Partition Actions in New York State
Partition actions in New York refer to legal proceedings undertaken to divide jointly owned real property among its co-owners. When multiple individuals share ownership of a property and cannot agree on its use, management, or sale, a partition action can be initiated to resolve the issue. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately.
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.
Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a prima facie case of negligence by showing that the injury or harm suffered would not have occurred in the absence of negligence on the part of the defendant. The Latin phrase “res ipsa loquitur” translates to “the thing speaks for itself,” and the doctrine is based on the idea that some events are so inherently improbable that they would not have occurred in the absence of negligence.
Under res ipsa loquitur, the plaintiff does not need to prove the specific act of negligence that caused the injury or harm. Instead, the plaintiff must show that the injury or harm was the type of injury that does not normally occur in the absence of negligence, that the defendant had control over the instrumentality or circumstances that caused the injury or harm, and that the plaintiff did not contribute to the injury or harm.
Res ipsa loquitur is often used in cases involving medical malpractice, where the plaintiff may not have direct evidence of the specific act of negligence that caused the injury, but can show that the injury would not have occurred in the absence of negligence. For example, if a patient wakes up from surgery with a surgical instrument left inside their body, res ipsa loquitur may be used to establish a prima facie case of negligence.
While the doctrine of res ipsa loquitur can be a useful tool for plaintiffs, it is not a guarantee of success in a negligence case. The defendant may still present evidence to rebut the presumption of negligence and show that the injury or harm was not caused by their negligence. Additionally, some jurisdictions have limited the application of the doctrine in certain circumstances, such as when the injury or harm was caused by a natural event or when the defendant’s conduct was not within their control.
If you have been injured by malpractice or any act of negligence, give us a call and we can help guide you through the process to ensure your rights are protected – 516-810-8100.
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
DO I NEED A REAL ESTATE LAWYER IN NEW YORK?
The weather is heating up — and so is the housing market. Whether you’re looking to sell your property or are shopping for your first home, spring and early summer are typically a peak time for home sales. More homes are put on the market during this time of year, which creates more opportunities for both buyers and sellers.
Deciding to buy or sell a home is one of the biggest financial decisions you will make. Real estate transactions can be long and complicated, so it is important to work with experienced professionals to ensure your process is as smooth as possible. Connecting with a qualified, savvy real estate broker or agent is as easy as conducting an internet search or visiting a listing website. What can be more complicated — and often overlooked — is finding a good real estate lawyer.
WHY DO I NEED A REAL ESTATE ATTORNEY?
Your real estate agent or broker can help you find the perfect home or buyer, but they cannot provide you with legal counsel or advice. Your attorney, however, can help you structure your deal and ensures you have the resources and information you need to understand where you are at through every part of the home buying or selling process.
If you are buying or selling a home in the state of New York, it is required that you work with an attorney to process all contracts and represent you at the closing. In addition, your attorney will assist you by:
- Preparing the first draft of the sales contract
- Finalizing the contract between the buyer and seller
- Helping process the downpayment for your home
- Ordering a title report for the property
- Helping you communicate with lenders and gather the appropriate documents
- Helping you calculate the costs associated with your purchase and what is due at closing
- Advising you on the documents you are signing, including the deed, transfer tax returns, and mortgage documents
WHY IT IS IMPORTANT TO WORK WITH A LOCAL REAL ESTATE ATTORNEY
In real estate, location is everything, and this idea extends to the professionals you hire to guide you through the home buying and selling process. By working with a local attorney, you can count on receiving advice and feedback from someone who lives, works, and is invested in your community. Your real estate agent or broker may have recommendations for attorneys to work with, but you are not required to work with a specific lawyer.
While New York State has overarching laws and regulations, a local attorney will have the knowledge and experience to help you navigate any town, county, or city laws that may affect your transaction. In addition, working with an attorney with knowledge of the local real estate market is always beneficial to both buyers and sellers alike.
WHAT SETS CHIARIELLO & CHIARIELLO APART FROM THE REST
Chiariello & Chiariello not only represents clients in real estate transactions — we have firsthand experience in residential property sales and property development, giving us unique insight into the challenges and experiences facing our clients. We have experience handling real estate transactions of every size, and our attorneys are here to protect your rights and financial health.
Our firm is based in Glen Cove, NY, and serves clients across Long Island, Queens, Brooklyn, and New York City. For two generations, we have provided trusted real estate representation. To receive more information about our real estate services, or to schedule a consultation, please contact us today at (516) 360-2869.
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!
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.
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.
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