Girvin & Ferlazzo, PCGirvin & Ferlazzo, PC2023-06-12T14:13:12Zhttps://www.albanyinjuryattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1503467/2022/06/cropped-site-identity-32x32.jpgOn Behalf of Girvin & Ferlazzo, PChttps://www.albanyinjuryattorney.com/?p=472062022-12-19T20:11:57Z2022-12-19T20:11:57ZFault and liability for the accident that resulted in your injury
If the other party was solely responsible for the accident that resulted in your injury, then you may be entitled to recover 100 percent of the costs of the resulting damages. For instance, if the other driver, being drunk, rammed into you at the traffic stop, then they may be solely responsible for the accident.
However, if you contributed to the accident in some way, then the damages you are entitled to will likely be reduced. This is because New York applies what is known as the comparative negligence statute when determining fault. Basically, this means that your compensation amount will be reduced based on your contribution to the accident that caused your injuries. For instance, if it is established that you were responsible for the accident and your sustained damages amounted to $10,000, then you will only recover 70 percent of the damages (or $7,000).
The nature and severity of your injuries
A car crash accident can leave you with a variety of injuries. While you may fully recover from certain injuries with proper treatment, others like injury to the spine or brain may be life-altering.
Generally, more severe injuries that require long-term care will attract larger settlement amounts than less serious injuries.
If you are involved in a car accident that is not your fault, you deserve justice. Knowing your legal rights is key to pursuing the damages you are entitled to following an injury that is attributable to someone else’s negligence.]]>On Behalf of Girvin & Ferlazzo, PChttps://www.albanyinjuryattorney.com/?p=471802022-09-26T18:08:54Z2022-09-26T18:08:54ZWalking home from the bar
Everyone knows drunk driving is dangerous, but drunk walking can be equally unsafe. Research into fatal pedestrian crashes shows that more than a tenth (13%) involve drivers under the influence.
In another 32% percent of fatal pedestrian crashes, the pedestrian has an elevated amount of alcohol in their bloodstream. Sometimes, both the driver and the pedestrian are under the influence. Impairment increases your risk of getting hurt while walking.
Walking while distracted
You likely realize it is unsafe to text at the wheel, but you may not think anything of picking up your phone to check your notifications when you walk around your neighborhood.
Indulging in distraction when you walk might mean that you don't notice oncoming traffic or that you make an unsafe decision. Especially when you are on or about to cross the road, you'll need to focus your eyes and mind on your surroundings for safety's sake.
Walking when there is low light or against a traffic signal
A lack of visibility can easily increase your risk of a crash. Drivers often don't watch properly for pedestrians to begin with, and once the light is low, they may fail to spot people near the road or on the shoulder.
Although you may not be able to avoid walking after dark or during transitional times of the day, you can potentially carry lights or choose an illuminated path so that drivers will easily see you on the streets. Furthermore, pedestrians who walk against traffic signals or off designated crosswalks risk even less visibility as motorists are not expecting pedestrian traffic.
Understanding ways that pedestrians contribute to their own risk can help you prevent a potentially severe pedestrian collision.
]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=470472022-08-25T14:52:46Z2022-08-25T14:52:46ZThe other driver's policy may be insufficient
The driver who caused your crash should have insurance coverage, so you can make a claim for your vehicle damage costs and lost wages after the crash. However, their coverage might be far lower than you might expect.
The state only requires $10,000 in property damage liability coverage. If the other driver doesn't invest in more insurance than that, it may be a struggle to pay for your vehicle repairs. If you have to replace the vehicle, it will be even more expensive.
Evaluating your personal coverage can help
As someone who is on the road frequently, you have a greater risk than many other drivers of being in a crash. You may want to increase your overall coverage. Investing in greater coverage and also in more forms of coverage, like underinsured motorist protection, can help you pay your bills after a collision. If the other driver is to blame but does not have enough insurance, your policy can help.
You can take the other driver to court
You can potentially help keep your own insurance costs more reasonable if you file a lawsuit in civil court instead of making a claim against your own policy. Identifying and preparing for your increased car crash risks as a delivery driver can help you protect yourself from the loss of your most important job tool and therefore your income.]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=470442022-08-25T14:50:05Z2022-08-09T15:58:00ZIf you or a loved one has been harmed by a doctor’s mistake or negligence, you likely expect them to offer some kind of apology. If you’re in New York, that may not happen – even if they’re obviously at fault.
That’s because New York is one of a minority of states that doesn’t have what’s known as an “apology law.” These laws vary by state. However, the idea behind them is that when doctors can feel free to apologize (which is often a natural response), it can assuage some of the anger felt by patients and their families. It has also been shown to reduce medical malpractice actions – provided that it’s handled properly and accompanied by an explanation of what happened.
The scope of apology laws varies
Apology laws typically state that a medical provider’s apology or other expressions of sympathy or compassion can’t be used against them in legal actions. Some states still allow any admission of fault made during an apology to be used. (“I’m sorry that I went through with your surgery even though I’d been drinking all night.”) However, a more generic apology (“I’m sorry that you’re in more pain since the surgery.”) would be inadmissible.Some states have broader apology laws that protect what a provider says as part of an apology from being used against them. Of course, patients can still get evidence of negligence or wrongdoing from other sources beyond what a doctor said directly to them.
Pay attention to everything your medical providers say
As noted, New York doesn’t have an apology law. That means any apology made by a provider may be used against them. Of course, if there’s no evidence of negligence or error on their part and they simply said they were sorry that things didn’t turn out better, that’s not enough for a malpractice action.Depending on the type of error and how much harm was caused, no apology can make it right. A malpractice suit can provide justice and compensation and possibly save others from similar harm. It’s important to keep track of everything medical providers say to you after a potential incident of malpractice and provide that information to your legal team.]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=470412022-07-27T01:26:59Z2022-07-27T01:26:59Zmedical treatment after a New York car accident – even a minor one – is something you should do, no matter the situation. Some of the reasons medical treatment is essential can be found here.
Find hidden injuries
When you’re involved in an accident, the chemicals produced in your body can mask the pain and symptoms of a more serious injury. This is your body’s trauma response to the accident. However, a few days or weeks later, symptoms might appear and likely be much worse because they have gone untreated for so long.
When you seek medical treatment after an accident, the doctor knows what tests to run to ensure there are no hidden injuries that need treatment. This helps ensure you don’t suffer more serious issues down the road.
Proof of injuries if you file a lawsuit
Do you plan to hold the at-fault party responsible for your damages and injuries? If so, having medical documentation of what happened is invaluable. This provides proof of your injuries, treatment plan, and treatment costs. It can also provide insight into the long-term effects of the injuries you suffer.
Protecting your legal rights after a car accident
It may be tempting to put off medical treatment after a minor car accident, but this isn’t a smart move. The longer you wait to seek medical treatment, the worse your injuries may become. Also, prompt medical attention gives you proof of your injuries and can help you secure the compensation you deserve from the at-fault party.]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=470392022-07-19T20:11:16Z2022-07-19T20:11:16ZWhat’s wrong with driving slowly?
Many people who drive slowly think that they’re being safe. Maybe they’re nervous. Maybe they’ve been in a car accident before. They believe that slowing down is a way to limit injuries and reduce the odds of crash. Unlike a speeding driver, who knows that they are being at least somewhat reckless, a slow driver may honestly believe that what they're doing is safe.
But driving too slowly forces other traffic to react to you. You could be re-ended by a driver who doesn’t realize you’re not also driving with the flow of traffic. Even if you don’t get rear-ended, if you’re on an interstate, you force other vehicles to slow down, change lanes and pass you. This can create traffic backups and can even lead to road rage. In all of these ways, a slow driver could be just as influential in causing a crash as a speeding driver.
Did someone else hit your vehicle?
There are many myths about how to drive safely, and one is that it is always safer to drive slower. As you can see, it is actually safest to move with the flow of traffic whenever you can.
But even if you drive perfectly at the speed limit and stay with the flow of traffic at all times, someone else can make a mistake that causes a crash. If they hit your vehicle and you suffer injuries, you need to know how to seek financial compensation.]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=470372022-07-14T19:37:47Z2022-07-14T19:37:47ZWere you treated with complacency?
It takes a lot of time and effort to become a doctor. Not only do you have to spend several years at college, but there is additional on-the-job training. In fact, the training never really ends. Unfortunately, some doctors cross the line from being confident to being complacent. Doctors have a responsibility to rule out all other possibilities and make an accurate diagnosis through thorough testing procedures. They can’t simply go with their gut. If a doctor takes shortcuts because they believe they have seen it all before, this could result in a misdiagnosis.
More than one person might be responsible
Medical teams have a heavy workload and they often have to share this among colleagues. Your care may have been the responsibility of a medical team rather than one person. While team operations can be more efficient, there is a danger that important information gets lost in translation. A breakdown in communication could lead to a misdiagnosis, which ultimately might put your life at risk.
If you’re misdiagnosed, this means that you will not get the treatment that you need. Ultimately, this can be life-threatening. If your medical misdiagnosis occurred due to negligence, then you may be entitled to legal compensation.]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=469832022-06-28T15:41:17Z2022-06-28T15:41:17ZStaying safe on the road and preventing accidents is every driver’s responsibility. One of the best ways to keep yourself and others safe is by practicing defensive driving tactics.
However, do you know what this means? Find out more about how defensive driving can help you and others stay safe while on the road.
Remaining aware of your surroundings
Defensive driving aims to ensure that you stay aware of your surroundings and what is happening around you. Awareness is key when it comes to preventing accidents. When you drive defensively, it means you pay attention to your actions, the road conditions and other drivers.
Making faster decisions
There’s no way to control what other people do on the road. However, when you employ defensive driving tactics, it will be easier for you to make fast, spur-of-the-moment decisions to keep yourself, your passengers and others safe.
Driving at safe speeds for the road conditions
When you drive defensively, you will learn how to judge the conditions and determine how fast or slow you should drive. While this can take time to learn, it’s a worthwhile skill since conditions like rain, snow and other hazards make driving slower than the posted speed limit necessary.
Staying safe on the road
Defensive driving is a smart strategy to employ to keep yourself and others safe. While this is true, it’s not possible to prevent all accidents that may occur. If you are involved in an accident caused by someone else, you have legal rights. One of these is to recover compensation for your losses and injuries. Be sure to stay safe on the roads and help keep others safe, too. ]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=468762022-06-20T19:16:24Z2022-06-20T19:16:24ZOpening a packet of chips is less complex but still engages you for some time
You must constantly reach with one hand, searching to find the bag perched between your knees or on the seat next to you, then bring that hand up to your face. If someone stepped out in front of you, you would take longer to react than if you were not engaged in eating.
Insurance Information Insitute statistics put distracted driving as a factor in 8% of fatal crashes during 2020. The number of non-fatal crashes is likely to be much higher. If someone injures you in a crash, get legal help to investigate if they were distracted.]]>On Behalf of Girvin & Ferlazzohttps://www.albanyinjuryattorney.com/?p=468742022-06-17T21:49:11Z2022-06-17T21:49:11ZMaking an apology
You might feel that you did something wrong to cause the crash, or at least contribute to it. You must still never say sorry or tell the other party or the police about your suspicions that you were to blame.
Attributing blame is the job of the police and the insurance adjusters. Yes, you might have done something wrong, but you cannot be sure what the other driver did. If their insurer knows you said sorry, they will try to use that to reduce the compensation you get.
Leaving the scene or failing to call the police
It is a legal requirement to ring the police after most crashes, and if you do not or do not wait until they get there, you could face additional legal charges. Besides, not all injuries are immediately apparent. So while you and the other party might think you are fine, a claim could arise when one of you realizes you were injured or claiming is crucial to cover the damage.
Failing to see a doctor
Some crash injuries will be immediately apparent. Others may take hours, days or weeks to show. Unfortunately, those can be among the most serious. For example, there may be no apparent signs of a brain injury. Or you might not realize you have damaged your spine and that it would only take a tiny jolt to leave you paralyzed.
Trying to handle things alone
Car crash claims are complex, and going it alone weakens your chances of getting the compensation you need.]]>