it is best to ask if it is safe to pet the dog before making any sudden movements. SLIP & FALL ACCIDENTS While snow and ice on sidewalks and pathways may certainly pose a slip-and-fall risk, these wintery elements also create a more level surface to walk on. As the snow thaws, it can expose uneven pavement, cracked sidewalks and walkways, which poses risks to pedestrians as foot traffic increases. If someone is injured on another person’s property due to these factors, a property owner may be liable. PLAYGROUND & SCHOOL INJURIES Outdoor exercise is important for a child’s physical, mental, and emotional health, and playgrounds provide a fun place for kids to expend extra energy. While children are prone to minor bruises and scrapes, not all playground accidents are due to a child’s carelessness. The CDC estimates up to 200,000 children each year are injured and treated in emergency rooms for playground-related injuries. These injuries are due to improper playground construction, poor maintenance, and inadequate supervision. MOTORCYCLE ACCIDENTS The rumble of motorcycles in the spring is a sure sign that winter is in the rearview. As the number of bikers increases on the road, it is important for both motorists and motorcyclists to remain cautious and aware on the road. In addition to the lessened safety mechanisms on a motorcycle, road conditions can greatly increase the likelihood of an accident. For instance, ice and snow plows can cause existing cracks in the pavement to expand into full-blown potholes, which pose a risk to car drivers, and an even bigger hazard to motorcyclists. No matter what type of vehicle you are driving, remain aware of the conditions around you and how they can affect both you and others on the road. DON’T LET AN ACCIDENT HOLD YOU BACK. CALL CHIARIELLO & CHIARIELLO TODAY For over 50 years, Chiariello & Chiariello has served families and clients across Long Island and New York City. Our clients are more than cases to us — they are a part of our family and are treated as such. If you have been involved in an accident, we know you are suffering due to another’s negligence. It is our goal to help you get your life back on track and make your recovery process a little easier. To receive more information about our personal injury services, or to schedule a consultation, please contact us today at (516) 360-2869.

AVOIDING CAR ACCIDENTS THIS WINTER

“I’m from New York…I know how to drive in the snow!” During inclement weather, how many times have you or one of your friends said this? Here in New York, we’re no stranger to harsh, cold winters and facing hazardous winter road conditions. Many of us flaunt our winter driving skills like a badge of honor. Regular driving through snow, ice, and winter weather can give you a lot of confidence — but that doesn’t mean you are actually safe on the road. >>Injured in a car accident? Get a FREE legal consultation with our car accident lawyers in New York.<< According to the Federal Highway Administration, nearly 21% of crashes each year are weather-related. Of this percentage, winter weather conditions account for 13-18% of weather-related accidents. HOW CAN I STAY SAFE ON THE ROAD IN WINTER? The easiest way to avoid an accident in wintry conditions is, of course, to stay off the road. If you must brave the elements, it is important to be prepared, not only for your own safety, but for the safety of other drivers. THOROUGHLY CLEAN OFF YOUR CAR We’ve all been there: running a few minutes late and the car is covered in snow. To save a few minutes, you clear off your windshield, side windows, and rear window, and then set off, leaving a large pile of snow or ice on your hood, trunk lid, and roof. While you are able to see outside of your vehicle, the remaining snow and ice on your car can be hazardous to both you and other drivers. For example, if you are traveling at high speeds, the remaining debris on your car can fly off and hit other vehicles. Or, if you brake abruptly, it can slide onto your windshield or rear window and cause visibility problems. In addition, it is important to clear off your headlights and brake lights, as they help you see the road — and help other drivers see you. CREATE A SURVIVAL KIT In case of an emergency, keep a survival kit in your trunk. Supplies can include: a shovel, flashlight, battery-powered radio, booster cables, road salt, a first-aid kit, matches, emergency flares, snacks, and a blanket. SLOW DOWN! One of the most important things you can do as a driver in wintry conditions is reduce your speed and keep your focus on the road. By doing this, you can increase your stopping distance, better identify slippery patches on the road, and adjust to your surroundings. A reduced speed also can increase the your wheel traction, which helps to keep you on the road. BRAKE GENTLY If your car begins sliding, your first instinct may be to brake aggressively, but in truth, this may make things worse, as it causes the weight of the car to shift. Instead of slamming on the brakes, sometimes just taking your foot off the gas and letting the car slow down this way is all you need to regain control. MAINTAIN YOUR DISTANCE Along with reducing your speed, you will want to lengthen the distance between your vehicle and others on the road. This can help you maintain control of your vehicle and avoid a collision, as well as help you judge what road conditions are ahead of you. INVOLVED IN A WINTER WEATHER CAR ACCIDENT? COUNT ON CHIARIELLO & CHIARIELLO No matter how carefully you drive or what precautions you take, an accident may be unavoidable. If you have been involved in a winter weather auto accident due to another driver’s carelessness or negligence, the attorneys at Chiariello & Chiariello are here for you. We represent clients across Queens, Long Island, NYC, and surrounding areas in a full range of personal injury matters. For more information, please give us a call at (516) 360-2869 today. We are happy to answer any questions you may have.

PREVENTING WORKPLACE INJURIES

According to the National Safety Council, every seven seconds a worker is injured on the job. More often than not, injuries on the job are entirely preventable. Taking measures to create safer working conditions not only reduces the likelihood of injury but also improves productivity and your bottom line. Common Workplace Injuries Include: Slips, Trips, & Falls Neck & Head Injuries Carpal Tunnel Syndrome Repetitive Motion Injuries Broken Limbs Strains Lacerations Burns Electrical Shocks Chemical Burns Vehicle & Moving Equipment Injuries TIPS FOR REDUCING INJURIES ON THE JOB FOR EMPLOYERS While you can never completely prevent work accidents as an employer, you can take certain measures to increase the safety of your employees. This includes: CONDUCTING SAFETY SEMINARS & TRAINING Misuse of equipment is a common cause of injury. By providing your employees with training opportunities, it increases their skill set and helps establish stronger safety standards on your production floor. In addition to equipment training, it is important to reiterate proper lifting techniques. PROPERLY SCREENING APPLICANTS In some instances, an accident is caused by an employee’s inexperience or an inability to physically perform a position. Conducting pre-placement physicals ensures you are matching applicants with positions matching the physical abilities. ENCOURAGE EMPLOYEE FEEDBACK There is no better resource on how to improve a task or job than the people performing it. Receiving input from your employees regarding safety concerns can help you create a safer work environment while giving them an opportunity for their voices to be heard. KEEPING WORKPLACES CLEAN AND UNCLUTTERED To help prevent slip and fall incidents, make sure to store all materials safely and securely. It is also important to have proper signage to warn employees of any dangers, as required by law. In addition, you can build guards, shields, or barriers to protect employees for hazards. Installing non-slip flooring can also help prevent incidents. ENCOURAGE EMPLOYEES TO TAKE BREAKS Overworked or tired employees are more likely to make errors or cause harm to themselves or others. By encouraging reasonable breaks, it can help keep your workers alert and awake. FOR WORKERS There are also many things workers can do to increase their safety on the job. This includes: WEARING PROTECTIVE EQUIPMENT Safety goggles, earplugs, muffs, hard hats, and other protective equipment may not look fashionable, but it does play an important role in staying safe on the job. Wearing anti-slip shoes can also help prevent accidents. For drivers, it is important to wear your seatbelt. KEEPING YOUR WORK AREA TIDY Keeping your workspace organized and clear not only improves your workflow, but it can also keep you and your co-workers safe. Work with your employer to create a proper layout of your workspace with foot markings and stations for spills. If you discover a spill, clean it up immediately to prevent injury or accidents. It is also important to properly stack materials to avoid sliding and unnecessary obstacles. MAKING SURE EQUIPMENT IS REGULARLY INSPECTED When you use something day in, and day out, it is easy to let malfunctions go unnoticed. This is why it is important to have your tools, ladders, scaffolds, vehicles, and other equipment inspected and regularly maintained. Routine maintenance can go a long way in preventing avoidable accidents. DON’T TAKE SHORTCUTS It can be tempting to skip a step in a process to hurry it along, but taking shortcuts can result in costly accidents. Communicate with your team members and employer to ensure production instructions are well-organized and clear for all involved. This can help prevent unnecessary injuries. PRACTICING PROPER LIFTING TECHNIQUES It is important to know your physical limits for lifting and how to lift heavier objects properly. If you need help with a task, ask for assistance, or use equipment to help lift heavier loads. This will help prevent unneeded injuries and create a safer work environment for all involved. Chiariello & Chiariello is a personal injury law firm based in Glen Cove, NY. We serve clients across Long Island, New York City, and surrounding areas. To receive a free consultation and learn more about our services, please contact us today at (516) 360-2869.

KEEPING PEDESTRIANS SAFE THIS WINTER

According to the U.S. Department of Transportation, 6,283 pedestrians were killed in traffic crashes in 2018. While the cause of these accidents is varied, both drivers and pedestrians can take precautions to prevent and lower the rate of pedestrian accidents, especially in the cold winter months. FOR DRIVERS SLOW DOWN AND OBSERVE CONDITIONS In the winter, it is especially important to remain alert and observant while on the road. Keeping an inventory of your surroundings — other vehicles, pedestrians, and so on — is an essential part of reducing your chance of an accident. When inclement weather hits, it is natural to want to get home or to work as fast as possible, but in reality, this puts you at a higher risk of a collision or pedestrian accident. Slowing down and taking note of other cars and pedestrians in the road will keep you and those in and around your vehicle safer. SIDEWALKS MAY NOT BE CLEAR During snowstorms, public works employees work tirelessly to make sure roads, sidewalks, and other areas are cleared and safe for drivers and pedestrians. Unfortunately, it can be hard to keep up with rampant snowfall, and clearing roads often takes priority over clearing sidewalks. This can cause pedestrians to walk in the road. While it is recommended that pedestrians walk against traffic, many do not follow this rule, leaving them exposed in traffic. If you have to pass a pedestrian walking in the road, take care to slow down, and if you can, put extra distance between you and the walker. MAINTAIN COMMUNICATION There are several ways drivers and pedestrians can communicate, the most important being eye contact. If the weather conditions allow, try to make eye contact with any pedestrians to communicate who is going where on the road. BE CAREFUL BACKING UP As of May 2018, all newly manufactured vehicles sold in the United States are required to have backup cameras installed as a standard safety feature. While this feature is very beneficial for many drivers, it is important to do a quick visual check of your surroundings as you are backing up. Limited visibility from weather or from being bundled up may make it harder for a pedestrian to see your car, so take extra caution when moving out of your parking space. FOR PEDESTRIANS SEE AND BE SEEN Wear bright, reflective clothing. Whether you are taking a stroll around your neighborhood or walking home from work, as a pedestrian, it’s important to wear bright, reflective clothing. This helps alert drivers of your presence and can help you avoid an accident. Walk facing traffic. If conditions do not allow you to walk on the sidewalk, it is best to walk facing traffic. It can be daunting to have vehicles driving toward you, but this method allows you to see all cars on the road and anticipate if any are losing control. USE CROSSWALKS Drivers expect pedestrians at crosswalks, so it is best to cross streets at these designated points. It is important to look for vehicles coming from all directions. If you are unable to cross at a crosswalk, go to an area that is well-lit and gives you a good view of traffic. Allow yourself extra time to get across the street in slippery, snowy, or low-visibility conditions. MAKE EYE CONTACT Communication is key for telegraphing your way through traffic conditions. Making eye contact with drivers helps you establish who is going where and if it is safe for you to cross the street or move through a parking area. Don’t assume every driver sees you — get confirmation! STAY ALERT & BE AWARE OF YOUR SURROUNDINGS Many of us like to walk and listen to music or podcasts, but in winter weather, it is best to remain alert and aware of your surroundings. This means paying attention to incoming and outgoing traffic from driveways, parking spaces, and other roadways. If you are forced to walk in the road, keep your eyes on the road and off your phone. Seeing what drivers are doing around you can make all the difference in preventing an accident. Have you been in an accident? Wondering if you need to file a personal injury case? Count on Chiariello & Chiariello for the legal representation you deserve. Proudly representing clients across Long Island, Queens, and New York City. Call (516) 360-2869 today.

DO I NEED A PERSONAL INJURY LAWYER?

After an auto accident or workplace injury, you may be left with questions about your right to compensation. There are many misconceptions about personal injury cases and how to pursue them. One of the most prominent questions individuals have is if they need to hire a lawyer or pursue the claim on their own. BENEFITS OF HIRING A PERSONAL INJURY LAWYER While many individuals have filed insurance claims, not everyone has the skills and experience to protect their legal rights after an accident. Personal injury attorneys have expertise in a number of areas of the law and will guide you through the legal claims process. This includes filing all necessary paperwork, meeting legal deadlines, and making an effort to help you receive the compensation you deserve. WONDERING IF YOU NEED A LAWYER? ASK YOURSELF: HAVE YOU SUFFERED SEVERE INJURIES? One of the biggest factors in determining if you should hire a lawyer is what injuries you suffered. Your injuries influence the cost of your medical bills, time away from work, and the amount of compensation you may receive. For example, if you were involved in an accident and received minor injuries, filing a claim through your insurance company (or the other person’s) will often be enough to cover your medical expenses and the costs to repair your car. ARE YOU RECEIVING THE MAXIMUM AMOUNT AVAILABLE? An insurance policy will only pay out to its policy limits. So if the policy limit is $150,000 and you are receiving $150,000, it may not be worth taking additional legal action to pursue a higher amount. HOW HIGH ARE YOUR MEDICAL COSTS? After an accident, your medical costs are often the biggest hurdle you face. In no-fault states like New York, you do not have to prove to your insurance company that an accident was not your fault before receiving compensation. As mentioned above, if your injuries were minor, you may not need a lawyer to help you navigate receiving payment for your medical expenses. However, if you did suffer severe injuries and had to undergo extensive medical care, you can sue the other driver/party for compensation. TIMES WHEN AN ATTORNEY MAY BE NECESSARY MULTIPLE PARTIES WERE INVOLVED IN THE ACCIDENT You’ve heard the term “too many cooks in the kitchen,” and the same idea applies to personal injury cases. When multiple parties are involved in an auto accident, it can complicate things with the insurance companies, especially when liability is not clear. If multiple parties are involved, it may lessen the amount of settlement money you can receive, especially if you are deemed liable. YOU HAVE SUFFERED LONG-TERM INJURIES OR PERMANENT DISABILITY If your accident resulted in you needing long-term care or with permanent disabilities, it is crucial to contact a lawyer. An experienced attorney will help you determine how your injuries are affecting your life and future income. While your insurance company may offer a settlement amount, it may be in your best interest to pursue further forms of compensation for your losses and injuries. THE INSURANCE COMPANY REFUSING TO PAY In some cases, an insurance company will refuse to make a settlement offer. If your insurance company (or that of other parties involved in your accident) is refusing to pay, it is important to seek legal counsel. Your attorney will work to help you receive the recovery you deserve after an accident. Chiariello & Chiariello is a law firm based in Glen Cove, NY. Have questions about personal injury claims and cases? Give us a call at (516) 360-2869 today!

SIGNS OF NURSING HOME NEGLECT & ELDER ABUSE

Deciding to move a loved one into a nursing home is a big decision. For many, it means giving up their home, comfortable surroundings, and the routine they have has for many years. However, for many older adults, living in a nursing home helps them enhance their quality of life. It removes the stress of having to manage a household, healthcare appointments, and more. When a nursing facility is well-run, it is a blessing to both the residents and their families. It provides individuals with a safe, healthy living environment, social activities, healthy food options, and access to the care they need when they need it. However, when a facility fails to meet the appropriate standards, it can lead to neglect and abuse of residents. KEEPING YOUR LOVED ONES SAFE & HEALTHY Moving into a nursing home is an act of trust. You and your family put trust in the facility staff to care for your loved one and keep them safe. It can be difficult to trust that others will give your loved one the proper amount of care and attention. This is what makes elder abuse, or nursing home negligence cases, so heartbreaking — it is not only a betrayal of trust to the resident, it is a betrayal to their families. Fortunately, there are ways to prevent nursing home negligence and identify the warning signs that your loved one is being mistreated. MAKE VISITING A PRIORITY Moving into a nursing facility is a major life change for both the resident and their families. It is important to make visiting a priority. Regular visits help you maintain your relationship with your loved one but also gain an understanding of the quality of care offered. Varying the times and days of your visit will expose you to the performance and attitude of the care staff at different shifts! ASK QUESTIONS & ACT AS AN ADVOCATE If you have played a role in designing a care plan for your loved one, it is important to follow up with the facility to make sure they are receiving the care they deserve. During admission, the facility staff should review the resident’s rights and your rights as a resident’s representative. Knowing what rights you have as an advocate for your family member one can help prevent negligence and create accountability for the facility. BUILD RELATIONSHIPS Getting to know the team caring for your loved one can go a long way. Not only does it help to create familiarity between your family and the facility staff, but it can also help the staff get to know their residents better. When the staff has a better idea of what your loved one likes and dislikes, it can help them provide more personalized care. In addition, it is important to recognize when the staff is doing a good job. IDENTIFY THE WARNING SIGNS The most important factor in identifying and preventing abuse is remaining active in your loved one’s life. Also, you should learn the signs of nursing home abuse, and if your loved one is affected. Signs to Look Out For: Bruise marks anywhere on the body Isolated personality Lack of interest in social events Visible weight loss Lack of medical aids such as medication, glasses, walkers, and so on Basic hygiene issues Sunken eyes Skin breakdown & bed sores Frequent falls Signs of restraints Extended drowsiness Dried and cracked lips Vacant stares SUSPECT ABUSE OR NEGLECT? REACH OUT & TAKE ACTION We understand the sensitive nature of these cases. If you suspect your loved one is a victim of nursing home neglect, do not hesitate in taking steps to ensure their safety. By remaining proactive about their health and wellbeing, you can improve their quality of life and living situation. For those looking to receive legal counsel on nursing home abuse and negligence, Chiariello & Chiariello can help. Our attorneys have over 50 years of experience in proving fault and standing up for the rights of the injured and vulnerable. To schedule a consultation, please contact us today at (516) 360-2869.

STAYING SAFE WITH MOTORCYCLES ON THE ROAD

May is Motorcycle Safety Awareness Month, and while the month is coming to a close, it’s never too late to brush up on how to stay safe on the road. Whether you are dusting off your motorcycle for summer or prefer to stay within the air-conditioned comfort of your car, staying safe on the road with motorcycles is a two-way street! TIPS FOR MOTORCYCLISTS CHOOSE THE RIGHT HELMET, JACKET, AND EQUIPMENT Your safety gear does more than make riding more comfortable — it can help you been seen by motorists and keep you protected while you’re on the road. Today’s market is filled with helmets of all shapes and sizes, and in the event of an accident, it can potentially save your life. A reflective safety jacket or vest allows drivers to see you better every hour of the day. SLOW DOWN & BE SEEN Riding a motorcycle is an exhilarating experience, but it’s important to be on constant alert of your surroundings and intentions of others on the road. Most motorcycle accidents are caused by driver error, so it is important to do your part to be seen while you are out on your bike. This means riding within a driver’s line of sight and making sure you are not situated within any blind spots. It is also important to maintain caution at stop signs and intersections, where half of all vehicle/motorcycle collisions occur. USE YOUR HEADLIGHTS DAY & NIGHT Like the reflectors on a bicycle, your headlights help alert drivers you are approaching and helps them adjust their course accordingly. Using your headlights during the day helps establish your right of way and helps your remain conspicuous on the road. OBEY THE RULES OF THE ROAD While you may have a more nimble and lean ride, remember the easiest way to be seen on your bike is to stay in the appropriate lanes, avoid riding on the shoulder, and use the appropriate turn signals or hand signals when merging into another lane. IT’S NEVER TOO LATE TO BRUSH UP ON YOUR SKILLS Interested in becoming a better rider? Need to brush up on your skills? Consider taking a class through the Motorcycle Safety Foundation. They offer classes for every skill set, from beginning riders to those looking to master the specifics of their motorcycle. Visit their website for more information on local course offerings, class information, and more. TIPS FOR DRIVERS CHECK YOUR BLIND SPOTS Chances are you have uttered “They came out of nowhere!” at least once while behind the wheel of your car. While it seems like motorcycles can appear out of thin air, there is a good shot they were actually in your blind spot. It is a motorcyclist’s job to make sure they are visible and avoid cruising within a vehicle’s blind spot, but you can do your due diligence and check that space for bikers when merging lanes or passing vehicles. It is also important to make sure your side view mirrors are properly set to increase visibility of the spaces outside your car. KEEP YOUR DISTANCE It is never a good idea to follow a vehicle too closely, but when sharing the road with motorcyclists, you should maintain a safe following distance, especially at night. Motorcycles react more quickly than cars to braking, so increasing the span between you and the motorcyclists allows you to both appropriately slow down and react to what is in front of you. Also remember, a motorcyclist’s brake lights might not always be engaged when a motorcycle decelerates. CHECK THE WEATHER & CONDITIONS Compared to a motorcycle, your car is essentially anchored to the ground by its weight and tires. What may seem like a nuisance to you — heavy rain, gravel, fog, and so on — can be treacherous and almost impossible for a motorcyclist to travel through. When the weather takes a turn or you hit patches of road construction, keep in mind that riders will need to make adjustments to their riding style in order to remain safe and visible on the road. USE YOUR BLINKERS There may be no one approaching in the left lane, but using your blinker lets all others on the road know your intention to change lanes. While this maneuver may seem like nothing to you, as you increase speed, it causes a gust of wind which can cause a motorcycle to become unstable and blow the rider off the road. By announcing your intention to change lanes, it allows the rider to prepare for potential changes in conditions. ACCIDENTS HAPPEN. CHIARIELLO & CHIARIELLO IS HERE TO HELP For two generations, the attorneys at Chiariello & Chiariello have represented clients across Long Island and New York City in personal injury and accident cases. We work diligently to provide each client with fair, reasonable representation and quality results. We care about helping you get back on the road and back to enjoying your life. To receive more information about our vehicle accident services, or to schedule a consultation, please contact us today at (516) 360-2869.

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields