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!

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For most healthy individuals, it is recommended they visit the dentist twice a year for check-ups, cleanings, and exams. Because of this, it is common that patients will see their dentists more than they see their primary care doctors.

>> Contact Chiariello & Chiariello by clicking here for a dental malpractice legal consultation. <<

As with any other healthcare profession, dentists must uphold specific ethical standards and moral codes. They must provide safe, effective care to their patients. You deserve the assurance that every time you sit in the dental chair that you are receiving the care you need from a committed professional.

WHAT ARE GROUNDS FOR A DENTAL MALPRACTICE SUIT?

In general, dental malpractice suits refer to injuries caused by a dental professional’s negligence. This includes failure to detect oral cancer or periodontal disease; permanent injuries to the jaw, chin, lips, or tongue; unnecessary extraction of multiple teeth; or even wrongful death.

PREVENTION IS THE KEY TO AVOIDING MALPRACTICE CLAIMS

Like maintaining good oral health, preventative care is the key to avoiding dental malpractice suits. This idea applies to both patients and providers. By taking steps to improve your dental services — or recognize when you need a new provider — it can lessen the need for legal action.

FOR PATIENTS

CHOOSE A PROVIDER YOU’RE COMFORTABLE WITH

Feeling comfortable at your dentist’s office can make all the difference in your quality of care. When you feel safe and secure, it encourages a better dialogue with your provider. If you are looking for a new dentist or need a dental specialist, do your homework! Take the time to research providers in your area to see who has a good reputation and the credentials to provide the care you need.

DON’T BE AFRAID TO GET A SECOND OPINION

The American Dental Associations recognizes ten separate dental specialties and their certifying boards. While your general dentist is no doubt skilled, it is also possible that there are procedures that are out of their scope of practice. Receiving a second opinion on a proposed treatment can help you — and your provider — gain the peace of mind that you are receiving the care you deserve.

FOR PROVIDERS

BUILDING LAST RELATIONSHIPS IMPROVES THE QUALITY OF CARE

Because dentists see their patients more frequently, it provides them with the opportunity to build deeper relationships. Many malpractice cases are a result of miscommunication between the patient and provider. By taking steps to get to know your patients, it can improve your in-office atmosphere and the quality of care.

When patients feel genuinely cared for, it encourages them to speak honestly about their needs and goals for their smile. In turn, providers are able to manage expectations and make recommendations for treatments that help them reach the milestones they’re aiming for.

REFERRALS ARE INVESTMENT IN YOUR PRACTICE

It’s okay if a procedure or situation is out of your realm of expertise. Offering a referral to a dental specialist is an investment in your quality of care. It helps you maintain honesty with your patients and provide them with the solutions they deserve.

Chiariello & Chiariello is based in Glen Cove, NY, and offers legal services to clients across New York City and Long Island. To schedule a consultation, please contact us today at (516) 360-2869.

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Remodeling or renovating your home is an exciting yet sometimes stressful experience. It is your chance to bring new life to your space and add value to your property. Embarking on a home improvement project is a big decision and one that can be further complicated if you need to hire someone to complete the work.

Finding the right contractor can be a challenge. You are counting on them to care for and improve your home. Furthermore, you are trusting them to work efficiently and effectively so you and your family can return to your lives without interruption. It is essential to choose a contracting team that can complete the project on time and within budget.

MALPRACTICE CASES ARE NOT LIMITED TO DOCTORS & LAWYERS

While cases against medical providers are certainly most associated with malpractice, professional malpractice cases can extend to any vocation. When a builder or contractor has not completed the work agreed upon, has damaged a home or building, or compromised its safety, the owner may have grounds to file a malpractice suit. However, steps can be taken at the beginning of the home building or remodeling process to vet contractors properly.

KNOW WHAT YOU NEED TO BRING YOUR VISION TO LIFE

Whether you are building a new home, creating an addition, or remodeling existing spaces, it is essential to know what your project will entail. This includes projected cost, completion time, and materials needed. While you certainly do not have to have top-to-bottom knowledge on what will go into your project, having an understanding of the time, labor, and costs involved will help you better identify a contractor to fit your needs.

HAVE THEY OBTAINED THE APPROPRIATE PERMITS?

Filing for building permits not only ensures your project complies with local zoning, construction, and land use codes — it holds your contractor or builder to a certain standard of safety and quality. Starting a project without the appropriate permits can result in fines for the homeowner. If your contractor hesitates to file for the appropriate permits, it may be a red flag — securing permits is part of their job and the bidding process.

ARE THEY LICENSED, BONDED, AND INSURED?

While not every trade requires licensure, it is important to work with contractors who are bonded or insured. When contractors invest in contractor’s insurance or a contractor’s bond, it ensures you are protected in the event of damage to your property, failure to complete a job, or other factors. Before you hire a contractor, verify if they are required to have a license, and ask for proof of insurance or bonds.

HOW LONG HAVE THEY BEEN IN BUSINESS?

When it comes to project management, budgeting, and remodeling, experience matters! Working with a contractor who has an established reputation, portfolio, and repertoire is important. With time comes an enhanced ability to manage budgets, deadlines, and obstacles that arise.

WHERE DID THE REFERRAL COME FROM?

Did your neighbor refer you to a particular contractor? Alternatively, did you find them through internet research? If you received a word-of-mouth recommendation, it is important to clarify what the referrer hired the contractor for. Many contractors may be able to handle a wide range of project types, but it is important to pay attention to what their specialties or special interests are.

WHAT SUPPLIERS DO THEY WORK WITH?

The lumber yards, wholesale supply houses, and manufacturers your contractor works with can give you insight into the quality of their work. When contractors use the best materials and have good relationships with their suppliers, it is a testament to the quality of their work and service they provide to their customers.

WHAT ARE GROUNDS TO FILE A PROFESSIONAL MALPRACTICE SUIT?

One of the most common factors in filing a malpractice suit against a contractor is a failure to fulfill a contract. Having a written agreement between you and your contractor provides you with expectations for your project and an outline of services rendered. When a project is not completed, results in injury or economic loss, or creates liabilities, it may give you grounds to file a malpractice suit.

WE PROVIDE SOLUTIONS YOU DESERVE

Chiariello & Chiariello is based in Glen Cove, NY, and serves clients across Long Island, New York City, and surrounding areas. We offer free consultations and case evaluations to new clients. Our firm has extensive experience in personal injury, professional and legal malpractice cases. If you would like to explore your options and have us review your case, please contact us today at (516) 360-2869.

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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.

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With each passing year, the medical field makes new discoveries and advancements to increase the level of care we receive when we visit our physicians. As the availability of information and technology increases for providers, it changes lives, lifelines, and treatment plans for countless individuals. When medical care is done right, it gives us hope and faith in our doctors and their ability to care for and improve the lives of those in their charge.

Unfortunately, miscommunication and errors can occur within any practice, so it is important for both patients and providers to take steps to prevent malpractice claims. We have outlined below ways to minimize medical malpractice claims and improve the quality of care given and received.

BUILD RELATIONSHIPS & CREATE TRUST

From a customer service perspective, good healthcare begins and ends with building relationships and trust between a patient and their physician. As patients, we put faith in our providers to offer honest care and personalized treatments. It is the expectation to receive care underlined with concern, kindness, and respect.

Providers are charged with offering patients a space and relationship where they feel open and comfortable sharing information about their bodies and health. While each provider may care for dozens of patients each day, one of the most important things they can do to foster great patient relationships is to make every individual in their care feel as if they are the only priority.

COMMUNICATION IS KEY

While medical errors do occur, in many cases, medical malpractice suits are filed due to poor communication and misunderstanding between the patient and provider, making your interactions all the more important.

A good doctor will advocate for you, your health, and your right to the treatment you deserve. While it can be embarrassing and hard, it is important to provide your doctor with an honest assessment of how you are feeling or responding to treatments or their recommendations. It is important to ask questions and for clarification when needed. You know more than anyone what it’s like living with your body, mind, and spirit — your doctor cannot provide accurate care unless you are being open and honest in what you are experiencing.

In return, physicians must take steps to establish strong relationships with their patients. This requires patience and understanding — patients often need help to understand the cause/effect relationship of the care and treatments they receive. By focusing on fostering positive connections with patients, it creates an encouraging, honest, and empathetic relationship between both patient and provider.

YOUR DOCTOR IS HUMAN TOO

While your physician is an expert in their field — they have the degrees and time spent to prove it — it is important to remember they are also human, and sometimes they make mistakes. This is not to say your doctor should be unprofessional, rude to you, or careless in their work. However, it is vital to remember they have their own worries, life, and family outside of the office or hospital. Compassion is a two-way street and it can make all the difference in ensuring you receive the care and treatment you deserve.

USE EHR & ONLINE PORTAL TO YOUR ADVANTAGE

The incorporation of electronic health records (EHR) and online systems into facilities is usually a positive move for both patients and providers alike. It allows providers to easily share notes and comments with outside specialists and can provide patients with a portal to view their health records, request medication refills, and communication with their physicians, and so on.

Each of these systems is designed to improve efficiency within a practice or hospital while providing patients access to their records and notes from their doctor. When used properly, EHR offer complete records of a patient’s care, the recommendations provided, and actions taken to help improve their health and wellbeing. When physicians record comprehensive notes and evaluations, it can aid them in the event they are sued for malpractice.

However, it is important for providers to remember these are just tools and using an EHR system cannot replace developing a bond with your patient. It is common for patients to feel their doctor spends too much time typing notes on the computer, rather than speaking with them about what they are experiencing. While taking notes is important, making sure your patient feels heard is just as vital.

DEFENDING YOUR RIGHTS IN A MEDICAL MALPRACTICE CASE

No one wants to be involved in a medical malpractice case, but if you need legal representation, Chiariello & Chiariello is here to help. For two generations, our family-owned law firm has helped families and individuals across Long Island and New York City defend their rights and work towards financial recovery after medical negligence. We represent clients in highly complicated medical malpractice cases and truly advocate for their needs.

To receive more information about our medical malpractice representation or to schedule a consultation, please contact us today at (516) 360-2869.

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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.

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Using public transportation can be a great way to save money or reduce your carbon footprint; however, it can also be dangerous. Bus accidents affect people across the country each year. If you’re involved in an accident, here’s what you need to know.

BUS ACCIDENTS IN NEW YORK

Public transportation can be a fantastic way to get around your city. In fact, according to the American Public Transportation Fact Book, in 2016, passengers traveled more than 58 billion miles using public transportation in the United States. Buses today are designed to be comfortable and easy for passengers to use. Most buses include handicap-accessible options and many also include amenities such as Wi-Fi or bike racks. It’s important to understand, however, that riding the bus does carry with it certain risks. Like any motor vehicle, it’s possible for a bus to be involved in an accident. An accident could be minor or it could be quite serious. Before you ride the bus in your city, there are a few things you need to know.

WHAT SHOULD YOU DO AFTER AN ACCIDENT?

If you or someone you love is involved in an accident while riding the bus, make sure you document the incident as carefully as possible. You need to seek medical care for any injuries you may experience as promptly as you can. You should also speak with the police to make sure the accident is carefully documented. It’s also a good idea to take pictures of the accident. Note the date, time, and location the accident occurred, as this information will be vital later on, especially when it comes to determining the statute of limitations for the accident. Always meet with an attorney promptly, as well, to talk about your options for seeking compensation.

PREVENTING BUS ACCIDENTS

While no one can completely prevent automobile accidents, it’s possible to reduce your risk by choosing reputable bus lines who have their vehicles serviced on a regular basis. This can help minimize the chance of a flat tire or vehicle malfunction that can lead to an accident. If you are a pedestrian or cyclist in a busy city, make sure you wear safety gear and pay attention to your surroundings. Always follow the rules of the road in order to minimize your chances of colliding with a bus.

If you’ve been involved in a bus accident, you may be entitled to compensation. Damages may be awarded to you in order to help you cover your associated medical expenses. Additionally, if you have lost wages or been fired from your job due to your accident, you may be entitled to further compensation. An auto accident attorney can help you during this time, so call today to schedule your consultation. Whether your bus accident happened today or a few months ago, don’t hesitate to reach out and seek assistance from an attorney who can guide you through the legal process after your accident.

INVOLVED IN BUS ACCIDENT? TALK TO CHIARIELLO & CHIARIELLO

Whether you’re hurt traveling in a bus or involved in a crash with a bus, 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. Talk to us at (516) 360-2869 today. We are happy to answer any questions you may have.

Resources:
https://www.apta.com/wp-content/uploads/Resources/resources/statistics/Documents/FactBook/2018-APTA-Fact-Book.pdf
https://www.apta.com/research-technical-resources/transit-statistics/
https://injuryfacts.nsc.org/motor-vehicle/overview/introduction/

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