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When Should You Contact an Injury Attorney in Middletown, NY?

Thu, 30 Apr 2026 18:59:32 GMT

Suffering an injury can completely turn your life upside down, affecting not only your physical health but also your emotional well-being and financial stability. Whether the injury results from a car accident, a slip and fall, or an unexpected incident at work, knowing exactly when to seek legal assistance is critical to protecting your rights and ensuring you secure fair compensation for your losses. For residents of Middletown, NY, understanding the right time to consult a legal professional who specializes in personal injury cases can make all the difference in your overall recovery, as well as your peace of mind during a challenging time. This guide aims to explain the key moments when reaching out to a trusted advocate is essential and how that support can help you effectively navigate the often complex legal landscape.

When to Reach Out to a Legal Expert After an Accident

Not all injuries require immediate legal attention, but certain situations demand prompt action to ensure your interests are protected:

Following Car Collisions

Automobile accidents are among the most frequent causes of personal injuries. Even if you feel fine initially, some injuries might develop later, and insurance claims can become complicated fast. It is wise to contact an experienced legal professional early to safeguard important details such as photos, witness accounts, and medical reports. This approach ensures your rights remain intact while your advocate helps manage communication with insurance providers and the legal system.

After a Slip and Fall Incident

Whether it happens at a retail store or on public property, slip and fall accidents can result in substantial injuries. If hazardous conditions led to your fall, a legal representative specializing in such cases can help establish negligence and hold the responsible parties accountable. Early consultation is essential to collect evidence and secure documentation before it’s lost or altered.

When You Suffer Injuries at Work

Workplace injuries often involve unique challenges. Knowing when to consult a legal professional in this area is vital because your rights may involve workers’ compensation or claims against third parties who caused unsafe work conditions. Legal counsel experienced in workplace accidents can clarify your options and assist you through complex claim procedures.

The Importance of Early Legal Guidance

One of the most common mistakes injured parties make is delaying contact with an injury attorney. Early legal guidance is crucial for several reasons:

Preserving evidence: Over time, evidence can be lost or altered. An attorney knows what evidence is important and works quickly to secure it before it disappears.
Protecting your rights: Insurance companies may attempt to minimize your claim by pressuring you to accept a low settlement or by questioning your version of events. An attorney ensures your rights are presented firmly and fairly.
Clarifying complex processes: The legal and insurance worlds involve complicated paperwork, deadlines, and legal standards. Early involvement of an attorney reduces confusion and stress by explaining the process step by step.
Maximizing compensation: The sooner you involve an injury attorney, the better they can assess your case value and advise you on realistic settlement goals and possible trial options, if needed.

How a Personal Injury Attorney Supports Your Case

Engaging a skilled personal injury professional in Middletown, NY, provides crucial assistance and reassurance throughout your legal journey. Navigating the complex world of injury claims can be overwhelming, but having an experienced advocate by your side ensures that every aspect of your case is handled with the attention and expertise it deserves. Here’s how a trusted legal expert supports you step by step:

Case evaluation: Your attorney reviews your accident specifics and injury severity to assess liability and claim viability. For further insights, see What is a typical personal injury case?
Insurance negotiations: Legal counsel handles insurer communications to prevent premature settlements that do not reflect your true damages.
Claim preparation and filing: Ensuring all paperwork meets legal requirements is essential. Your representative files claims and, if necessary, initiates lawsuits to meet deadlines.
Evidence collection: From medical records to expert testimonies, your attorney gathers necessary proof to strengthen your claim.
Settlement discussions: Most cases settle before going to court. Experienced legal negotiators work diligently to achieve the best possible outcome for you.
Trial representation: If settlement attempts fail, your advocate will prepare thoroughly and represent your interests in court.

Explore more about the claims process on our personal injury page.

Taking the Next Step: Contact a Trusted Injury Attorney in Middletown, NY

If you have been injured in Middletown, NY, do not wait to seek professional legal advice. Contacting an experienced injury attorney early can make a significant difference in the outcome of your case. At Schonberg Law Offices, our dedicated team understands the challenges injured individuals face and is committed to guiding you through every step, from evidence collection to settlement negotiations or trial representation.

Reach out to Schonberg Law Offices today for a consultation tailored to your needs. Protect your rights and secure the compensation you deserve with trusted legal assistance in Middletown, NY.

Auto Accident Lawyer Insights: Steps After a Crash

Thu, 12 Mar 2026 15:54:01 GMT

After a car accident in Poughkeepsie, NY, your first thoughts are often confusion and worry. At Schonberg Law Offices, operating in the Poughkeepsie area, we know how important it is to contact an auto accident lawyer as soon as possible. When you take the right steps from the start, you give yourself the best chance for recovery, both physically and financially. Our experienced auto accident attorney team is here to guide you and protect your claim. If you want the full support of auto accident lawyers who have your best interests in mind, keep reading to learn exactly what to do when an accident disrupts your life.

Step-by-Step Actions to Take After a Poughkeepsie Auto Accident

A collision can happen in the blink of an eye. Yet, the actions you take immediately after impact can shape the outcome of your case. As your local auto accident lawyer, I urge you to stay calm and prioritize safety. First, check yourself and any passengers for injuries. Even minor discomfort should be treated seriously, which is why seeking medical care is crucial. If injuries are present, call 911 so everyone receives needed attention.

Next, move vehicles out of traffic if possible. Activate hazard lights and wait for emergency responders. Contacting the police is a must; a report generated by law enforcement is a central piece of evidence for your auto accident lawyer and insurance company. Each auto accident attorney relies on this documentation to support claims and build cases.

While you wait, gather as much information as you can. Take clear photos of vehicle positions, damages, license plates, and any relevant road signs. Exchange contact and insurance details with everyone involved. Witnesses can provide valuable information, so collect their names and phone numbers. All this evidence is what your auto accident lawyer uses to prove facts and liability.

The Importance of Immediate Medical Care and Documentation

As an auto accident lawyer, I often see clients who delay seeking treatment, assuming pain or injuries will fade. The truth is, some injuries reveal themselves hours or days later. Immediate medical attention ensures your safety and creates a record for your auto accident attorney to cite during your claim. Make sure every symptom and treatment is documented by medical professionals.

Keep all receipts, medical summaries, prescriptions, and communications with healthcare providers. This documentation helps your auto accident lawyer prove not only your injuries but also the expense and impact on your life. Delaying care can weaken your case, as insurance adjusters or opposing attorneys may argue your injuries aren’t connected to the crash.

Why Contacting an Auto Accident Lawyer Early Matters

One of the most critical steps is reaching out to an auto accident lawyer promptly. Insurance companies move quickly to secure statements and sometimes pressure victims to accept settlements that do not cover all losses. At Schonberg Law Offices, our role as your auto accident attorney is to shield you from these pressures and advise you on the best path forward.

From the earliest discussions, your auto accident lawyer helps you avoid common mistakes, such as letting key evidence slip away or saying something that could be interpreted as admitting fault. We ensure your rights are preserved and that every detail is documented. This early intervention is often the difference between successful compensation and disappointment.

Our team specializes in cases operating in the Poughkeepsie area, so we navigate local laws and insurance practices to maximize your results. See more about how we support clients through every stage of an accident case on our auto accident service page .

Common Mistakes That Can Harm Your Injury Claim

Even the strongest cases can falter when mistakes are made after an accident. The most common error is admitting fault, whether intentionally or through casual remarks like “I’m sorry.” Insurance companies and opposing auto accident attorneys will use these statements to undermine your claim. Always speak to your auto accident lawyer before discussing the accident with anyone other than police.

Another mistake is waiting too long to seek medical care or legal advice. The more time that passes, the harder it becomes for your auto accident lawyer to build a strong case. Memories fade, evidence can disappear, and claims may come under more scrutiny. Prompt action helps your auto accident attorney ensure essential facts and records are preserved.

We also remind clients not to settle directly with insurance companies or accept offers before speaking with an auto accident lawyer. Early settlements are often lower than what victims truly deserve. With a knowledgeable auto accident attorney, you avoid undervaluing your losses and get honest advice about what you should expect.

The Role of Documentation and Legal Advocacy

Your auto accident lawyer uses every piece of evidence you collect to build your claim. Photos, police reports, medical records, and witness statements become powerful tools in the hands of your auto accident attorney. Maintaining strong documentation supports our efforts to prove liability, connect injuries to the accident, and recover compensation for medical expenses, lost wages, and pain and suffering.

At Schonberg Law Offices, providing services in Poughkeepsie, NY, we blend local knowledge with aggressive legal strategies. Our auto accident lawyers deliver personalized guidance for each client, reviewing all documents and advising on timelines for the claim process. Our mission is to make sure every accident victim receives fair and full recovery.

Common Questions for Your Auto Accident Lawyer

Victims often want to know how soon they should speak to an auto accident attorney or what their case is worth. The simple answer is to contact us immediately. The value of your claim depends on multiple factors—severity of injuries, extent of losses, and the strength of your documentation. Each auto accident lawyer in our firm listens carefully, reviews all evidence, and explains your legal options in plain language.

If you have questions or need assistance, reach out to our team for clear answers. We’re auto accident attorneys committed to protecting your interests and helping you avoid mistakes that could harm your case. Open communication is a cornerstone of our client service.

Reach Out to Schonberg Law Offices for Your Case

If you’ve been in a car accident in Poughkeepsie, protect your future by connecting with an experienced auto accident lawyer right away. Our auto accident attorney team at Schonberg Law Offices stands ready to guide you step by step, defending your rights and helping you secure the compensation you deserve. Don’t let uncertainty or mistakes harm your case. Get professional support now—visit our contact page or call us directly at (845) 928-3030 for expert legal advice and representation operating in the Poughkeepsie area.

Personal Injury Attorney in Middletown, NY: What to Expect

Wed, 03 Dec 2025 07:12:40 GMT

If you have been injured in Middletown, NY, you may feel overwhelmed. Schonberg Law Offices is here to guide you through the process. Call us today at (845) 928-3030 to speak with a trusted personal injury attorney in Middletown, NY.

Why Choosing a Personal Injury Attorney in Middletown, NY, Matters

Accidents can change your life in seconds. Medical bills, lost wages, and stress can pile up quickly. Having a personal injury attorney in Middletown, NY, ensures you have someone fighting for your rights.

At Schonberg Law Offices, we focus on helping clients recover compensation while easing the burden of the legal process. Our team understands the local courts and insurance companies, giving you an advantage.

Choosing the right attorney also means having someone who understands your personal situation. This support helps you feel confident about the path forward.

The First Step: Consultation

Your journey begins with a consultation.

During this meeting, you can expect:

A review of your accident details: time, place, and injuries.
Questions about medical treatment and ongoing care.
Guidance on whether you have a strong case.

A personal injury attorney in Middletown, NY, will listen carefully and explain your options. Schonberg Law Offices makes this step simple and stress-free.

This first step is also your chance to ask questions. Many clients find that understanding the process early helps reduce worry and builds trust.

Investigation and Evidence Gathering

After consultation, the next step is investigation.

This includes:

Collecting police reports and medical records.
Interviewing witnesses who saw the accident.
Reviewing photos, videos, or other evidence.

A personal injury attorney in Middletown, NY, builds a strong case by connecting facts to your injuries. Schonberg Law Offices uses proven strategies to uncover details that strengthen your claim.

Negotiation With Insurance Companies

Insurance companies often try to settle quickly and for less than you deserve.

Here is what happens during negotiation:

Your attorney reviews offers carefully.
Counteroffers are made to push for fair compensation.
Communication is handled by your lawyer, so you avoid stress.

A personal injury attorney in Middletown, NY, knows how to deal with insurers. Schonberg Law Offices protects clients from unfair tactics and fights for maximum recovery.

Strong negotiation often means patience. By letting your attorney handle the process, you avoid pressure and gain better results.

Preparing for Trial if Needed

Most cases settle before trial. However, if negotiations fail, your attorney prepares for court.

This process includes:

Filing necessary documents with the court.
Presenting evidence to a judge or jury.
Arguing for fair compensation based on your injuries.

A personal injury attorney in Middletown, NY, ensures you are ready for every step. Schonberg Law Offices has experience in trial settings and will stand by your side.

Even if a trial becomes necessary, clients often feel reassured knowing their attorney is prepared to fight for them.

How Schonberg Law Offices Communicates With Clients

Clear communication is key.

Here is how we keep clients informed:

Regular updates on case progress.
Quick responses to questions.
Honest advice about possible outcomes.

Schonberg Law Offices believes that every client deserves respect and clarity. A personal injury attorney in Middletown, NY, should always make you feel supported.

What You Can Expect From the Process

Working with an attorney means you can expect:

Guidance from start to finish.
Strong advocacy during negotiations.
Preparation for trial if needed.
Compassionate support throughout your recovery.

Schonberg Law Offices combines legal skill with personal care. We know that every case is unique, and we tailor our approach to your needs. For more details, visit our personal injury page .

Common Questions Clients Ask Clients Often Ask:

How long will my case take?
What compensation can I expect?
Do I need to go to trial?

Schonberg Law Offices helps clients understand the process so they feel confident.

Having clear answers early helps clients feel prepared. Knowing what to expect reduces stress and builds trust in the attorney-client relationship.

Benefits of Hiring a Local Attorney

Choosing a local attorney offers advantages:

Knowledge of Middletown courts and judges.
Familiarity with local insurance companies.
Easier access for meetings and updates.

A personal injury attorney in Middletown, NY, provides both convenience and expertise. Schonberg Law Offices is proud to serve the community with dedication.

Steps You Should Take After an Accident

Here are important steps to follow:

Seek medical care immediately.
Document injuries and treatments.
Save receipts and bills.
Contact a personal injury attorney in Middletown, NY, quickly.

Schonberg Law Offices helps clients act fast to protect their rights.

Ready to Protect Your Rights? Call Today

If you or a loved one has been injured, do not wait. A personal injury attorney in Middletown, NY, can make a difference in your recovery. Call Schonberg Law Offices today at (845) 928-3030 or reach us through our contact page .

Why Act Fast: Personal Injury Steps After an Accident

Tue, 26 Aug 2025 15:49:59 GMT

Experiencing an accident can be an incredibly traumatic event that leaves you feeling vulnerable and uncertain about what to do next. It’s crucial to act quickly and efficiently to protect your rights and ensure that you receive the compensation you deserve. In this article, we will provide essential steps to take immediately after an accident for a personal injury case.

Assess the Situation and Ensure Safety

The very first thing you should do after an accident is to assess the situation. Verify whether you or anyone else involved sustains any injuries. If you or others are in immediate danger, try to move to a safe location if possible. Call 911 to report the accident and request medical assistance if needed. It’s vital to act swiftly to prevent further injuries and to secure the accident scene.

Gather Evidence

When it comes to personal injury cases, evidence is key. If you’re physically able, start gathering evidence immediately after the accident. Take photographs and videos of the scene, focusing on anything that can help establish what happened. This includes vehicle positions, road conditions, weather, and any visible injuries. Get the contact information of any witnesses, as their testimonies might be crucial later. The more evidence you collect, the stronger your case will be.

Seek Medical Attention

Even if you feel fine immediately after the accident, it’s essential to seek medical attention. In some cases, injuries might not be apparent right away, and delaying medical evaluation can worsen your condition. A medical professional will document your injuries, providing critical information for your personal injury claim. Be sure to keep detailed records of all medical visits and treatments. Medical records are a cornerstone of any personal injury case, as they provide an official account of the injuries you sustained and the treatments you required.

Report the Accident and Document Everything

Reporting the accident is a fundamental step in a personal injury claim. Notify your insurance company as soon as possible and provide all necessary information. When speaking with insurance adjusters, be honest but cautious. Avoid admitting fault or downplaying your injuries, as this could impact your claim later. Keep a record of all conversations, emails, and documents related to the accident and your injury. This documentation creates a paper trail that is invaluable in a personal injury case.

Contact a Personal Injury Attorney

Navigating the complexity of a personal injury case on your own can be overwhelming. The next critical step is to contact an experienced personal injury attorney as soon as possible. They can offer invaluable advice and guide you through every stage of your case, from gathering evidence to negotiating with insurance companies. An attorney will ensure that you understand your rights and options. For more insights on personal injury cases, check out what is a typical personal injury case?

Understand Your Rights and Legal Options

Understanding your rights and legal options is paramount in personal injury cases. Your personal injury attorney will explain the different aspects of your case, including your eligibility for compensation, the strength of the evidence, and the possible outcomes. This knowledge allows you to make informed decisions and ensures that you don’t miss out on potential compensation. Many victims are unaware of the full extent of their rights and may inadvertently waive significant legal advantages by not seeking timely legal advice.

File Your Personal Injury Claim Promptly

Time is of the essence when it comes to filing a personal injury claim. Each state has specific statutes of limitations that dictate the time frame within which you must file your claim. Delaying could result in losing your right to compensation altogether. Your attorney will help ensure that all paperwork is completed correctly and submitted on time. Missing this critical window can mean the difference between receiving a fair settlement and getting nothing at all.

Keep Detailed Records

Throughout the personal injury process, keep detailed records of everything related to your case. This includes medical bills, records of lost wages, repair expenses, and any other costs associated with the accident. These records will be used to determine the amount of compensation you deserve. Detailed records can substantiate your claim and demonstrate the financial impact the injury has had on your life.

Seek Emotional Support

Accidents can have a significant emotional impact. Don’t overlook the importance of emotional support during this challenging time. Lean on friends, family, or professional counselors to help you navigate your emotions and stress. Taking care of your emotional well-being is just as important as addressing your physical injuries. Emotional distress is often a component of personal injury claims, and your attorney can guide you on how to document it effectively as part of your case.

Reach Out to Bruce Schonberg for Help

If you’ve been involved in an accident in Newburgh, NY, and need immediate advice and support, contact Bruce Schonberg. With years of experience in personal injury cases, Bruce Schonberg is here to help you secure the compensation you deserve. Visit our website, personal injury and learn more about your options.

Take Action Now

Don’t wait to take the necessary steps after an accident. Acting promptly can protect your rights and improve the outcome of your personal injury case. Reach out to Bruce Schonberg in Newburgh, NY, for expert legal guidance and support. Contact us today and ensure you get the help you need in this critical time.

Acting fast could make a significant difference in your personal injury case. Secure your future today.

Navigating Your Claim With an Auto Accident Attorney

Mon, 28 Jul 2025 14:47:34 GMT

Being involved in a car accident can be a traumatic and overwhelming experience. Between medical bills, insurance claims, and potential legal disputes, it’s easy to feel lost. That’s where an auto accident attorney in Poughkeepsie, NY can make all the difference. At Schonberg Law Offices, we specialize in helping accident victims secure the compensation they deserve while handling the legal complexities on their behalf.

In this guide, we’ll explore how an experienced attorney can assist you through investigations, negotiations, and litigation—ensuring your rights are protected every step of the way.

Why You Need an Auto Accident Attorney in Poughkeepsie, NY

After a car accident , insurance companies often try to minimize payouts, leaving victims undercompensated. An auto accident attorney in Poughkeepsie, NY levels the playing field by:

Investigating the Accident: We gather evidence, including police reports, witness statements, and medical records, to build a strong case.
Handling Insurance Negotiations: Insurers may pressure you into accepting a low settlement. We fight for fair compensation for medical expenses, lost wages, and pain and suffering.
Representing You in Court: If a fair settlement isn’t reached, we’re prepared to take your case to trial.

Without legal representation, you risk missing out on the full compensation you’re entitled to.

How Schonberg Law Offices Handles Your Auto Accident Claim

Thorough Investigation

A successful claim starts with solid evidence. Our team:

Reviews accident reports and traffic camera footage
Consults accident reconstruction experts if needed
Gathers medical documentation linking injuries to the crash

Skilled Negotiations

Insurance adjusters often use tactics to reduce payouts. We:

Calculate the true value of your claim, including future medical costs
Negotiate aggressively to secure maximum compensation
Protect you from misleading settlement offers

Litigation When Necessary

If negotiations fail, we’re ready to take your case to court. Our attorneys have extensive experience in personal injury trials, ensuring you have strong legal representation.

The Benefits of Hiring a Dedicated Auto Accident Attorney in Poughkeepsie, NY

Working with Schonberg Law Offices means you get:

Local Expertise: We understand New York’s traffic laws and Poughkeepsie courts.
Personalized Attention: Your case is handled by experienced attorneys, not paralegals.
No Upfront Costs: We work on a contingency basis—you pay nothing unless we win.

Common Challenges in Auto Accident Claims

Proving Fault

New York is a no-fault state, but serious injuries may allow you to sue the at-fault driver. We help establish liability by:

Analyzing police reports
Interviewing witnesses
Reviewing traffic laws

Dealing With Insurance Delays

Insurers may drag out claims, hoping you’ll accept less. We keep the process moving and hold them accountable.

Maximizing Compensation

Many victims don’t realize they can claim:

Medical bills (current and future)
Lost wages and reduced earning capacity
Pain and suffering

When to Contact an Auto Accident Attorney

Don’t wait—the sooner you hire an attorney , the stronger your case will be. Contact us immediately if:

You suffered serious injuries
The insurance company denies or undervalues your claim
Liability is disputed

Why Choose Schonberg Law Offices?

When you’re recovering from a car accident, the last thing you need is the stress of fighting insurance companies or navigating complex legal procedures. At Schonberg Law Offices, we take that burden off your shoulders so you can focus on healing. Here’s why accident victims in Poughkeepsie trust us with their cases:

Decades of local experience
A track record of success
Personalized legal strategy
Compassionate, client-focused advocacy

Don’t Wait—Protect Your Rights Today

Insurance companies start building their case against you from the moment the accident happens. The sooner you have an experienced auto accident attorney in Poughkeepsie, NY on your side, the better your chances of securing full and fair compensation.

At Schonberg Law Offices, we offer free, no-obligation consultations to review your case and explain your legal options. If you or a loved one has been injured in a car accident, don’t leave your future to chance. Let us handle the legal fight while you focus on getting your life back on track.

Contact Schonberg Law Offices today for a free case evaluation. Our dedicated team is ready to listen, advise, and fight for the justice you deserve.

Common Mistakes to Avoid After a Personal Injury in Middletown, NY

Tue, 25 Mar 2025 17:02:58 GMT

Experiencing a personal injury can be a life-altering event. From medical bills to emotional trauma, the aftermath can be complicated and overwhelming. If you or a loved one has recently experienced a personal injury, understanding the critical steps to take—and the common mistakes to avoid—can make a significant difference in your recovery. Consulting a personal injury attorney in Middletown, NY, is essential, but there are pitfalls you’ll want to avoid to ensure the best possible outcome for your case.

Failing to Seek Immediate Medical Attention

One of the most common mistakes following a personal injury is not seeking medical attention promptly. Even if you feel fine or believe your injuries are minor, it’s vital to see a healthcare professional as soon as possible. Delaying medical care can not only worsen your injuries but also weaken your personal injury claim. Medical records provide crucial evidence, so obtaining an immediate evaluation is paramount.

Not Documenting the Incident

In the aftermath of an injury, your primary focus might be on your health and well-being, but documentation is also critical. Gather as much information as possible about the incident, including photos, witness statements, and police reports if applicable. Failing to document the scene and your injuries thoroughly can make it difficult to prove liability later. A personal injury attorney in Middletown, NY, will rely on this documentation to build a strong case on your behalf.

Speaking to Insurance Adjusters Without Legal Advice

Insurance companies are often more concerned with their bottom line than offering fair compensation. Speaking to insurance adjusters without the guidance of a personal injury attorney can lead to unintentional disclosures that may harm your claim. Adjusters are trained to elicit statements that can be used against you. It’s best to consult a lawyer before communicating with any insurance representatives.

Accepting a Lowball Settlement

After a personal injury, it can be tempting to accept the first settlement offer, especially if you’re facing mounting medical bills and lost wages. However, initial offers are frequently lower than what you might be entitled to. A personal injury attorney in Middletown, NY, can negotiate on your behalf to ensure you receive fair compensation. Don’t settle for less; make sure all your medical costs, lost income, and any long-term effects are considered.

Delaying the Legal Process

Time is of the essence when it comes to personal injury claims. New York law imposes strict statutes of limitations, meaning you have a limited time to file a claim. Delaying can result in lost evidence and weakened claims. Contact an injury attorney as soon as possible to ensure your rights are protected and to start building your case immediately.

Getting the Best Legal Support After a Personal Injury in Middletown, Newburgh, and Monroe-Woodbury.

Avoiding these common mistakes can significantly impact the outcome of your personal injury case. Seeking prompt medical attention, thorough documentation, and legal advice from a skilled personal injury attorney in Middletown , Newburgh , or Monroe-Woodbury , are essential steps toward securing fair compensation. By taking the right steps from the start, you can focus on your recovery while your attorney handles the complexities of your claim.

Remember, the right legal guidance can make all the difference. Schonberg Law Offices is here to help guide you through this challenging time. Contact us today to discuss your case and get expert advice tailored to your specific situation.

Auto Accident Lawyer Tips: Top Mistakes to Avoid

Tue, 28 Jan 2025 20:16:49 GMT

Being involved in a car accident can be overwhelming, confusing, and emotionally draining. Whether it’s a minor fender bender or a serious collision, the steps you take immediately afterward can significantly impact your physical recovery, financial compensation, and legal standing. As seasoned auto accident lawyers, we’ve seen countless individuals make avoidable mistakes that jeopardize their claims. At Schonberg Law Offices, our goal is to guide you through this stressful time with clarity and confidence.

Mistake #1 – Failing to Seek Immediate Medical Attention

One of the most common and dangerous mistakes people make after a car accident is not seeking medical care right away. Even if you feel fine, internal injuries or soft tissue damage may not be immediately apparent. Delaying treatment can not only worsen your condition but also weaken your legal claim.

A qualified auto accident lawyer will tell you that medical records are crucial evidence in personal injury cases. Insurance companies often use gaps in treatment to argue that your injuries weren’t serious or weren’t caused by the accident. Don’t give them that opportunity—get checked out by a medical professional as soon as possible.

Mistake #2 – Admitting Fault at the Scene

In the chaos following an accident, many people instinctively apologize or admit fault—even when they’re not to blame. This can be a costly error. Determining fault is a complex process that involves police reports, witness statements, and sometimes accident reconstruction experts.

As your auto accident lawyer, we advise you to stick to the facts when speaking to police or other parties. Avoid speculating or making statements that could be interpreted as an admission of guilt. Let the investigation determine liability.

Mistake #3 – Talking to Insurance Companies Without Legal Representation

Insurance adjusters may seem friendly, but their job is to minimize payouts. Speaking to them without a car accident attorney in Poughkeepsie, NY, can lead to undervalued settlements or even denied claims. They may pressure you into giving a recorded statement or accepting a quick offer that doesn’t cover your full damages.

A skilled auto accident lawyer will handle all communications with insurers, ensuring your rights are protected and your compensation is fair. Don’t go it alone—legal guidance can make all the difference.

Mistake #4 – Not Documenting the Accident Thoroughly

Proper documentation is key to building a strong case. Unfortunately, many accident victims fail to gather sufficient evidence at the scene. If you’re physically able, take photos of the vehicles, road conditions, traffic signs, and any visible injuries. Get contact information from witnesses and request a copy of the police report.

Your auto accident lawyer will use this evidence to support your claim and counter any disputes from the other party. The more detailed your documentation, the stronger your case.

Mistake #5 – Posting About the Accident on Social Media

In today’s digital age, it’s tempting to share life events online—but when it comes to a car accident, silence is golden. Insurance companies and opposing attorneys often monitor social media for posts that could undermine your claim. A seemingly innocent photo or comment can be used against you.

As your trusted auto accident lawyer, we recommend keeping accident-related details off social media until your case is resolved. Protect your privacy and your legal standing.

Mistake #6 – Delaying Legal Consultation

Time is critical after a car accident. Evidence can disappear, memories fade, and legal deadlines approach quickly. Waiting too long to consult a car accident attorney in Poughkeepsie, NY, can limit your options and reduce your chances of a successful outcome.

At Schonberg Law Offices, we offer prompt, compassionate legal support to help you navigate the aftermath of an accident. Our experienced team understands the local laws and court systems, giving you a strategic advantage from day one.

Mistake #7 – Accepting a Settlement Without Understanding Your Rights

Many accident victims accept the first settlement offer they receive, unaware that they may be entitled to much more. Once you accept a settlement, you typically waive your right to pursue further compensation—even if new injuries or expenses arise.

A knowledgeable auto accident lawyer will evaluate your case thoroughly, considering medical bills, lost wages, pain and suffering, and future care needs. Don’t settle for less than you deserve.

Mistake #8 – Not Keeping Track of Expenses and Symptoms

Keeping a detailed record of your accident-related expenses and symptoms is essential. This includes medical bills, prescriptions, therapy costs, travel expenses for treatment, and any changes in your physical or emotional well-being.

Your auto accident lawyer can use this information to build a comprehensive claim that reflects the true impact of the accident. Accurate records strengthen your case and ensure you’re fully compensated.

Mistake #9 – Ignoring Legal Deadlines

Every state has a statute of limitations for filing personal injury claims. In New York, you generally have three years from the date of the accident—but exceptions exist. Missing this deadline can result in losing your right to compensation entirely.

A proactive car accident attorney in Poughkeepsie, NY, will ensure all paperwork is filed on time and that your case stays on track. Don’t risk your future by waiting too long.

Mistake #10 – Choosing the Wrong Legal Representation

Not all attorneys specialize in auto accidents. Choosing a lawyer without relevant experience can lead to poor advice, missed opportunities, and disappointing results. You need someone who understands the nuances of personal injury law and has a proven track record in car accident cases. At Schonberg Law Offices, we’re proud to be a leading auto accident lawyer in the region. Our team combines legal expertise with genuine compassion, helping clients recover physically, emotionally, and financially.

Why Schonberg Law Offices Is Your Trusted Advocate

With decades of experience, Schonberg Law Offices has earned a reputation for excellence in personal injury law. As a respected car accident attorney in Poughkeepsie, NY, we’ve helped countless clients secure the compensation they deserve. We understand the stress and uncertainty that follow an accident—and we’re here to guide you every step of the way.

Our personalized approach ensures that your case gets the attention it deserves. From initial consultation to final resolution, we fight for your rights with integrity and determination.

If you’ve been in a car accident and need legal guidance, don’t wait. Contact Schonberg Law Offices today to speak with a trusted auto accident lawyer who will advocate for your best interests. We’re here to help you avoid costly mistakes and secure the compensation you deserve.

How an Auto Accident Lawyer in the Hudson Valley, NY Can Maximize Your Settlement

Fri, 10 Jan 2025 14:09:58 GMT

Experiencing an auto accident can be a traumatic and overwhelming event, especially when it comes to dealing with the aftermath. Navigating insurance claims, medical bills, and legal paperwork can be daunting. This is where an Auto Accident Attorney in the Hudson Valley, NY can step in to ease your burden and help you secure a fair settlement. Hiring a skilled lawyer not only maximizes your chances of receiving a higher settlement but also ensures your rights are protected throughout the process.

The Power of Negotiation with Insurance Companies

One of the most significant ways an Auto Accident Lawyer in the Hudson Valley, NY can help you is through expert negotiation with insurance companies. Insurance adjusters are trained to minimize payouts, often offering settlements that fall short of covering all your expenses and damages. An experienced lawyer knows the tactics these adjusters use and can counteract them effectively.

Understanding the True Value of Your Claim

A seasoned lawyer will thoroughly evaluate your case to determine its true value. This includes considering not just immediate medical expenses and property damage but also future medical costs, lost wages, and pain and suffering. They can compile comprehensive documentation to support your claim, making it harder for insurance companies to undervalue your settlement.

The Role of Documentation in Strengthening Your Case

Proper documentation is crucial in building a strong case. From medical records to accident reports, every piece of evidence can make a difference. An Auto Accident Lawyer in the Hudson Valley, NY will ensure that all necessary documents are collected and organized efficiently. They will also work with medical professionals and accident reconstruction experts to provide robust evidence supporting your claims.

Protecting Your Rights Throughout the Process

Navigating the legal system can be complex, especially when dealing with the aftermath of an auto accident. An experienced lawyer ensures that your rights are protected at every step. They will guide you through the legal procedures, ensuring that you meet all deadlines and comply with all legal requirements.

Handling Insurance Company Tactics

Insurance companies often use delay tactics, hoping that you will settle for less out of frustration. An Auto Accident Lawyer in the Hudson Valley, NY can keep the pressure on, ensuring that your case progresses smoothly and that you receive timely responses. They can also prevent you from making statements or accepting settlements that could jeopardize your claim.

Legal Representation in Court

If negotiations fail and your case goes to court, having a lawyer on your side is invaluable. They will represent you, presenting your case effectively to the judge and jury. Their expertise in legal proceedings can significantly improve your chances of winning a favorable verdict.

The Importance of a Comprehensive Settlement

A comprehensive settlement goes beyond immediate expenses. It should cover all your losses, including future medical bills, lost earning potential, and non-economic damages like pain and suffering. An experienced auto accident lawyer will strive to secure a settlement that addresses all these aspects, ensuring that you are not left financially burdened in the future.

Ensuring Fair Compensation

Fair compensation means not just covering your current expenses but also ensuring that you are financially secure in the long term. A skilled lawyer understands the full scope of your needs and fights to ensure that your settlement reflects this.

Long-Term Financial Security

Securing a settlement that provides long-term financial security is crucial, especially if you have sustained serious injuries that may require ongoing treatment. An experienced lawyer will ensure that your settlement accounts for these future needs, providing you with peace of mind.

Contact us today!

Want to make sure you're getting the compensation you deserve? Get in touch with us today for a consultation with a top auto accident lawyer in the Hudson Valley, NY!

What To Expect in a Construction Accident Lawsuit

Tue, 30 Jul 2024 22:38:28 GMT

Construction sites are inherently hazardous, with potential dangers lurking at every corner. From falling debris to malfunctioning equipment, the risks are significant and ever-present. For those unfortunate enough to suffer injuries in construction accidents, navigating the complex landscape of a personal injury lawsuit can be daunting. Understanding what to expect in such lawsuits can empower injured individuals to seek justice and appropriate compensation.

The Initial Consultation

The first step in a construction accident personal injury lawsuit is often an initial consultation with a personal injury lawyer. During this meeting, the attorney will review the details of the accident and the injuries sustained. This consultation is crucial for understanding the case and determining its viability. The lawyer will gather basic information, such as medical records, photographs of the accident scene, and eyewitness accounts. This stage sets the groundwork for the entire lawsuit, helping the attorney decide whether to proceed and formulate a strategy.

Filing the Complaint

Once the attorney agrees to take the case, the next step is filing a formal complaint. This document, submitted to the court, outlines the plaintiff's allegations against the defendant, typically the construction company, contractor, or a related party. The complaint will detail how the accident occurred, the injuries sustained, and the specific legal grounds for the lawsuit. Filing the complaint officially initiates the legal process, and the defendant will be formally notified and required to respond.

Discovery Phase

Following the initial filing, the lawsuit enters the discovery phase. This is a critical part of the process where both parties exchange information and evidence related to the case. Depositions, interrogatories, and requests for documents are common during discovery. The goal is to gather comprehensive information to build a compelling case. During this phase, the opposing parties will interrogate each other to uncover facts and challenge claims, which often entails giving sworn statements and answering detailed questions about the accident and resulting injuries.

Settlement Negotiations

Many personal injury lawsuits are resolved through settlements rather than going to trial. Settlement negotiations can occur at any stage of the lawsuit but often intensify after the discovery phase, once both sides have solid evidence and a clearer understanding of the case's strengths and weaknesses. During negotiations, the plaintiff's attorney will advocate for fair compensation, taking into account medical expenses, lost wages, pain and suffering, and future medical needs. A mutually agreeable settlement can expedite the resolution process, saving both time and legal expenses.

Trial Process

If a settlement cannot be reached, the case will proceed to trial. The trial process involves presenting the case before a judge or jury, where both parties have the opportunity to make their arguments. The plaintiff’s attorney will present evidence and witness testimony to demonstrate the defendant’s negligence and the extent of the injuries. The defense will counter with their evidence and arguments. The trial phase is often the most time-consuming and stressful part of a lawsuit, but it provides a formal forum for adjudicating disputes and seeking justice.

Verdict and Compensation

After the trial, a verdict will be delivered. If the plaintiff prevails, the court will determine the amount of compensation to be awarded. This compensation may cover medical expenses, lost income, rehabilitation costs, and other damages related to the injury. The verdict marks the culmination of a long legal journey, offering closure and financial redress for the injured party.

Post-Trial Motions and Appeals

Even after a verdict is reached, the legal process may continue through post-trial motions and appeals. The losing party may file motions to alter the verdict or even appeal the decision to a higher court, arguing procedural errors or interpretations of law. This can extend the duration of the lawsuit and delay final resolution. However, a strong legal representation can help navigate these complexities and strive for the best possible outcome.

Navigating through a construction accident personal injury lawsuit can be overwhelming, particularly when dealing with the aftermath of an injury. By understanding each phase of the lawsuit process, injured individuals can better prepare for what lies ahead and work closely with their attorneys to pursue justice and fair compensation.

Contact our office at Schonberg Law Offices to learn more.

Your Rights In Cases Of Nursing Home Neglect And Abuse

Thu, 22 Feb 2024 00:51:25 GMT

When faced with the difficult reality of nursing home neglect and abuse, understanding your legal rights is paramount. As a victim or a family member of a victim, it is of utmost importance to fully understand and grasp the extensive protections that the law affords you. When faced with such challenging circumstances, an experienced attorney's expertise and guidance can prove invaluable.

Recognizing Abuse and Neglect

Nursing home neglect and abuse manifest in various forms, encompassing physical, emotional, sexual, and financial harm. Examples of signs to watch out for include receiving insufficient medical care, experiencing malnutrition or unexplained injuries, and being subjected to exploitation or abuse. Recognizing and being aware of these signs is crucial and serves as the first step in safeguarding the well-being and safety of yourself and your loved ones.

The Rights of Nursing Home Residents

Nursing home residents, as vulnerable individuals, are entitled to a high standard of care and dignity. These rights encompass maintaining privacy, receiving respectful treatment, exercising autonomy over personal finances, and, most importantly, ensuring freedom from all forms of abuse and neglect. By upholding these principles, a safe and nurturing environment is created for the elderly population. In case of any violation of these rights, legal recourse is available to rectify the situation and seek justice.

The Role of an Attorney

An attorney who specializes in nursing home neglect and abuse claims plays a vital role in navigating the complexities of the legal system. They bring clarity to the process, ensuring victims understand their rights and the avenues for recourse. Additionally, attorneys possess the understanding to compile evidence effectively, advocate on behalf of the victim, and negotiate with involved parties.

The Value of Legal Expertise

Legal counsel offers more than just knowledge of the law; they provide strategic advice tailored to each unique case. By evaluating the details of the neglect or abuse, attorneys develop compelling arguments that highlight the extent of the breach of care standards. This expertise often leads to successful outcomes, whether through settlement negotiations or courtroom litigation.

Filing a Legal Claim

Pursuing a legal claim serves two significant purposes: holding accountable those responsible for the neglect or abuse and securing compensation for the victim. Compensation may cover medical expenses, pain and suffering, and other associated costs. An attorney guides clients through every stage of this process, from filing the initial claim to representing their interests in court, if necessary.

Overcoming Challenges

Addressing neglect and abuse poses numerous challenges. From proving negligence to navigating bureaucratic hurdles and managing the emotional toll, there are multiple obstacles to overcome. Attorneys steadfastly support their clients, providing guidance and leveraging their expertise to surmount these barriers and seek justice.

Seeking Just Outcomes

Seeking just outcomes includes taking proactive measures to enact change and implement preventive measures to avoid future incidents. In addition, it involves ensuring that appropriate reparations are secured for those affected, offering them a sense of closure and justice. With the guidance and support of an experienced attorney, victims can navigate through the legal process, empowering them to regain control over their circumstances and move towards a brighter future.

In the unfortunate circumstance of nursing home neglect and abuse, understanding one's rights is critical.

Comprehensive legal guidance illuminates these rights and ensures they are fully exercised. With the support of a knowledgeable attorney, victims can confront the injustice of neglect and abuse, obtain the compensation they deserve, and contribute to the creation of safer environments for all nursing home residents. It's a path toward restoration and reassurance, amplified by professional, sophisticated advocacy.

Take control of your legal rights and seek justice for nursing home neglect and abuse. With the guidance of Schonberg Law Offices , you can safeguard yourself and your loved ones while ensuring that those responsible are held accountable. Trust us to provide the necessary protection and support you need.

Understand the Types of Expert Witnesses and How They Can Help

Tue, 30 Jan 2024 00:54:55 GMT

In personal injury cases, expert witnesses can play a crucial role in helping plaintiffs prove their cases. They often provide key evidence and testimony that can help sway a jury or judge in favor of the injured party. But what exactly is an expert witness, and what types of expert witnesses can you use in your personal injury case? In this post, explore the various types of expert witnesses and how they can be used in personal injury cases.

Medical Expert Witnesses

In most personal injury cases, medical expert witnesses are essential. These experts may be doctors, nurses, or other medical professionals with extensive knowledge of the injuries and medical treatments involved in your case. They can provide insight into the medical procedures you've undergone, as well as the short and long-term consequences of your injuries. This can include the cost of future medical treatments, rehabilitation, and other related expenses.

Accident Reconstruction Expert Witnesses

In cases where the cause of the injury is in dispute, accident reconstruction expert witnesses can provide valuable evidence. These experts analyze the details of the accident, including the physical evidence, such as skid marks, vehicle damage, and road conditions. They can also use computer simulations to recreate the accident and provide a visual representation of what happened. This helps to establish liability and prove the negligence of the defendant.

Biomechanics Expert Witnesses

In personal injury cases involving complex injuries or accidents, biomechanics expert witnesses can be a highly valuable resource. Biomechanics is the study of body movements and the forces acting upon the musculoskeletal system. These experts may be scientists, researchers, or even professors who have spent years studying how the human body responds to external forces. They can analyze injury mechanisms and determine the causal relationship between an accident and the resulting injuries.

The science of biomechanics can help explain the severity of injuries based on the specifics of an accident, such as speed, collision angle, or height of a fall. This form of analysis can be crucial in cases where the nature of injuries is disputed or requires further scientific explanation to be understood by the jury or judge.

Economic Expert Witnesses

Economic expert witnesses are often used to calculate damages in a personal injury case. These experts can help calculate the cost of medical expenses, lost wages, and other financial losses resulting from your injuries. They can also provide projections of future financial losses, such as future medical expenses, missed time from work, and loss of earning potential.

Psychological Expert Witnesses

In cases where mental and emotional trauma are involved, psychological expert witnesses can provide valuable testimony. These experts could be psychologists, psychiatrists, or other mental health professionals, with knowledge of the mental effects of traumatic events. They can testify to the emotional distress and psychological impact of the injury, as well as the long-term effects on the victim's quality of life.

Engineering Expert Witnesses

In cases involving product liability or construction defects, engineering expert witnesses can provide specialized knowledge and testimony. These experts may be engineers, architects, or other professionals with knowledge of the design and manufacturing of products or the construction of buildings. They can offer insights into the safety issues surrounding products or structures, as well as suggestions for how to improve those products or buildings to prevent future accidents.

Expert witnesses can be an invaluable asset in personal injury cases. By expanding the scope of evidence and testimony, expert witnesses can help prove your case and get you the compensation you deserve. By understanding the types of expert witnesses available, you can build a strong case and give yourself the best possible chance of success. Contact our personal injury attorneys today to discuss how an expert witness could support your case.

Signs You May Need a Product Liability Lawyer

Thu, 30 Nov 2023 05:41:00 GMT

Product liability is a legal term that refers to the responsibility of manufacturers, distributors, and sellers for the safety and quality of the products they offer to consumers. If a product causes injury, illness, or damage to a person or property, the parties involved in the production and distribution of that product may be held liable for the harm.

However, product liability cases are not always straightforward and easy to prove. There are many factors that can affect the outcome of a claim, such as the type of product, the nature of the defect, the extent of the injury, and the applicable laws and regulations in your jurisdiction. That's why you may need to hire a product liability lawyer if you or someone you love has been harmed by a defective or dangerous product.

A product liability lawyer is a legal professional who specializes in representing clients who have suffered losses or damages due to defective products. But how do you know if you need to hire a product liability attorney? Here are some signs that indicate you may benefit from their services.

You Have Suffered Serious or Permanent Harm Because of a Defective Product

If the product has caused you severe physical pain, emotional distress, disability, disfigurement, or loss of income, you may be entitled to compensation for your medical expenses, lost wages, and pain & suffering. A product liability lawyer can help you calculate and claim the full amount of the damages you deserve.

You Are Not Sure Who Is Responsible for Your Injuries or Damages

Product liability cases can involve multiple parties, such as the manufacturer, the distributor, the retailer, the designer, or the tester of the product. It can be difficult to determine who is liable for your harm and how to hold them accountable. A product liability lawyer can help you identify and sue all the potential defendants in your case.

You Are Facing a Powerful or Well-Known Company

Some companies have large legal teams and resources to defend themselves against product liability claims. They may try to deny their responsibility, blame you for your injuries, or offer you a lowball settlement. A product liability lawyer can help you level the playing field and protect your rights against these tactics.

You Have Received a Recall Notice or a Settlement Offer From the Company

Sometimes, companies may voluntarily recall defective products or offer settlements to consumers who have been harmed by them. However, these actions may not be enough to compensate you for your losses or prevent future harm. A product liability lawyer can help you evaluate the recall notice or the settlement offer and advise you on whether to accept it or pursue further legal action.

You Are Not Sure How to Proceed With Your Claim

Product liability cases can be complicated and time-consuming. They may involve technical details, expert witnesses, scientific evidence, and strict deadlines. A product liability lawyer can help you navigate the legal process and handle all the aspects of your case from start to finish.

Product liability is a serious matter that can affect your health, safety, and finances. If you have been harmed by a defective or dangerous product, you may need to hire a product liability lawyer to help you seek justice and compensation. A product liability lawyer can help you with every step of your case from gathering evidence to filing a lawsuit to negotiating a settlement or going to trial.

If you would like to pursue a product liability case, contact Schonberg Law Offices. We have the knowledge and experience to handle complex cases involving different types of products, such as medical devices, drugs, food, toys, vehicles, and appliances. Thus, we can help you gather evidence, file a lawsuit, negotiate a settlement, or go to trial if necessary.

Slip and Fall Injuries Can Cause More Than Just Physical Harm

Wed, 16 Aug 2023 22:24:28 GMT

A slip and fall injury can cause some major physical damage. You could crack ribs, break other bones, and suffer lacerations in the face or other areas of the body. The physical pain and injuries you deal with are often enough to warrant a personal injury case, but those cases may include far more than just your physical injuries.

As a lawyer builds your case in a slip and fall injury, the emotional pain and suffering you go through can add to the trauma. Learn how the emotional harm done in the situation is a vital part of the case and how the emotional harm can manifest in a variety of ways.

Embarrassment and Harassment

If a slip and fall case occurred in a public area, then a person who had witnesses to their injury could feel a wide range of embarrassment for the situation. The person could be humiliated and relive the incident over and over again. Even if the accident was not their fault in any way, the embarrassment could still occur and impact a person.

If the incident occurred in a location where someone knows the witnesses, then the embarrassment could increase. For example, a person may slip and fall in front of a group of co-workers. The incident could have happened at a school in front of other parents.

The embarrassment that a person feels could also transition to harassment. For example, co-workers may tease a person for the incident. While some may claim they were just joking or the teasing was gentle fun, it could cut deep on the victim and create a lot of feelings of shame.

Through an interview process with an attorney, a victim will go over these feelings and the impact those feelings have had since the incident occurred.

Online Video Sharing

With cell phones, surveillance cameras, and technology, a victim's incident could end up getting recorded in some capacity. Emotional pain and suffering could occur if the video gets posted online. A victim could go through a wide range of emotions seeing their injury displayed on the internet.

Along with the video upload itself, an attorney may account for the views of the video and how many different websites the video was spread to. A victim may also have been exposed to hurtful video comments that cause emotional pain and trauma. An attorney will use screenshots and visual captures to showcase all of those issues.

In some cases, a victim may not be able to get the video taken down, which could increase stress and trauma for the foreseeable future. All of these elements could factor into a personal injury case and the pain and suffering a person has gone through.

PTSD

Post-traumatic stress disorder can occur in victims of a slip and fall injury. The emotional stress could trigger in a variety of ways. For example, if a person must go back to the same area, then they may go through emotional trauma each time they have to recall the incident.

If they see others who slip and fall, those incidents could trigger an emotional response. As part of the emotional healing, a person may need to seek therapy to diagnose and get through the issues. The therapy costs could play a big part in the personal injury case and showcase the emotional journey a victim has gone through since the injury occurred.

If you have been involved in a slip and fall incident, then contact our professional lawyers at Schonberg Law Offices . We have years of experience with slip and fall cases and can represent your case to help you get the settlement you deserve.

Protecting Your Loved One From Elder Abuse in a Nursing Home

Mon, 24 Jul 2023 23:44:49 GMT

Nursing homes should keep their residents safe and healthy, but some people suffer abuse in these places. The elderly are particularly vulnerable to abuse in nursing homes. Below are steps to protect your loved one from such abuse.

Understand Different Forms of Elder Abuse

Nobody can prevent something they don't understand—you might not even know the significance of the threat of elder abuse. Therefore, the first step is to educate yourself on elder abuse, its forms, and its effects. For example, many people only focus on physical abuse, but elder abuse goes beyond that.

Below are other forms of elder abuse you should know:

Sexual abuse – unwanted sexual interactions
Emotional abuse – behaviors and words that cause mental distress
Neglect – failure to meet a person's basic needs
Financial abuse – improper or unauthorized use of a person's money or belongings

Start this research early enough so you are prepared before your loved one moves to a nursing home.

Choose a Safe Nursing Home

Nursing home choice plays a big role in determining your loved one's risk of abuse. Do your research and take your time to choose a good quality nursing home where your loved one is unlikely to face abuse. Below are three tips to help you choose a safe nursing home.

Conduct Online Research

Read online reviews and comparisons to select good nursing homes. Some websites even provide specific tools for researching nursing homes. For example, medicare.gov provides an online tool for comparing nursing homes.

Ask For Recommendations

Ask for recommendations from those with inside knowledge of the home care industry, such as professionals working in the healthcare industry. For example, your family physician or your loved one's current caregiver may recommend suitable homes.

Tour Prospective Nursing Homes

Tour prospective facilities to see firsthand what they look like. You may hear or see something that helps you protect your loved one. Speak with the staff and administrator. Ask about their nurses' training and safety protocols.

Maintain Contact With Your Loved One and the Nursing Home

Your protective services do not end after you get a good nursing home and your loved one is settled. Maintain contact with your loved one and nursing home. Below are practical ways of staying in touch.

Stay Involved in Your Loved One's Life

Even though the nursing home will be caring for your loved one, you should still be involved in your loved one's life as much as possible. For example, you should know their friends because many abusers are people known to their victims. Call your loved ones, know what they are doing, ask about their investments, and inquire about their new interests or hobbies.

Regularly Visit the Nursing Home

Visiting the nursing home accomplishes several things, such as the following.

You get to speak to your loved one face to face and read their nonverbal communication.
You can assess if the nursing home has changed since you last visited or since your loved one moved in.
You can socialize with your loved one and their friends and talk to the staff.

Simply put, physical visits may reveal things you might not learn while communicating from a distance.

Watch Out for Abuse Signs

Lastly, be always on the lookout for signs of abuse. Don't expect your loved one to inform you at the first sign of abuse—victims sometimes don't speak out about their ordeals. Some abuse signs to look out for include:

Unexplained physical injuries
Change in behavior or mood
Poor personal hygiene
Unexplained expenditures
Weight loss
Unexplained lifestyle changes

Conduct further investigations if you suspect something but cannot tell what it is. Maybe your subconscious mind is detecting something your conscious mind has not registered.

Schonberg Law Offices has over 35 years of experience in personal injury law, including elder abuse claims. Contact us once you inform the authorities and get your loved one the care they need. We will review the situation and help your family get the nursing home abuse compensation.

Using Premises Liability To Win Compensation After a Mall Attack

Thu, 22 Jun 2023 21:47:24 GMT

Compensation for assault and battery is usually complicated because many individuals lack insurance that covers such intentional acts. If the assault occurs in a public place, like a mall, use premises liability law to get compensation. In this case, the party in charge of the premises should compensate your losses. Read on to discover four things you must prove to use premises liability for your mall attack case.

1. Someone Assaulted You on the Property

First, you must prove that the attack occurred on the property. For example, a shopping mall is not responsible for incidents outside its gates. However, the mall should compensate for losses that occur within its boundaries.

Report your assault as soon as possible to start a paper trail you can use as proof. A security guard, shop manager, or any other mall worker may help you report your case to the right person. Take pictures of your injuries and property damages, such as torn clothing, as evidence. A premises liability lawyer can also help you get security footage from the mall.

2. The Defendant Owned or Managed the Property

You need to prove that the defendant was in charge of the property as either an owner or an occupier. Your assault's location determines whether the owner or occupier is liable, assuming they are not the same person. For example, an attack in a shopping mall's common area triggers the owner's liability. An attack in a specific shop makes the shop owner liable for your damages.

Consider a case where a criminal mugs you in a parking lot. In that case, the building's owner will likely be liable for your damages. However, an attack in a restaurant on the premises makes the restaurant manager liable for injuries.

Witnesses, security camera videos, and pictures can help prove the attack's location. Business licenses, lease agreements, and title deeds can help you prove who is liable for the attack.

3. The Defendant Knew or Should Have Known About the Attack

You must also prove that the premises owner or manager knew or should have known about the attack. This proof is crucial because injury defendants are only liable for injuries they could have stopped, and no one can stop an unforeseen incident.

You can show the defendant knew or should have known about the assault by proving that:

Multiple mall visitors have suffered attacks on the premises in the recent past
The mall's common areas have inadequate lightning and criminals can easily hide in the dark corners
A recent security evaluation warned about inadequate security
The place lacks security systems, such as cameras, that can deter thieves

The more you can prove, the more likely the court will believe the defendant should have foreseen such an incident.

4. The Defendant Failed To Protect You

Public places should take relevant measures to plug security gaps that can allow injuries to their visitors. For example, a mall owner who commits a security audit should act on the security report and secure their premises. Otherwise, their risk of liability for injuries on the premises increases.

You have a strong case if you can prove that the defendant didn't take any action or took inadequate action to prevent attacks like yours. For example, information about the defendant using budget cuts to install three cameras in a place that requires four can strengthen your case. Your lawyer can get such information during your case's discovery.

Hopefully, you have a strong case to win your compensation during the negotiations. However, don't rely on settling your case without an attorney. Schonberg Law Offices has an extensive experience with injury claims. Contact us to help you collect your compensation.

How Do Trucking Companies Cause Accidents?

Wed, 12 Apr 2023 21:43:03 GMT

Determining who is liable after a truck accident can be complex since multiple parties are involved, including the driver, trucking company, manufacturer of the vehicle and its parts, and the owner of the cargo. Discover how a trucking company's actions can lead to accidents below.

Negligent Hiring

Some truck accidents arise from a firm's hiring practices. For instance, a company may hire inexperienced drivers and put them behind big rigs, increasing the chances of fatal accidents.

Some firms seek to hire inexperienced drivers since they charge less per mile than seasoned drivers. However, the result of hiring inexperienced drivers is serious accidents that can lead to death. Other firms can fail to do thorough background checks on new hires.

Under the Federal Motor Carrier Safety Regulations (FMCSR), trucking firms must request a driver's personal information from previous employers for the previous three years. They should also obtain a motor vehicle record for each state a driver held a truck-driving permit in the last three years. Further, the company must review a new driver's drug test history and inspect their motor vehicle records every year.

Inadequate Training

Driver error is the primary cause of truck accidents. As such, driver training must be a priority for a trucking company looking to prevent accidents. However, some trucking companies cut corners during driver training to quickly get new hires on the road.

Inadequate training has deadly consequences since drivers lack the skills to make good decisions on the road. For instance, an insufficiently trained driver may drive too fast for certain weather conditions or move too close to other drivers on the highway. Since trucks are large and heavy, drivers need certain hours of classroom instruction and on-the-job training to drive safely.

Unrealistic Targets

Fatigued drivers will likely fall asleep at the wheel and cause deadly collisions. Driver fatigue has many causes, such as unrealistic deadlines set by the trucking company.

Federal and state regulations restrict the hours a driver can drive a commercial rig in-between shifts. However, a trucking firm's demanding deadlines can encourage drivers to disregard these regulations when they are tired. The company can also look the other way as drivers falsify their logbooks.

A tired driver can fail to check blind spots, make sudden lane changes, or sudden turns that endanger other vehicle operators. Drowsiness can also interfere with how quickly a driver reacts to sudden traffic conditions.

Poor Vehicle Maintenance

Big rigs are more complex than other vehicles and need constant upkeep. Commercial trucks are especially prone to dangerous malfunctions because they travel long distances under the immense weight of heavy cargo.

Some companies don't maintain their trucks as often as required and mechanical failures lead to catastrophic accidents. Many truck accidents involve brake failures due to poor upkeep and improper evaluation.

Because of this, federal regulations require truck companies to maintain the brakes on their trucks at all times. Therefore, some truck accidents result from tire blowouts due to faulty examination and inadequate upkeep.

Inadequate Drug Screening

Drug use is prevalent among truck drivers, with cocaine, amphetamines, and marijuana being the most common substances. Some drivers tend to use these drugs to reduce stress and stay awake for long hours.

However, drugs also reduce a driver's ability to drive safely, making them more likely to cause accidents. The law requires trucking companies to screen new hires for drugs and keep testing them throughout their employment. If a driver under the influence hits you, your attorney may hold the company liable for inadequate drug screening.

A truck accident attorney can also use various pieces of evidence to support a truck accident claim. For instance, the attorney can request prior traffic violations and incident reports from the police department. In this case, the attorney investigates the company's hiring policies and the driver's background to build their case.

If a trucking company is liable for your injuries after a truck accident, our attorneys at the Schonberg Law Offices can build a strong case to ensure you recover the compensation you deserve. Contact us today to meet our legal team.

An Overview of Post-Accident PTSD and Its Related Claims

Wed, 08 Mar 2023 19:34:57 GMT

An auto accident can cause various injuries, both physical and mental. For example, you might suffer post-traumatic stress disorder (PTSD) after a horrific accident. PTSD is a mental health problem that affects those who have experienced or witnessed traumatic events. Below are some things about PTSD and PTSD claims after an accident.

When to Seek Medical Care

You might develop PTSD soon or sometime after the accident. Thus, you should not dismiss your symptoms even if they appear weeks after the crash. Seek medical care for your PTSD symptoms even if you have already received treatment for your physical injuries. For example, you should seek treatment if you:

Have intrusive thoughts, memories, and nightmares about the accident
Avoid things related to the accident, such as driving
Experience significant changes in your emotions or mood
Experience changes to the way you react to things (for example, you might startle easily)

Your doctor might use physical and psychological examinations to diagnose your PTSD.

What Treatment Includes

The most significant thing to do after an accident is to recover as soon as possible. Recovery depends on correct diagnosis and treatment. PTSD treatment takes various forms. The major treatments include different forms of psychological treatments and medications. Note that PTSD treatment can take some time, so your treatment costs might be high.

Follow your doctor's treatment plan to the letter to aid your recovery and help your PTSD claim. You need the diagnosis and treatment records to connect your injuries to the accident and hold the defendant liable for your damages.

How to Obtain Compensation

You must prove all injuries for which you want compensation. However, you might struggle to prove your PTSD. Anyone can easily see if you have a fractured limb or a cut in the head but not an emotional injury. Below are some ways to prove your claim.

Diagnosis and Treatment Records

Even though PTSD is an invisible injury, doctors have diagnostic and treatment techniques for it. Thus, you should seek medical care if you suspect the condition. You can then use the records to prove the injury's existence. The records can also help you prove the related damages. For example, the defendant should pay the cost of all your therapy sessions.

Eyewitness Testimony

Eyewitnesses can testify about your symptoms. For example, work colleagues or neighbors can testify about your mood changes, fear of driving, and memory problems, among other symptoms. The testimony can corroborate your medical records and strengthen your claim.

Work Records

PTSD can affect your work in multiple ways. For example, you might:

Struggle with tasks that require cognitive functions
Fall asleep at work
Get into arguments with your coworkers

Your productivity can drop, you might have to take time away from work, and you might even lose clients. Use your work and income records to prove lost income due to PTSD.

Expert Testimony

You may also need an expert witness to prove your PTSD and its damages. An expert witness is a person with specialized skills whose opinion can shed more light on some factual matter. For example:

A mental health expert can testify whether your symptoms show PTSD
A doctor can explain how an accident can lead to PTSD
A financial expert can explain how your PTSD has affected your income

Your injury lawyer will help you identify and reach the experts you need.

In many cases, those who develop post-accident PTSD also have other physical injuries. In such a case, your PTSD claim will form part of your auto accident injury claim. Schonberg Law Offices can help you prove your auto accident damages and get the compensation you deserve. Contact us for a consultation to determine how to proceed with your case.

Steps in a Personal Injury Claims Process

Wed, 08 Mar 2023 06:07:22 GMT

The personal injury claims process can seem overwhelming and confusing, especially if it is your first time going through it. However, knowing the process can prepare you for any challenges and allow you to make the best decisions possible. Learn more with this rundown of the steps in a typical personal injury claim.

Seeking Medical Help

Getting a proper diagnosis and treatment for your injuries and documenting your injuries and treatment plan is critical. Not only will this aid in your healing process, but it will also serve as compelling proof in your legal case.

Gathering Evidence

Enough evidence can help defend your case and boost your chances of getting your rightful compensation. The evidence can include police reports, witness statements, and photographs or videos of the accident scene. Also, keep a record of all the money you spend on accident-related medical care and keep all your receipts.

Calculating Your Damages

The value of an injury claim is determined by calculating the damages. Damages include economic and non-economic ones, such as medical bills and lost wages, as well as pain and suffering. Understanding the worth of your injury claim will help you decide how much to file for and will calculate your compensation.

Consulting With a Personal Injury Attorney

An attorney can help you understand your rights and options and give you valuable advice as you seek compensation. They can look at your case, find evidence, talk to insurance companies or defendants, file a lawsuit, and help you with the appeals process. Find an attorney with the skills and experience to handle your case and consider the costs and benefits of hiring one.

Send a Letter of Demand

A demand letter is a formal way to ask for money and explains why the person or organization that hurt you should pay you. Send the demand letter to an insurance company (if the person who caused your injury is insured) or to the person or entity that caused your injury.

Negotiating a Settlement

When the insurance company or person who hurt you gets your demand letter, they may make you a settlement offer. You may accept this offer as is, or you may need to negotiate for a higher amount. You may need to file a lawsuit if you cannot agree on a settlement.

Filing a Lawsuit and Going to Trial

If you and the other party cannot agree on a settlement, you may need to file a lawsuit to seek compensation. When you file a lawsuit, you must prepare and file a complaint with the court, give the complaint to the defendant, and participate in the discovery process.

You will also have to present your evidence and arguments to a judge or jury, who will decide whether you should receive compensation and how much it should be.

Because the trial could be hard and take a long time, you need an experienced lawyer.

Collecting Settlement or Appealing the Decision

You will receive a settlement if your injury claim is successful. The settlement may include negotiating a payment plan or receiving a lump-sum payment. However, if you are unhappy with the outcome of your injury case, you may be able to appeal. Filing for an appeal means filing a notice of appeal with the court and explaining why the court should change the decision.

If you want to file a personal injury claim, talk to Schonberg Law Offices for advice and help. Our team of experts will guide you through the necessary steps and do their best to ensure you get the best and fairest compensation. The sooner you seek legal counsel, the better your chances of receiving the compensation you deserve.

Do not let the fear of the unknown or the legal system's complexity hold you back. Contact us at Schonberg Law Offices to arrange a free consultation.

Are Property Owners Liable For Your Injuries? Answers To Your Questions

Thu, 05 Jan 2023 20:37:00 GMT

When you have an injury, you deserve the maximum compensation you can receive in order to recover fully and move on. And one key to getting that compensation is to understand premises liability. What is it? What are its limits? And how can you prove it in court? Explore answers to your most important questions.

What Is Premises Liability?

Premises liability refers to the responsibility, or duty of care, a property owner has to provide a reasonably safe environment for those who use the property. Every person or organization owes a certain duty of care toward themselves and others. Liability happens when someone breaches that duty of care, resulting in harm.

Are Property Owners Always Liable?

You might assume that if you slip and fall on someone's stairs, the owner of the property is the first one you should sue. However, a few reasons explain why the owner may not be the most liable party.
The first is if their duty of care doesn't extend to the cause of your injury. If the stairs were properly maintained and a freak accident occurred that no one could have foreseen or planned for, the property owner may not be particularly liable.
What if the stairs were in good condition, but you were running down them? In this case, the property owner may argue that you are liable for your own injury and no breach of their own duty of care occurred.

Does It Matter Why You're There?

People can be on a piece of property for many different reasons. So premises liability law addresses this by reasoning on how much duty of care each party is due on the property.
Each state sets out its own rules about the duty of care toward visitors. In many states, these visitors are part of three categories. Invitees are those specifically there for the benefit of the property owner (such as customers). Licensees can be on the property, but they are usually there for their own benefit as well (such as servicepersons). Trespassers are not to be on the property at all.
Some states, including New York, often simplify this to determine the amount of liability based not on the reason a person is there but on how foreseeable their visit was. When you open your door to customers, you expect them to come. But you don't expect a thief in the night.

Should You Pursue the Owner?

What likely matters to you after an injury is getting the compensation you deserve. In most cases, the best way to do this is by putting in a claim against the property owner's insurance. However, if this is insufficient, you may need to sue responsible parties directly. The property owner may be the one with the deepest pockets to pay any judgments, and you may find their duty of care easier to prove.

What Do You Need to Prove Your Case?

Of course, just because you believe or know that the property owner was responsible doesn't mean you'll win in court. In general, you must prove four elements. What are these?
First, the property owner must have an appropriate duty of care toward you based on state standards. Then, they must have breached this duty. That breach must cause your injury. And finally, that injury must result in financial harm in some quantifiable way.

Where Can You Start?

Did you get an injury on someone's property? Have they tried to get out of their responsibility? Do multiple parties have some liability? Does insurance not cover your needs? No matter what you face after your accident, start by meeting with the team at Schonberg Law Offices . We'll help you understand your rights and find the best path to success.

Most Common Causes of Accidents on Construction Sites

Mon, 14 Nov 2022 19:43:00 GMT

Almost all construction sites carry a good amount of danger, and accidents are a real possibility. But, some of these mishaps are avoidable if workers observe basic safety precautions.
Construction accidents do not occur out of the blue. They result from a chain of events that lead to accidents. Read on to learn more about the common causes of construction site accidents.

Electrocution

Electrocution happens when a worker or piece of machinery gets in contact with electric sources or live electrical cables. Electrocution creates a shock, which triggers the muscles to spasm and can cause severe discomfort

Falls

Falls in the construction industry each year result in deaths and injuries. The CDC estimates that falls are to blame for one-third of all on-the-job deaths in the construction sector. When a worker approaches an open-sided floor, there is a chance that they will move sideways and backward blindly. Also, staircases without guardrails present a fall risk.
These incidents involve great heights and can cause fatal injuries. Also, sites with insufficient or nonexistent fall protection are the major sites for fall accidents.

Extreme Noises and Vibrations

Some construction sites are noisy because the heavy machines and equipment used there to make a lot of noise. Chronic exposure to loud noise can trigger numbness and deafness in workers.
You may not be aware that the use of power tools that often vibrate for extended periods might cause conditions like Hand Arm Vibration Syndrome . This condition can cause numbness and lack of sensation in the fingers.

Caught-In-Betweens

Some fatal construction mishaps can occur when workers become trapped in or wedged between a piece of construction equipment or rubles. These accidents can happen in any place. Workers in such an accident may get squashed, pressed, or crushed between two objects .
Rollovers of construction machinery and unprotected machinery components or unsecured equipment can also lead to these accidents. Construction worker fatalities related to these risks often result from inadequate enforcement of safety regulations, but operator mistakes can also contribute to these accidents.

Slips and Falls

Construction sites pose a significant risk of slips and falls, which is one of the main causes of workplace accidents. Various factors — like holes, objects, uneven terrain , and weather — might make it more likely that someone will trip or slip. Slips and accidents can happen even with adequate safety training and safeguards.

Vehicle Accidents

In the previous ten years, struck-by and caught-in incidents accounted for 13% of all occupational deaths. Vehicles and equipment contributed to a huge percentage of these incidents. Construction workers may come into contact with a wide variety of vehicles. These vehicles include dump trucks, bulldozers, excavators, and earth movers.
Vehicle accidents can occur because of these vehicles' inherent danger to their operators and workers. They can hit workers when the operators get distracted. These accidents can also occur as a result of poor visibility. The low visibility may result from environmental factors like rain, fog, and mist.

What Legal Remedies Do You Have After a Construction Accident?

You can prevent many construction accidents through the use of vigilance and safety precautions. Also, OSHA has given workers legal protection if they sustain injuries in the workplace. But the path from injuries to reimbursement is not straightforward or swift. Thus, it is prudent to enlist the services of an injury lawyer to increase your chances of compensation.
Have you or a loved one gotten hurt in a construction accident? You could be eligible for restitution. Please get in touch with us to arrange a no-cost consultation. We would like to discuss your legal options with you. We have extensive experience over several decades and primarily serve clients in and around the Hudson Valley, including Middletown, NY.

5 Items You Should Collect After a Car Accident

Mon, 17 Oct 2022 18:50:00 GMT

A vehicle accident is an unfortunate occurrence that may affect your health, emotions, or finances. Thus, you might consider suing the driver involved in the accident to recover some of the costs you might incur after the incident. You will need to present evidence to support your case to secure good compensation. Collect these five items after an accident to get a legal settlement in your favor.

1. Police Report

When involved in an accident, you or the other driver should call 911 emergency services. The response team will often include a police officer and a medical team. The police officer will question you and the driver and try to learn the events leading to and after the accident.
Also, the police will collect the information of the involved parties. This information will include details like a driver's license, a license plate, and contact information. If the vehicle involved in the accident is a commercial vehicle, the driver should provide the company's contact information. Any witnesses, like passengers in your vehicle or passersby, can also feature their testimony in the report.
The officer in charge of the accident scene will then generate a police report based on all the information they collected. Secure a copy for yourself and your attorney. This report will help you prove liability when you negotiate or sue for compensation against the negligent driver or company.

2. Doctor's Report

Don’t forget to consult a physician after an accident. The doctor's assessment will prove that you visited a hospital and suffered some physical injuries in the accident. The doctor will examine you and check if you have any severe or internal injuries.
The doctor will prescribe any medication you must take to reduce the pain if your injuries are serious. They will then document your injuries in their report. Ask for this report when you leave the hospital. The report will show that the accident was a direct cause of any physical conditions you have.
The report will be even more important if you had any physical conditions before the accident. For example, you might have had back problems before the accident. Yet, the medical report shows that you suffered spinal injuries. The doctor's assessment will clear any confusion about your current state.

3. Accident Media

After the accident, take pictures or short videos of the scene. The photos and videos will act as evidence to show the severity of the accident. They might also give a visual representation of the damage your vehicle has from the other driver. If you have a dashboard camera (dash cam), you can present it as additional evidence in the case.

4. Vehicle Damage Report

Have an appraiser you trust to check the vehicle after the accident. Have them assess the vehicle's condition, the damages, and the ways they impact its operation. Also, they should include a comprehensive list of all components and repair work necessary to restore your vehicle.

5. Work Office Documents

If you have a job, speak with your human resource manager to document all the days you missed due to the accident. This report will show that you missed your wages due to the limitations of the physical injuries from the accident. Also, it will provide a rough estimate of the driver's liability in the suit.
Personal injury cases need proof to show that the accused was liable for the injury and other losses you incurred. Speak to your lawyer after a car accident to understand how you can proceed with a personal injury case. You and your lawyer can secure and present these items to plan how the driver will compensate you.
Contact Schonberg Law Offices for legal help with a personal injury case.

Slip and Fall Accidents: What Are the Most Common Injuries?

Fri, 16 Sep 2022 15:52:00 GMT

Slip and fall incidents happen all the time and they can happen to anybody. They are a major cause of personal injuries at the workplace. A slip and fall can result in several typical forms of injuries. Recognizing the most frequent forms of injuries will help you evaluate your well-being following an accident.
Since slip and fall incidents are so common, even a small fall can result in serious injuries, contingent on where and how your body hits the ground or what precipitated the mishap. An individual may be able to bring a slip and fall lawsuit on behalf of victims who sustain injuries while on someone else's property.
In light of this, the following are the most frequent injuries experienced in slip and fall mishaps.

Traumatic Brain Damage

Traumatic brain injuries arise when your head is traumatized in any way. These serious injuries might happen when your head collides with hard surfaces or when anything pierces your skull. You can easily strike your head during a slip and fall incident, which may result in traumatic brain injuries.
Traumatic brain injuries range in severity from concussions to more severe wounds including fractures of the skull. However, every head injury is different and has the potential to be quite devastating. It should be handled much like a life-threatening condition.

Chronic Pain

Chronic pain is an issue that can arise as a result of a slip and fall. Chronic pain is persistent and can interfere with your ability to perform tasks or engage in tasks you cherished before the mishap. Chronic pain can also permanently limit your levels of mobility, meaning your existence will never be the same.

Fractured Tailbone

While it seems like the safest way to fall is to land on your bottom, doing so might cause tailbone fractures. Unfortunately, there is no way to cast or otherwise bind this bone so that it can heal due to its placement. Tailbone injuries can cause severe pain and can prevent you from doing usual tasks until the bone heals. Furthermore, tailbone injuries can take several months to heal.

Sprained Wrists and Ankles

A slip and fall mishap may compel you to take an awkward or uneven stride. People frequently extend their arms in front of them to help soften a fall. So unless the ligaments in your wrists or ankles rupture after a fall, you will most likely suffer a sprain or strain. Even though it might not appear to be a serious injury, an ankle and wrist injury can significantly impact your daily life.

Bone Fractures

The forces involved in a slip and fall mishap are typically sufficient to fully cause fractured bones. While any accident victims could suffer from fractures anywhere in the body, the elderly are more prone to sustaining broken bones after a slip and fall accident. Hip fractures are among the most problematic types of bone fractures that seniors frequently experience.
Distress and Suffering
The likelihood of distress and suffering is a frequent outcome of any injury. This implies that your emotional distress and suffering are severe enough to prevent you from going about your daily activities. These feelings may result from the physical pain of your injuries or the emotional trauma of your accident.

What Can You Do If You Have Suffered a Slip and Fall Injury?

Get in touch with a personal injury lawyer right away if you've suffered injuries after slipping and falling. A competent attorney can advise you on how to accurately record your injuries and help you obtain compensation. Although slip and fall claims might be difficult to prove based on the specific circumstances, a lawyer can provide the experience for winning recompense.
Please make an appointment for a free consultation with our personal injury lawyers at Schonberg Law Offices immediately. We will talk about how you can get reasonable compensation if you were injured in a slip and fall mishap. We also possess the knowledge, abilities, and commitment necessary to relentlessly pursue full compensation for your injuries.

5 Reasons an Insurance Company Might Deny Your Personal Injury Claim

Tue, 09 Aug 2022 19:53:00 GMT

If you have ever filed a claim for personal injury compensation with an insurance company, you might wonder why the company would deny your claim. Insurance corporations offer numerous reasons to reject any claims you forward for compensation, some of which might be legitimate due to a lack of adequate information from the claimant's side.
These five reasons explain why insurance companies deny most personal injury claims and may help you avoid any future claims obstructions if you follow the advice mentioned.

1. Expiry of Statute of Limitations

You might feel physically and psychologically drained after experiencing an accident and justify that it is better to rest, recover, and file your claim later. Arguably, an insurance payout helps alleviate any monetary stress you might incur during your recovery process. Therefore, receiving any amount to compensate for your financial loss will offset any costs regardless of the time it takes to receive such funds.
However, you might fail to receive any compensation if you wait too long to file your claim, denying any chance at a healthy compensation that might assist you. In most states, you have two years from the date of the accident to file a personal injury claim. If you wait longer, the insurance company will almost certainly deny your claim.

2. Lack of Documented Physician Assessment

Visit a doctor immediately after an accident to receive a professional assessment of the damage extent and severity. A personal injury claim becomes legitimate if there was significant damage that impacted your economic abilities.
Many people may fail to realize the importance of this examination as it creates a documented trail to highlight any injury claims. Therefore, seek medical attention after an accident even if you don't think you're injured.

3. Mild Injury Compared to the Company's Assessment

The insurance company might not believe your injuries are as severe as you claim. Insurance companies often hire doctors to evaluate claimants and determine the extent of their injuries. If the insurance company's doctor says your injuries are not as severe as you claim, the insurance company will likely deny your claim.
Ensure you receive a second opinion from an accredited medical institution or physician. If your doctor agrees that your injuries are severe, the insurance company will have a more challenging time denying your claim.

4. Pre-Existing Medical Conditions Unrelated to the Accident

A pre-existing condition is a medical condition that you were diagnosed with before the accident. If a doctor has told you about your pre-existing condition, it could be used against you if an insurance company denies your personal injury claim.
If you have a pre-existing condition, the insurance company may try to argue that your injuries are unrelated to the accident. For example, if you have a history of back problems and injure your back in an accident, the insurance company may argue that your back problems are not related to the accident.
Request a letter from your doctor stating that your injuries emanated from the accident. This document will help prove that the accident and the injury correlate regardless of any pre-existing conditions.

5. Insufficient Proof of the Other Party's Involvement

You must prove that the other party, who is the insurance holder, was at fault for the accident to win a personal injury claim. If the insurance company doesn't believe that the other party was at fault, the insurance company will likely deny your claim.
Therefore, you should gather evidence to prove that the other party was at fault for the accident. When you contact your lawyer, you can include witness statements, photos, and video footage or request an investigation. If an accident caused any physical or emotional damage to you, you should speak with a lawyer to help you understand what happened and how to proceed with the claim process. These five tips can help you know the significant reasons for the denial and prepare you to take legal action.
Contact us at Schonberg Law Offices if you require assistance to file and secure a personal injury claim with your own insurance company or the liable party's insurance company.

5 Common Types of Compensation in a Personal Injury Case In New York State

Thu, 07 Jul 2022 18:56:00 GMT

Whether a slip and fall accident, medical malpractice, or car accident, anyone injured due to another party's negligence deserves compensation. However, the value of your claim depends on various factors, including the nature and extent of your injuries, how the accident happened, the pain and suffering you experience from the injury, and the medical treatment costs you've incurred after the injury.
Therefore, before filing a personal injury case, ensure that you know the type of compensation you are entitled to. Below are some common types of compensation you can claim in a personal injury case.

1. Medical Expenses

If you sustain injuries after an accident, the first thing you should do is to seek medical attention. The hospital you’ll visit will charge a medical bill based on the type of treatment provided. These bills can range from several hundred to thousands of dollars.
1a. Motor Vehicle Accidents
Under New York State Law, the vehicle you are operating or occupying as a passenger must have a No-Fault policy which will pay for out-of-pocket expenses that consist of medical payments, lost wages, travel expenses, and medications. You should check with your insurance carrier to make sure that you are properly insured for No-Fault benefits.
1b. All Other Accidents
In other types of personal injury actions, compensation should return you to the financial position you were in before the accident, the party at fault may be legally liable for all your medical costs, including medications, medical visits, surgeries, assistive aids, physical therapy, and any travel expenses incurred when seeking medical care.
However, the insurance carrier for the responsible party, normally will not pay for out-of-pocket expenses up front. Therefore, you must use your personal major medical insurance carrier. (BC/BS, AETNA, MEDICARE/MEDICAID, Union and/or Employer Plan) Some plans, including but not limited to: Medicare, Medicaid, and Union funded insurance will enter a lien for the medical payments that you a responsible to pay back. An experienced personal injury law firm will do everything in it's power to have the lien reduced. In addition, when resolving this matter the law firm must make sure that the lien payments are taken into account when settling and/or the trial of this matter to protect your legal interest.

2. Pain and Suffering

Injuries can cause physical or emotional pain to the injured victim. For example, if an accident leaves you permanently disabled, the physical injuries could cause physical suffering, but you also experience emotional pain due to hardships like not being able to live without assistance.
Since pain and suffering may not have physical evidence, like photos and videos, you can write a documented journal of how your daily life has changed since you got the injury and provide testimonies from close family members and friends.
Testimonies from medical doctors regarding the extent of your injuries and their impact on your life or reports by mental health professionals are also crucial in proving physical and mental suffering.

3. Loss of Income and Earning Capacity

You may lose your job during your recovery period following an accident. During this period, you could have little or no income. If your injury prevents you from working, you won’t receive an income until you fully recover and return to work.
Likewise, permanent injuries may force you to change your career, or you might lose your ability to work for the rest of your life.
In motor vehicle accident cases you may be entitled to lost wages through your No-Fault policy. In car accidents, the lost wage portion of No-Fault is somewhat limited and you should check with your insurance carrier for additional coverage.
In Worker's Compensation accidents, your employer(s) Worker's Compensation Carrier should pay lost wages until you are deemed not disabled. Depending on the type of accident, the Worker's Compensation Carrier will most likely file a lien which must be paid at the completion of your personal injury claim.
If your injury is found that you are seriously disabled/totally disabled, you may have the ability to file for Social Security Disability. Most personal injury firms do not represent clients for Social Security Disability claims but may have a recommendation for an attorney that specializes in the aforementioned.
A personal injury lawyer will assist you in finding that the party at fault compensate you for all the wages lost, including any other financial opportunities you could have enjoyed if you were at work, like potential promotions. In certain circumstances, where a permanent loss of income is found, the party at fault should pay the lifetime value of your income.

4. Loss of Enjoyment

You can demand compensation for loss of enjoyment if your injuries cause the inability to enjoy your hobbies or recreational activities. For example, if you lost a leg in an accident, you may not be able to engage in some recreational activities.

5. Wrongful Death

You can claim compensation for wrongful death if a loved one dies from an accident caused by the negligence of another party. Factors that determine the value of wrongful death damages include the medical bills and funeral costs of the victim, and any economic losses you've experienced after the death of your loved one.
Though compensation from a personal injury case may not fully make you whole again, you get the finances you need to put your life back together. However, you must prepare for your case because settlement amounts vary depending on circumstances. The information above will help you know what factors influence compensation in your situation.
At Schonberg Law Offices, we are committed to helping our clients receive the compensation they deserve. Contact us today for a free case evaluation.

Here's What You Should Do After a Slip and Fall Accident

Thu, 16 Jun 2022 17:17:00 GMT

Did you know that each year 684,000 fatal falls occur worldwide? That makes this issue the second leading instigator of unintentional injury deaths! Moreover, falls are responsible for over eight million annual hospital emergency room visits. So, slip and fall cases are more common and dangerous than most people think. Follow the instructions outlined below if you or someone you know has suffered injuries from a slip and fall caused by wet or uneven surfaces, improper safety practices, stray cords, or any other mishap.

Steps to Take After a Slip and Fall

Below are the steps you should take immediately after slipping, falling, and sustaining injuries on someone else's property.

Step 1: See a Doctor

A slip and fall can lead to several injuries, including soft tissue injuries, concussions, traumatic brain injuries, broken bones, and cuts and abrasions. A certified health practitioner can identify the exact injuries you've sustained from a fall and treat them accordingly. So, seeking medical treatment immediately after a slip and fall is paramount. Don't skip this step because your injuries may be more severe than they seem and lead to aggravated issues in the future if left to fester. Besides, visiting a practitioner immediately after an incident can help your case by establishing a direct link between your injuries and the slip and fall.

Step 2: Inform Relevant Authorities

After seeking medical attention, report the accident to the relevant authorities. If, for instance, it happened in a retail store, talk to a manager. Or, if you slipped and fell at a friend's apartment, ensure the landlord is aware of the incident. While reporting a slip and fall, don't exaggerate anything. But don't leave out any vital details either. And, if possible, make an official statement in writing. That will play a significant role in convincing court officials you took the accident seriously. Writing down the entire narrative is more reasonable than relying on your memory alone. Remember, you are likely to forget some details, and your mind may warp certain events over time, which can undermine your claim's success when you decide to seek justice.

Step 3: Document Everything

If you slip and fall in a public area like a retail store's floor, try collecting all potential witnesses' names, phone numbers, and physical or email addresses. Although not all slip and fall cases require eyewitness accounts, their statements may come in handy when officials demand proof. Most importantly, take as many photos as possible and make sure your camera covers the entire location of the incident. You can also focus on hazardous spots responsible for the accident, such as a slippery floor or damaged stairs. The good thing is that you don't need a high-end camera or outstanding photography skills to take pictures of the scene. Your smartphone's camera can do the job, provided it takes clear photos.

Step 4: Consult With an Attorney

If you are a slip and fall victim contemplating filing a lawsuit, don't do it without a reputable attorney. An experienced lawyer can examine the evidence you have and advice you accordingly. That is important because property owners are not always responsible for these incidents. Sometimes people trip and fall due to their own negligence, making their claims invalid. In addition, slip and fall attorneys have the skills and expertise required to negotiate with property owners or insurance companies and their representatives. Without them, the other parties may shortchange or dupe you into accepting the lowest compensation possible.

Hire Formidable Attorneys Today

Slip and falls often lead to injuries, severe discomfort, significant medical expenses, and lost wages. All these can derail your day-to-day life. Not to mention, in extreme cases, a slip and fall incident may lead to death. If you or someone you know has suffered injuries from a slip and fall, hire superior lawyers from the Schonberg Law Offices . We have outstanding attorneys ready to listen, offer advice, and help you get fair and just compensation. Reach out to our team and Get a Free Case Evaluation today!

4 Things to Know About Construction-Site Injury Lawsuits

Tue, 12 Apr 2022 16:15:00 GMT

Few workplaces offer more potential for injury than construction sites, and few cities have hosted more construction activity than New York City. As a result, the state has seen an enormous number of construction-site accident injuries, accounting for 26 percent of all New York's work-related deaths. If you have sustained a debilitating injury due to a construction-site accident, you may have grounds to file and pursue a personal injury lawsuit, even if you also qualify for workers’ compensation. Since this issue can prove complex and confusing, you'll want to study the following four important points about construction-site injury lawsuits.

1. Injured Construction Workers Usually Get Workers’ Compensation

Like the vast majority of U.S. states, New York requires employers to maintain workers’ compensation insurance. This form of insurance practically guarantees prompt financial compensation for workers' injuries. In exchange, injured workers typically waive their right to file a personal injury lawsuit against their employers.
Workers’ compensation can provide you with a quick, uncomplicated lump-sum payment to cover your immediate medical bills and lost wages. Unfortunately, it may not compensate you sufficiently for your long-term needs, limitations, and losses, especially if your injury causes permanent disability.

2. You May Have Grounds to Sue Despite Workers’ Compensation

Workers’ compensation doesn't always bar a personal injury lawsuit against your employer. For instance, if your employer committed gross negligence or a malicious action that directly led to your injury, you may have grounds to sue. You may also file a lawsuit if your employer denied compensation unfairly or failed to carry adequate insurance.
Even if you receive workers’ compensation for your construction site, you may also file a personal injury lawsuit against a liable third party. Examples might include contractors injured on the job due to faulty electrical wiring or substandard mechanical maintenance by another company, rather than any fault by your employer.

3. Bystanders Can Also File Construction-Site Injury Lawsuits

Employees make up only one major category of individuals who may need to file a construction-site injury lawsuit. Innocent bystanders may also receive injuries from falling objects, exposed wiring, toxic chemicals, and other workplace hazards. If you fall into this category, you may decide to sue the liable party for damages.
Sometimes a worker or bystander dies as the result of a construction-site injury. If you've lost a loved one in this way, you might have sufficient grounds to file a wrongful death lawsuit. Your attorney can investigate the circumstances of the death to determine which party or parties might shoulder blame for the death.
The sheer range of potential defendants in this kind of case can prove bewildering for both construction employees and bystanders. The liable parties in your case might include the project's architect, engineers, foremen, contractors, subcontractors, or the manufacturers of defective tools or equipment.

4. You Must Demonstrate Several Key Facts to Win Your Lawsuit

Severe injuries and even deaths on construction sites may occur as freak incidents, with no one directly responsible. For instance, a high wind that blew a tool off a scaffold and hit an individual may leave no one liable. However, if someone failed to secure that tool according to proper procedures, that party may hold liability.
In practically any kind of personal injury lawsuit, you and your attorney must show four key points to the court's satisfaction. You must show that the defendant held some responsibility for your safety, that the defendant failed in that duty of care, that the failure caused your injury, and that the injury produced losses.
The experienced personal injury attorneys at Schonberg Law Offices can review your situation, help you decide whether to file a construction-site injury lawsuit and which parties you should sue, and then pursue that lawsuit as effectively as possible. Contact us to schedule a consultation at any of our law office locations .

Mistakes to Avoid When Hiring a Personal Injury Attorney

Thu, 24 Mar 2022 18:43:00 GMT

Sustaining injuries is physically and mentally traumatizing. In a nutshell, personal injury is a physical or emotional injury caused by another party's recklessness. Apart from subjecting you to pain, personal injury can cost you a lot of money on treatment. A personal injury lawyer will be all you need to get valuable compensation for the losses sustained.

You should know about several personal injury claims, including assault, car accident injuries, motorcycle, and truck injury claims. Finding the best personal injury lawyer for your case requires knowing what not to do. Read on to discover key mistakes you should avoid when hiring a personal injury lawyer.

Hiring an Inexperienced Lawyer

Experience should not be an option when looking for a personal injury attorney. Sometimes, your personal injury claim can be complex. For this reason, an inexperienced lawyer might not be able to handle all the arising challenges/complexities. You need an attorney who has been practicing personal injury law for quite some time and understands all the court procedures.
Your personal injury attorney should also be familiar with the laws in your state. Because some laws vary from state to state, ensure that the attorney you hire knows your state’s laws and regulations for personal injury cases. They know how to streamline paperwork, negotiate, and help clients make the right decisions. Note that the defendant in your case is also likely to have a lawyer. Because of this, you need a legal expert who has effective strategies to make the judge rule the case in your favor. Research the attorney's online information and work history. Hire an attorney that has a trend of winning the clients' cases.

Not Researching

Law is a vast field with many types of lawyers. Making hasty decisions can be detrimental. You also risk losing your money and case in the end. Proper due diligence is compulsory before deciding on the attorney you want for your claim. Good research will give you more background information about the lawyer. You will be confident and enjoy peace of mind knowing that your case is in the right hands.
One way of research when hiring these legal specialists of them is consulting close friends and family. You can also get recommendations from people that have worked with a personal injury attorney before. Like in other fields, lawyers are widely networked. Consulting a different lawyer about the best personal injury attorneys will also help. The attorney's online reviews also matter a lot. Positive reviews prove the lawyer's dedication to providing quality legal services. Personal injury lawyers with negative reviews could indicate red flags.

Not Checking the Fees

Take time to understand the fees charged by the attorney. You should keep several things in mind when comparing the fees from different attorneys. First, avoid lawyers charging upfront fees. Contingency fees should be your focus. Here, you pay the attorney the agreed percentage once you win the case.
Don't only focus on one attorney. Contact several lawyers to compare their legal fees. By this, you will create a fitting budget and avoid overspending. Finding the right lawyer for your injury claim should not be a tasking process. A good attorney will be there to provide you with objectivity throughout the case. You will save time and receive compensation.
The only way of enjoying these benefits is by taking time to look for a professional personal injury attorney. Avoid any possible mistake that could cost your money and justice in the end.
At Schonberg Law Offices, we represent our clients in all their personal injury claims to help them receive fair compensation. Contact us today for a free case review. We look forward to helping you receive the compensation you deserve in your personal injury case

3 Things to Avoid in Your New York Personal Injury Lawsuit

Wed, 23 Feb 2022 18:38:00 GMT

If your injury is due to someone else's negligence in an auto accident, you may have grounds for a personal injury lawsuit. Many people focus on the correct steps to ensure they receive the compensation they are entitled to. However, doing the wrong things even while taking these steps can jeopardize any settlement you deserve. Here are a few things you want to make sure you avoid.

1. Do Not Admit Fault

New York is a no-fault insurance state when it comes to auto accidents. No-fault means that your insurance company, or the insurance company of the car you were riding in, normally covers the damages incurred, regardless of who caused the accident.
Fortunately, living in a no-fault state does not prevent you from filing a personal injury claim against the other driver if your costs exceed your coverage. Even if the same company pays for the physical damages from the accident and your bodily injury, these will be two separate claims.
A bodily injury claim has a different standard of proof than insurance coverage. Your admission of fault at the time of the accident can prevent you from collecting during your bodily injury case.
Maintaining the ability to collect from a personal injury claim is important because minimum policy coverage is often not enough to pay for your injuries or property damage. Minimum insurance coverage in New York is low. The required $25,000/$50,000/$10,000 means that you only have $25,000 per person, $50,000 per accident, and $10,000 of property damage.
This coverage level pales compared to the average medical costs you can easily incur during an accident. Fortunately, New York also requires drivers to carry an additional $50,000 of personal injury protection, called PIP coverage, to help cover any related expenses exceeding coverage limits.
Once the PIP coverage is exhausted, your personal injury lawsuit will come into play. If you admit fault, however, you may forfeit the opportunity to qualify for a payout from a personal injury lawsuit.

2. Do Not Delay Hiring an Attorney

Do you know that hiring a personal injury attorney not only increases your chances of receiving a settlement but also increases the potential amount you will receive by more than three times ? You need to hire a personal injury attorney following your accident as soon as you can.
While the insurance company may pay your bills up to a specific limit under the no-fault coverage, they will try to minimize their payouts as much as they can. Once hired, your attorney should direct all communications between you and the insurance company. They understand the language being used and often know the insurance employees involved.
Your attorney should review any form you sign, statements you make, and authorize the release of requested medical information. Having your attorney involved from the very beginning will keep them from having to play catch up later.

3. Do Not Delay In Filing Your Case

Although you may feel that your injuries will improve over time, improvement is not guaranteed. Do not hesitate to file your personal injury lawsuit. The statute of limitations on a personal injury case in New York is three years, but this does not mean you can wait until the last few days of this period to file your claim.
You must file certain documents along the way. For example, you only have ten days to fill out and file a Report of a Motor Vehicle Accident following an auto accident. If not done, the Department of Motor Vehicles can suspend your driver's license until the report is received.
Schonberg Law Offices will help you avoid making costly mistakes during your recovery. We will ensure you receive the care you need and the settlement you deserve. Give us a call today to schedule your consultation.

7 Things to Consider When Hiring a Personal Injury Lawyer

Wed, 23 Feb 2022 17:41:00 GMT

Recovering from an accident or injury can be a daunting experience, especially if your injuries result from another person's neglect. You may suddenly find yourself paying numerous medical bills or suffering income loss as you recover from your injuries. Additionally, you may experience emotional trauma from the accident.

If you have sustained injuries through the recklessness or negligence of others, you can hold them accountable for the damages by filing a personal injury claim. If you have never filed a personal injury claim before, seek legal counsel to help and guide you through the process. Hiring a good lawyer can make the difference between getting the financial compensation you deserve or suffering under the weight of unanticipated medical bills and emotional damage.

Find out seven things to consider when hiring a personal injury lawyer.

1. Relevant Experience

Before choosing a lawyer, browse through their website to ensure they have dealt with numerous personal injury cases similar to yours. Such a lawyer will have the necessary skills and expertise to help you maximize your compensation.

2. Reputation

If previous clients have received excellent representation from a certain lawyer, then so will you. A good way to know an attorney's reputation is by checking out client reviews and testimonials. This will help you know how they relate with their clients, which is an easy way to determine if they are the right fit.

3. Costs and Fees

While you want to get good legal representation, you don't want to go broke from paying service charges. Before choosing your attorney, discuss their billing practices and payment plan. Most personal injury lawyers agree to deduct their fee from the settlement amount. However, you must remember to ask how much money you will owe your lawyer if you do not recover money from the personal injury claim.

When you know your prospective personal injury attorney's charges, you can hire one who works within your budget.

4. Trial Experience

While most personal injury cases are settled out of court, some cases may go to trial. An attorney who lacks trial experience may settle for less compensation to avoid a court battle. To avoid that, choose an attorney with extensive trial experience to see your case to the finish.

5. Winning Record

A good personal injury lawyer should have more wins than losses inside and outside the courtroom. Before meeting a lawyer, visit their website to get statistics of the cases they have settled and the specific compensation amounts they have won for their clients. If that information is not on their website, make sure to ask for it when you meet your attorney.

An attorney who is a skilled negotiator and can make compelling arguments in a trial is your best bet to maximize your settlement. Such an attorney is likely to have a winning streak inside and outside the courtroom.

6. Discipline History

Before hiring an attorney, make sure they have a clean track record. The New York court system has publicly available attorney discipline records; therefore, finding a prospective attorney's discipline history is easy. Steer clear of an attorney with a history of disciplinary issues.

7. Accessibility

You deserve an attorney who responds to your queries promptly and always keeps you informed of your claim proceedings. Therefore, before making a hiring decision, ask how an attorney communicates with clients, how you can reach them in case of questions, and how often you can expect updates.

Good lawyers can be hard to find. But at Schonberg Law Offices, we commit to making our clients a priority to ensure they receive the compensation they deserve. Contact us today for a free case evaluation and legal representation on all personal injury and accident cases.

How Nursing Home Neglect Can Affect Your Loved Ones

Wed, 23 Feb 2022 17:37:00 GMT

Nursing homes should maintain certain standards on how they care for their residents. These standards are necessary to maintain the residents' safety and wellbeing. Read on to learn about some of the problems nursing home residents might experience due to neglect.

Poor Physical Health

Poor physical health is almost a guaranteed effect of nursing home neglect. Some health effects include the following injuries and diseases.

Poor Nutrition

Everyone needs good nutrition to be healthy. Poor nutrition leaves the body weak and susceptible to various infections and injuries. Nursing home residents with poor diets have a heightened risk of ill health.

Negligent Mobility or Physical Support

Many nursing home residents are physically frail due to advancing age or chronic diseases. Many of them require physical support to get onto or out of the bed or get around. Inadequate support increases the risk of accidents. For example, a frail nursing home resident can roll off the bed if no one helps them.

Inadequate Medical Care

Even relatively minor medical ailments can morph into serious issues without timely and adequate medical care. For example, bedsores can trigger infections that can reach the joints and bones. Thus, a nursing home is guilty of medical negligence if it doesn't provide adequate medical care for its residents.

Poor Mental Health

Mental health is just as important as physical health. Nursing home neglect can cause poor mental health in the affected residents. For example, a resident's mental health might suffer if:

They experience routine abuse or insults
They remain isolated for prolonged periods, for example, due to mobility difficulties
They don't get adequate treatment for their mental problems
They voice concerns, but the nursing home doesn't listen or respond

Consider a nursing home resident with back problems who requires help to get around. The responsible caregiver ignores or bullies the resident whenever they ask for help. The neglect can trigger different psychological problems for the resident, such as fear, anger, and resentment. Such issues can even trigger depression in the end.

Poor Personal Hygiene and Grooming

Many nursing home residents rely on caregivers to help them with daily hygiene or grooming care. Many residents need help dressing, washing clothes, and keeping their environment organized and hygienic. Each resident's circumstances determine the help they need.
For example, a nursing home resident with advanced arthritis may need help brushing and flossing their teeth. The affected resident might end up with stained teeth and a bad mouth odor.

Pain and Suffering

The effects of nursing home neglect are not always visible. For example, many nursing home residents suffer pain and suffering due to neglect. The pain and suffering are both physical and mental. Moreover, pain and suffering can occur with or without physical health problems.

Death

You cannot take fatality out of the equation where nursing home abuse is concerned. Infections, accidental injuries, and even complications of chronic medical issues can all prove fatal. Consider the following examples:

A nursing home resident with heart problems who doesn’t get medication on time
A nursing home resident who trips and hits their head on the floor when trying to get onto the bed
A nursing home resident with compromised immunity who develops an infection due to unhygienic conditions

Such cases can easily prove fatal without prompt intervention. Unfortunately, prompt intervention is not common for residents already suffering from neglect.
You should dig deeper to confirm the situation if you suspect your loved one is a victim of nursing home neglect. Get your loved one better care, and contact Schonberg Law Offices for help if you confirm your suspicions. We will review the situation and help your loved one get the compensation they deserve.

How Much Of Your Accident Award Will You Keep?

Tue, 07 Dec 2021 06:46:00 GMT

An accident victim should understand the claim process from the demand letter to the settlement or award stage. For example, you should know that you would use part of your award to settle obligatory expenses. Say you win a million dollars in an auto accident lawsuit. You will only pocket part of the money that remains after you settle all mandatory expenses. Below are some of the expenses that determine how much you get to keep after your settlement.

Legal Fee

Most personal injury lawyers charge contingency fees, which means you only pay if you win a settlement. The contingency fee is typically a percentage of the settlement or judgment award. You agree with the lawyer on the percentage before they begin to work on your case. A common contingency fee percentage is often a third of the awarded settlement or judgment.

Case Expenses

Your injury settlement also pays for the case expenses. When a lawyer agrees to handle your case on a contingency, they also agree to cover the case's expenses to completion. The lawyer then deducts the expenses from the settlement money. That is why lawyers only invest in cases in which they believe will win.

Case expenses, which are different from legal fees, may include things like:

Court filing fees
Investigation fees
Communication fees
Document production fees
Expert witness fees
Transportation expenses
Accommodation exposes

In short, expect to pay for every justifiable expense the lawyer spent to win your case.

Settlement Liens

Settlement liens are financial claims that third parties might have on your settlement money. Third parties often place liens on settlement awards to recover their debts. Liens almost always have the full approval of the court. Once your case settles, the lienholder gets their money first, and you get the rest. Below are some of the liens you might have to pay when you settle or win your case.

Health Insurance Liens

Some health insurance policies have liens in their terms and conditions. The lien clause allows the insurance company to recover the money they might use for your accident treatment if you win your case. Say an insurer used $25,000 for your treatment after an auto accident. The insurer might recover all or some of the money once you win your case.

Medicare or Medicaid Liens

Just like medical insurance companies, Medicaid and Medicare also have the right to recover their payments after you win your case. In fact, the government can pursue the case and recover their money, even if you give up before the case's conclusion.

Auto Insurance Liens

Some auto insurance policies include payments for medical treatments after an accident. In such a case, the insurance company reserves the right to recover their money from your settlement if you win.

Taxes

Some parts of your settlement award may be taxable, while others are not. For example, the portion of your settlement that covers physical injuries or sicknesses is not taxable. However, the following parts of the settlement might be taxable:

Interests on your settlement, for example, if your case took a long time to conclude
Punitive damages
Pain and suffering damages that exceed your medical costs

Your lawyer will help you compute which parts of your settlement are taxable.

The best way to receive as much money as possible is to maximize your award and minimize your expenses. Schonberg Law Offices can help you with both objectives. Contact us for a free initial consultation of your accident case. We will be happy to discuss all of your questions and concerns. Let us know how we can assist you in your legal needs.

Chest Pains After an Auto Accident? Learn What Caused Them and What to Do

Wed, 13 Oct 2021 02:33:00 GMT

The chest is one of the critical parts of the body. That is why you should not dismiss chest pains after an auto accident. Below are some of the potential causes of such chest pains, plus tips on what you should do.
What Are the Possible Causes?
Any injury to the chest area can cause chest pains. Below are examples of such injuries.
Muscle Injuries
The chest has considerable muscle layers to protect the sensitive internal organs in the chest cavity. The muscles can suffer different damages in an auto accident. For example, you might suffer:

Muscle strain if the seatbelt pressed into your chest in an auto accident impact
Muscle bruises if the airbag or steering wheel hits your chest
Lacerations if sharp objects cut or pierce your chest muscles

Note that you might feel muscle pain even without significant signs of external injuries.
Bone Injuries
The ribs and sternum are the major bones of the chest region. These bones can suffer fractures or bruises, which can trigger chest pains.
Internal Organ Injuries
The chest cavity houses several internal organs, such as the lungs and heart. A serious blow to the chest can injure these internal organs. You can even suffer internal organ injuries without direct, blunt force trauma. For example, sudden acceleration or deceleration can jostle the internal organs and trigger chest injuries.
Blood Vessel Injuries
You might also suffer chest pains if something compresses or ruptures blood vessels in your chest. For example, a sharp object might pierce your chest and puncture a blood vessel.
What Should You Do?
You can recover from your chest pains if you get the right medical treatment. You can limit the effect of the chest injury on your life if you get compensation for the injuries. Below are some tips that can help you with both issues.
Get Immediate Medical Care
As previously mentioned, the chest cavity contains two vital organs: the lungs and the chest. Get immediate medical care to prevent such organs from suffering permanent damage. In fact, you should ride in an ambulance if you develop chest pains after an accident.
The ambulance will:

Get you to the ER (emergency room) fast
Protect you during the ride to the ER
Help you prove the seriousness of your injury during your auto accident claim

Describe your chest pains as accurately as possible to your doctor to help them make the correct diagnosis.
Follow Your Doctor's Advice
The doctor will diagnose and prescribe treatment for your injuries. Your role is to follow the doctor's orders to the letter. For example, the doctor may advise you to:

Avoid strenuous activities
Get certain hours of bed rest
Avoid some things, such as cigarettes or alcohol, during recuperation

Follow the doctor's instructions both for your recovery and auto accident claim. That way, you can prove to the defendant that you mitigated your injuries by following your doctor's advice to the letter.
File an Auto Accident Claim
A serious chest injury can affect your life in multiple ways. For example, you might:

Struggle to help or play with your kids
Struggle to enjoy physically demanding hobbies
Spend a long time in a hospital
Miss work and its related wages
Require ongoing or long-term treatment

Monetary compensation by the defendant might not make you whole, but it might ease some of your suffering. Discover a few tips to maximize your possible compensation:

Gather and preserve as much evidence as possible.
Don't settle your case until you reach your maximum medical improvement (MMI).
File your claim against all the potentially liable parties.
Include every possible damage in your claim.

Hopefully, your auto accident attorney will help you recover maximum damages.
Contact Schonberg Law Offices for consultation on your auto accident case. We will review your case and help you pursue your settlement.

Frequently Asked Questions About Trip and Fall Injuries

Thu, 23 Sep 2021 20:08:00 GMT

You may have heard or read numerous stories of individuals who brought a claim against the owner of a business or property over a slip and fall accident injury. However, trip and fall injuries may also merit legal action to recover medical expenses and other losses. As similar as these two types of cases sound, their differences can matter when filing a lawsuit.
If you have recently tripped and injured yourself due to a property owner's apparent negligence, you need to understand how trip and fall injuries occur, what forms they can take, and how you can present the most effective case possible. Take a look at some frequently asked questions about trip and fall injuries and lawsuits.
How Do Trip and Fall Accidents Differ From Slip and Fall Accidents?
Because of the obvious similarity in their names, slip and fall accidents tend to get jumbled up with trip and fall accidents in many people's minds. However, although both accidents involve falls, sufferers of slip and fall accidents fall backward, while sufferers of trip and fall accidents fall forward. These two different types of falls can produce significantly different injuries. Slip and fall injuries often leave sufferers with sprained wrists (the result of an effort to break their fall), sprained ankles, brain injuries, and spinal or nerve damage. Trip and fall injuries more commonly cause fractures, lacerations, neck injuries, and foot or ankle damage.
Why Does the Difference Matter From a Legal Perspective?
The difference between a slip and fall accident and a trip and fall accident matters because these two types of accidents tend to stem from different causes. For instance, a slippery floor or recent spill may cause you to slip, while uneven pavement or items on the floor may cause you to trip. These details can make an important difference when establishing and describing the property owner's degree of negligence in a lawsuit. The more precisely you can show how the property owner caused your fall, the more effective your overall case is.
How Do You Pursue a Trip and Fall Injury Lawsuit?
Trip and fall injury lawsuits fall under a personal injury category known as premises liability, in which the owner of a premises bears responsibility for someone else's injury on that property. However, simply falling on someone's property does not entitle you to file a lawsuit; you must also convince the court of the other party's fault.
To make a convincing trip and fall case, you must first show that you had a legal right to enter the property, thus establishing the property owner's duty of care. If you trespassed on that property, with or without the owner's knowledge of your presence, you cannot successfully pursue a trip and fall injury lawsuit against the owner.
Nor does the fact that unsafe conditions caused your fall necessarily call for a trip and fall lawsuit. To prove negligence, you must show that the owner actually knew about the unsafe conditions in advance and did nothing to correct them. Finally, you must show that the negligence in question caused your injury and resulted in losses.
How Does New York Assign Liability in a Trip and Fall Injury Lawsuit?
Different states use different measuring sticks to determine and assign liability in personal injury cases. New York follows the rule of pure comparative negligence. Under this rule, the percentage of your own fault versus the fault of the other party can reduce your award by the same percentage of the total dollar amount. If a recent trip and fall accident has upended your quality of life, you need experienced, skilled legal counsel to help you get the compensation you deserve. Contact the experts at Schonberg Law Offices to learn more about trip and fall accident lawsuits and schedule a consultation.

3 Factors Affecting Nursing Home Neglect and Abuse Compensation

Thu, 12 Aug 2021 01:21:00 GMT

You can file a medical malpractice or personal injury lawsuit against a nursing home, rest home, convalescent home, or long-term care facility. However, it is vital to know what the process involves.
Not all claims will end in compensation, so you should understand what affects your chances of getting compensation, whether you are the victim of nursing home abuse or merely representing the victim.
Rest homes are often held responsible for various malpractices, including negligence, inadequate policies, and outright mistreatment. Nevertheless, you need enough evidence to warrant compensation.
Here is an overview of the three factors affecting compensation amounts.
1. Evidence
Nursing home compensation claims may go to court, so you need to collect sufficient evidence for your case. Having strong supporting evidence will drastically increase your chances of a successful claim.
The supporting evidence ranges from eyewitness accounts of the abusive event to surveillance camera footage, medical bills, and written statements from a professional, such as a physician. Without evidence, you stand little to no chance of getting compensation.
Claimants can sue nursing homes for economic and non-economic damages. Economic damages cover financial losses, expenses, medical bills, and stolen money. They are relatively easy to determine.
Non-economic damages include pain and suffering, and their values are often harder to calculate, as they rely on the lawyer's research, case assessment, and experience.
You can also sue for punitive damages, which are fines and penalties issued to punish nursing homes for their negligence. Claimants will not need further evidence to warrant compensation for punitive damages.
2. Settlement Versus Trial
The amount of compensation you receive depends on whether you settle your case outside or inside of court.
Settlement might be a more viable option as you can receive due compensation within a shorter time. Additionally, settlement can help offset trial expenses that could go against any compensation award, such as litigation costs. And with settlement, you almost always get some amount of compensation.
On the other hand, a trial might be the better option, as the compensation amount you receive may be higher than what you would receive from a settlement. Previous verdicts and the strength of your evidence will play a big part in how much you receive if you go to trial.
No matter what option you go with, the court will determine compensation based on how much they determine is fair.
3. Skilled Help Hiring a personal injury or medical malpractice lawyer is vital if you are to receive the most compensation from your claim. You should also hire experienced lawyers who have handled nursing home cases before.
Attorneys who do not specialize in nursing home abuse cases may not have the tools and abilities to build a compelling case for you. As such, it is essential to review each firm or lawyer comprehensively to find experienced professionals.
Involving skilled help is particularly crucial if the case ends up in trial. You will still need someone who understands the process even if the nursing home is willing to settle. Remember, the goal is to receive fair compensation.
If you are the subject of mistreatment from a nursing home, you deserve compensation for your losses and suffering. It is essential to engage an attorney early to gather the evidence required to build a strong case.
Nursing homes, rest homes, and long-term care facilities are liable for negligence and abuse. It is one of the reasons why Schonberg Law Offices was founded, to help victims of negligence receive the fair compensation that they deserve.
Contact Schonberg Law Offices for a free case evaluation and start building your nursing home neglect and abuse case today.

Medical Malpractice Law | Schonberg Law Offices

Tue, 08 Jun 2021 18:49:00 GMT

Medical Malpractice Law: What You Need to Know

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or other hospital staff member, causes patient injury due to negligence or lack of proper care.
Read on to learn more about medical malpractice law, including medical malpractice types, when a medical error is considered medical malpractice, and more.
Medical Malpractice Types Many types of medical malpractice lead to patient harm.
Misdiagnosis or Failure to Diagnose Misdiagnosis, failure to diagnose, and late diagnosis are all common forms of medical malpractice. When a doctor fails to diagnose a potentially deadly disease, such as cancer or a serious heart problem, in a timely manner, the patient is deprived of their ability to begin treating the disease in its early stages before it progresses to a more advanced stage.
Medication Errors There are two main types of prescription medication errors: errors made when prescribing medication and medication administration mistakes. Prescribing errors occur when a doctor does not prescribe the right medication dosage; prescribes the wrong medication; or prescribes several medications known to interact with each other.
Medication administration mistakes typically occur when healthcare facility nurses mix up patient medications and administer the wrong medication to the wrong patient, forget to administer important medication dosages at the right times, or administer the wrong medication dosages. Surgical or Anesthesia Errors
Surgical errors that constitute medical malpractice can vary greatly. However, just a few potential surgical errors include harming another organ in the body when operating; performing an operation on the wrong part of a patient's organ or body; or leaving foreign items, such as medical instruments or gauze, inside of the patient's body when suturing them back up after surgery.
Anesthesia errors occur when an anesthesiologist administers the wrong anesthesia or dosage to a patient or fails to monitor the patient's vital signs properly while they are under anesthesia.
Failure to Treat Failure to treat occurs when a physician provides a patient the right disease or health problem diagnosis but then fails to treat it properly. Improper treatment may include not prescribing a medication that would likely improve or halt the course of the disease or not recommending procedures and other follow-up care that could improve the disease greatly.
Mandatory Four Elements of a Medical Malpractice Claim
According to the law, not all medical errors are considered medical malpractice. For a medical error to be considered a form of medical malpractice, a patient and their attorney must prove the mandatory four elements of a medical malpractice claim, which include:

The doctor's legal duty to provide the patient care and treatment . A physician or health care facility has legal duty to care for a patient after a patient/physician relationship has been established or a patient is admitted into the healthcare facility.
A medical professional's failure to adhere to standards of care of the profession . Failure to adhere to the accepted standard of care occurs when a physician fails to treat a patient in a way that another reasonable professional in their field of medicine would have.
The medical mistake made injured the patient . No medical error is considered medical malpractice unless the error injured the patient and the link between the error and the injury can be proven.
The medical malpractice event is the cause of all damages sought . Damages sought in the medical malpractice lawsuit, such as reimbursement of medical bills, payment for missed work time, and compensation for pain and suffering, must all be linked to the medical malpractice event.

If you and your attorney can prove that your claim meets all four criteria for a medical malpractice claim, then the doctor or health facility responsible for the medical error may offer to settle out-of-court instead of going to trial.
Everyone should understand how simple medical errors differ from medical malpractice. If you suspect that you or a loved one are a victim of medical malpractice, then contact the experienced personal injury attorneys at Schonberg Law Offices for expert legal representation today.

Auto Accident Eyewitnesses: Their Value and How to Get Them

Fri, 14 May 2021 19:25:00 GMT

Eyewitnesses can help you prove your auto accident claim and win significant damages. Below are some of the roles that eyewitnesses play in auto accident claims - plus how to get eyewitnesses.
What Role an Eyewitness Plays Eyewitnesses play multiple roles in auto accident claims. Below are some of these roles.
Establish the Facts The auto insurance adjuster handling your claim will want to establish the facts of the case before processing your claim. For example, they may want to know the parties involved, the location of the accident, and the cars involved. The court will also want to establish the same facts if your case proceeds to trial. Eyewitnesses can help establish such facts.
Solidify Your Claims Your claims are likely to differ from the defendant's claim. You need evidence to prove the accuracy of your claims. For example, if the defendant was intoxicated, they might beat least partially liable for the crash. An eyewitness who saw the driver drinking alcohol, driving erratically, or speaking with slurred speech can help prove your intoxication claim.
Dispute the Defendant's Claims Some auto accident defendants make false claims to avoid paying for their mistakes. For example, a defendant might lie to:

Deny liability
Downplay your damages
Establish your contribution to the crash

For example, a defendant might claim that you were driving in the wrong lane. Eyewitnesses can help you prove that the defendant's claim is a lie.
Strengthen Your Claim Once you file an auto accident claim, the insurance company will evaluate and determine its likelihood of succeeding in court. The stronger your case is, the more likely the insurance provider is to make a good offer. Eyewitness testimony, alongside other forms of proof such as physical and circumstantial evidence, strengthens your claim.
How to Get Eyewitnesses You can only benefit from eyewitness testimony if you have the witnesses. Below are some ways to get eyewitnesses.
Get Contacts Immediately After the Crash One of the best ways to get eyewitnesses is to get the contacts of all the people around an accident scene. Pedestrians, other motorists, and occupants of nearby properties can all be your eyewitnesses. Get their contact information and screen them later for valuable testimony.
Revisit the Accident Scene In some cases, you might not be able to get eyewitness contacts immediately after a crash. For example, you might have to rush to the hospital with serious injuries that require immediate medical care. Return to the scene of the crash once your injuries stabilize. You might be lucky enough to find someone who can help.
Scour the Police Report When police officers arrive at an accident scene, they usually ask for details of those at the accident scene. Get a copy of the police report and scour it for potential witnesses.
Talk to Your Witnesses Sometimes, initial witnesses can also help you locate other witnesses. For example, a driver can help you locate their passengers at the time who might have witnessed the accident. Therefore, don't forget to ask your witnesses to suggest others who might have been at the accident scene.
Scrutinize the Accident's Video and Photograph Footage A common piece of advice is to take video footage or photographs of an accident scene before leaving. The main objective is to use the footage to prove the accident, your injuries, and any property damage. However, if the footage captures some people, you can trace them and ask them to testify on your behalf.
Not every eyewitness can contribute to your case. You need credible eyewitnesses with valuable testimony. Schonberg Law Offices of the Hudson Valley, P.C., can help you find such eyewitnesses, evaluate their testimony, and use that testimony to win your settlement. Contact us for a free initial evaluation to determine the best approach for your case.

Tips To Maximize Your Dog Bite Compensation In New York

Thu, 15 Apr 2021 16:16:00 GMT

A dog bite can lead to various complications and cause you thousands of dollars in losses. In many cases, the dog owner should compensate you for the damages. However, you will have to work smart to get all the damages you deserve. Below are some tips to help you maximize your compensation.
Understand New York Dog Bite Laws A careful look at New York dog bite laws shows it to be a hybrid between the strict liability and one-bite rules other states have adopted. The conventional strict liability law makes dog owners automatically liable for their dog's actions, irrespective of negligence. The conventional one-bite rule makes dog owners liable for their dog's actions only if they have a proven propensity for attack (such as a single bite incident).
For NewYork laws, strict liability only applies to medical and veterinary bills. In addition, you must prove that the dog is dangerous. A dog is dangerous if:

It has a history of attacking, injuring, or killing a person or animal
Its behavior indicates that it can cause unjustified and imminent injury or death to another person or animal

In such a case, if the dog bites you, the dog owner pays for your medical bills without regard to their negligence. If the dog attacks your dog (or any other pet), the dog owner pays the veterinary costs irrespective of their negligence.
However, medical and veterinary costs aren't the only damages in dog bite cases. Other damages include:

Lost wages
Pain and suffering
Household expenses (if you are unable to do your chores)

You must prove the dog owner's negligence to get compensation for any of these damages. Proving the dog owners' negligence requires you to prove that:

The dog attacked you
The dog has a dangerous propensity
The dog owner knows about the dangerous propensity

Thus, proving that a dog is dangerous won't compensate for all damages related to the attack. You must prove the dog owner's negligence.
Minimize Your Role in the Attack If you want to use negligence for your dog bite case, the dog owner may claim that you did something to encourage the attack. For example, the dog owner might claim that:

You assaulted the dog
You approached the dog in a threatening manner
You were trespassing on their property

Note that New York uses comparative negligence law, which reduces your damage recovery in proportion to your contribution to the injury. Thus, you must refute the dog owner's claims to win full compensation.
Mitigate Your Damages Lastly, you have a duty to mitigate your damages from the moment of the attack to the moment you get your compensation. If you do something to make your injuries worse or fail to do something that could have minimized the effects of the dog attack, then the dog owner won't beliable for the additional damages.
For a dog bite case, damage mitigation mainly means seeking prompt medical care and following your physician's advice to the letter. For example, you should:

Take all the drugs your physician may prescribe.
Observe wound hygiene and care as the physician may advise.
Avoid home remedies in place of conventional medical care.
Get all treatments, for example, skin grafting surgery, if your doctor advises it.

In short, you want the dog owner, court, and jury to know that you did everything possible to accelerate your wound's healing.
In addition to the tips above, an experienced lawyer's input will also help your case. Contact Schonberg Law Offices of the Hudson Valley, P.C. to evaluate your case and help you fight for the damages you deserve. You can rely on our skills and experience from over 30 years of representing those unjustly injured.

An Overview of 5 Impaired Driving Offenses in New York

Tue, 16 Mar 2021 13:47:00 GMT

New York State has extensive laws about driving while intoxicated (DWI) and driving while ability impaired (DWAI). The common thing with these offenses is a substance-induced impairment that makes driving dangerous. Below are the five categories of DWI/DWAI offenses that the state's law recognizes.

1. DWI

You might face driving while intoxicated charges if your blood alcohol content (BAC) equals or exceeds the legal limit. Different demographics have different legal limits. For example, the BAC limit is:

0.08 for private motorists over the age of 21
0.04 for commercial drivers
0.02 for motorists under the age of 21

This form of DWI is a per se charge. The per se designation means the prosecution doesn't have to prove anything else other than the fact that your BAC limit equals or exceeds the legal limit. The legal presumption is that the applicable limit determines the point where a driver becomes intoxicated and a danger to all road users.

2. Alcohol-DWAI

Alcohol-DWAI charges apply to drivers who are operating a motorcycle with alcohol-related impairment. The charges apply under any of these two conditions:

Your BAC is between 0.05 and 0.07.
You are obviously impaired.

In the first condition, the assumption is that a BAC of that range has impaired your driving ability. Thus, the prosecution doesn't have to prove that you are obviously impaired. In the second condition, your BAC level doesn't matter — what matters is that you are visibly impaired.

The second condition makes sense given that impairment occurs at different levels of BAC for different people. Different factors determine how intoxicated you are after taking alcohol. Such factors include:

Body weight
Gender
Speed of alcohol consumption
Level of hydration/dehydration

Thus, some people can be too impaired to drive safely even with BACs below 0.05 — these are the people that alcohol-DWAI charges target.

3. Drug-DWI

Alcohol is a common intoxicating substance, but it is not the only one. Other intoxicating substances include:

Marijuana
Prescription drugs, such as painkillers
Hard drugs, such as heroin

Drug-DWAI laws seek to address intoxication due to these drugs. The charges apply irrespective of the level of drugs in your system. What matters is that you have an intoxicating drug in your system and the drug has impaired your driving.

4. Combination-DWAI

Mixing alcohol and drugs can trigger higher impairment than taking either of the substances alone. For example, mixing alcohol and marijuana:

Enhances the individual effects of both drugs
Keeps marijuana longer in your system than if you hadn't taken alcohol
Increases the risk of overdosing on either or both drugs, which can lead to higher intoxication
Reduces the chance of eliminating alcohol from your system, such as by vomiting

Complications like these mean that impairment due to a mixture of drugs and alcohol requires a separate category — combination-DWAI.

5. Aggravated DWI

Aggravated DWI is more dangerous than conventional DWI. Aggravated DWI charges apply if:

Your BAC is at least 0.18
You are driving while intoxicated and have a child passenger (anyone under the age of 15)

Both of these conditions are not arbitrary. For one, the higher your BAC is, the more impaired you are likely to be, which is why such a high BAC equals aggravated DWI. Secondly, children belong to a protected class. Children might not know the dangers of impaired driving or protect themselves from intoxicated drivers.

DWAI offenses attract multiple penalties, such as monetary fines, driving license suspension, and incarceration, among others. You need an experienced criminal defense lawyer to handle your case. Schonberg Law Offices has experience in various aspects of criminal law, including DWI/DUI defenses. Contact us for a case evaluation to determine your best defense strategy.

An Overview of Catastrophic Injuries and Claims

Fri, 05 Feb 2021 15:02:00 GMT

The meaning of catastrophic injury differs, depending on whether you are in the legal industry or not. You should understand the legal meaning if your lawyer has termed your injury as catastrophic. Below is the significance of the term in personal injury law.

Meaning of Catastrophic Injuries

A catastrophic injury has direct consequences that permanently prevent you from engaging in gainful work. Catastrophic injuries commonly:

Involve physical harm to the brain
Physically harm the spinal cord
Cause severe impact on your abilities — the impact that can be short term or long term
Often (but not always) cause a deformity that can be physical or mental

A catastrophic injury can have more than one of the features above.

Examples and Causes of Catastrophic Injuries

Catastrophic injuries affect various parts of the body. Examples include:
Loss of the major senses, such as loss of sight or hearing
Amputation
Severe spinal cord injury, for example, which causes paralysis
Severe head injuries, such as injuries that lead to permanent brain damage

Accidents that involve severe physical impact on the body are common causes of catastrophic injuries. Common examples include:

Auto accidents
Slip and fall accidents
Swimming pool accidents
Construction accidents

These are just a few examples — any accident that affects a critical part of the body can lead to a catastrophic injury.

Possibility of High Damages

Catastrophic injury claims often trigger high settlements. Below are some common reasons for those high awards.

Expensive Treatment

Severe injuries attract serious treatment. You can't usually deal with the injuries by taking a few drugs and getting bed rest In most cases. Many catastrophic injuries even require surgery, which is one of the most invasive and expensive treatment forms. A spinal cord injury, for example, might require surgery to fix a broken spinal bone.

Lengthy Recovery Period

Catastrophic injuries often require lengthy treatment, and treatment duration affects almost all forms of damages. For example, the longer your treatment takes, the longer you might be away from work. Lengthy absences from work increase your lost wages claims.

Ongoing or Lifelong Care

Some catastrophic injuries have lifelong effects. For example, a catastrophic injury might result in permanent paralysis or loss of limb. In such cases, the accident victim might require care and assistance for the rest of their life.

Severe Pain and Suffering

Pain and suffering are common damages in most injury claims. The nature of catastrophic injuries means they trigger significant pain and suffering. Note that pain and suffering damages include both physical and mental pain.

Effect on Loved Ones

Catastrophic injuries don't just affect accident victims — they also often affect the victims' families. For example, as a catastrophic injury victim:

Your spouse might not enjoy your companionship as they usually do
Your children might lack your usual rides to school
Your children might not enjoy your regular games together
Your family might not get the advice and care they usually get from you

Your family members deserve compensation for these losses, which the law refers to as loss of consortium.

Process of Claims

Catastrophic injury claims tend to be more complex than other forms of injury claims. The high damages mean the stakes are high for both parties. Usually expect the defendant to put up a spirited defense. That means you may need expert witnesses, strong evidence, and an experienced lawyer to win the damages you deserve.

You can often expect the defense side to downplay your injuries and minimize your damages. You need strong evidence to prove your catastrophic injury claim and get the settlement you deserve. Schonberg Law Offices has the skills and experience your case needs. Contact us for a free initial consultation to determine the best way to proceed with your case.

Things to Know About Initial Consultation With an Injury Lawyer

Sat, 16 Jan 2021 15:08:00 GMT

A personal injury lawyer can strengthen your case and increase your chances of settlement. Once you have identified a lawyer, they will schedule an initial consultation to discuss your case. The initial consultation can take place by phone or by a face-to-face meeting. Below are some things you should know about the first consultation.

It's Usually Free

The first thing to note is that the initial consultation is usually free. If you consult a lawyer with free initial consultation, they won't charge you whether they take the case. A free initial consultation is possible since most injury lawyers work on a contingency basis.

A contingency plan means the lawyer doesn't require upfront payment from you. The lawyer only gets their pay if they take your case and win. The payment is a percentage of the settlement or judgment.

The Assessment Goes Both Ways

The initial consultation allows both of you to assess each other. The attorney will gauge the opportunity to assess things like:
Whether you have a case
The strength of your evidence
The likelihood of getting a settlement
Your honesty

At the same time, you will get the opportunity to assess the lawyer and determine whether they are right for your case. In this regard, consider things like

The lawyer's specialization
The lawyer's experience
The lawyer's personality
The lawyer's answers to your questions

Treat the occasion like a job interview where the lawyer is a potential employee. Some questions you can ask include:

Who will handle your case
How long the case will take
What the lawyer expects from you

Hopefully, you will find that you can work together by the end of the consultation.

The Consultation Is Privileged

The attorney-client privilege is a legal rule that keeps communication between lawyers and their clients confidential. The privilege means that your lawyer cannot divulge your information to other third parties. The rule encourages legal clients to be open with their lawyers to get the best legal advice.

What many people don't know is that the privilege covers the initial consultation. You don't have to hire a lawyer to enjoy this privilege. Any lawyer you consult won't reveal your information even if they don't take your case. Thus, you should be utterly honest with your lawyer from your first consultation onwards.

Multiple Outcomes Are Possible

Lastly, you should approach the initial consultation with an open mind. Know that multiple outcomes are possible, depending on the consultation. For example, at the end of the consultation, the lawyer might:

Agree to take your case
Decline your case
Ask for time to review your case

You also have a say on the consultation's outcome. You must permit the lawyer to proceed with the case before they can take any further action.

Note that your case is not dead even if the first lawyer turns you down. For example, a lawyer might decline your case to avoid a conflict of interest. Maybe the lawyer already represents your case's defendant, and they can't represent you. Maybe the lawyer is not a good fit for your case due to the legal specialization it requires.

In any case, the lawyer will advise you on the best way forward. For example, in case of conflict of interest, the lawyer may refer you to another lawyer for another initial consultation.

Schonberg Law Offices has practiced personal injury law for over 30 years. We have useful experience with negotiation and litigation. Thus, we can help you pursue your damages, whether it settles out of court or goes to trial. Contact us for a free initial consultation to determine the best way to proceed with your case.

5 Things You Should Know About Road Rage Injury Claims

Sat, 12 Dec 2020 15:27:00 GMT

If you suffer damages or injuries in a road rage incident or accident, you deserve compensation just like any other injury victim. Below are five things to note about such an injury claim.

1. The Incident Can Trigger a Criminal and Civil Case

A road rage incident is likely to trigger two separate legal processes. For one, the police may prefer criminal charges against the offender. The possibility of a criminal action is even higher if the incident involves specific threats or actual violence. Note that the authorities have the right to instigate criminal action against the offender even without your say-so.

Secondly, a road rage incident can also trigger an injury claim. For this civil action, you have to file the charges — the police cannot file a civil claim on your behalf. Note that an injury claim is only possible if you have suffered actual damages because of the road rage. For example, you can file an auto accident claim if the other driver drove you off the road into a ditch.

2. A Criminal Conviction Can Be Evidence in a Civil Case

The second thing to note is that you can use the defendant's conviction as evidence in your civil lawsuit. Using a criminal conviction as evidence in a civil claim is possible because the two cases require two different degrees of proof.

In a criminal case, the prosecution must prove the defendant's guilt beyond any reasonable doubt. In a civil case, the prosecution must prove that the defendant is more likely than not liable for the damages. Since the burden of proof is higher in a criminal case, a criminal conviction makes good evidence in a civil case.

3. The Civil Case Can Have Different Theories of Liabilities

Another thing to note is that you have two legal theories on which to base your claim. First, you can base your claim on the legal theory of negligence. With negligence, you must prove that:

The driver owed you a duty of care
The driver breached that duty
The breach of duty caused your damages
You suffered actual damages

The negligence claim is possible if the road rage resulted in an accident.

Secondly, you can base you can file an assault and battery claim. This intentional tort is possible if you can prove that the defendant's actions were intentional. An example is if the defendant intentionally ran you off the road. Another example is if the defendant got out of their car and physically assaulted you.

4. Punitive Damages Are Possible

A road rage incident also opens up the possibility of punitive damages. Punitive damages are typically available in cases where a defendant's actions are either intentional or truly egregious.

The punitive damages do not compensate for your damages. Rather, they punish the defendant for their actions. Many road rage incidents, especially those that involve intentional conduct, can trigger punitive damages.

5. The Defendant Might Claim Comparative Negligence

Lastly, you should also be alert to the possibility of comparative negligence. Comparative negligence may arise if the defendant manages to convince the court that you are partially liable for your damages. Such a claim is possible if you contributed to the road rage incident.

Note that New York follows pure comparative negligence , which allows you to recover damages even if you are partially at fault. However, the court will reduce your damages in proportion to your liability. For example, if your contribution to the crash was 20%, the court will reduce your compensation by the same percentage.

Don't hesitate to contact Schonberg Law Offices of The Hudson Valley, P.C., if you are the victim of a road rage accident — or any type of auto accident. We will review the circumstances of your accident, determine the value of your damages, and help you pursue compensation.