Bardizbanian & Associates, P.C.

Snow and ice present ongoing risks throughout the winter in Queens. As storms develop and conditions fluctuate, snow can melt during warmer periods and refreeze when temperatures drop. This cycle often leads to black ice and unsafe walking conditions around apartment buildings and businesses, increasing the risk of slip-and-fall injuries.

How Melting Snow and Black Ice Create Risk

During the day, snow melts due to rising temperatures or salt. At night, that water can freeze again into nearly invisible sheets of black ice. This refreezing creates some of the most dangerous walking conditions in Queens neighborhoods. Many people suffer injuries just trying to walk to their car, enter a building, or return from work.

  • Sidewalks that refreeze overnight
  • Snow piles that melt and flow across walkways
  • Entrances where melted snow refreezes into slick spots
  • Ice buildup from leaking downspouts or blocked drains
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Medical bills can really add up these days, and if you’ve been hurt in a crash here in Queens, NY, you’ll want to talk to a Queens car accident lawyer as soon as you feasibly can to make sure you don’t miss out on any coverage available.

What Medical Costs Are Covered in a Car Accident Claim?

No-Fault Insurance in New York

The first complicating factor for getting your medical costs covered is the no-fault insurance system here in New York. For minor crashes, the law does not allow you to bring a claim against the other driver’s insurance company, even if the other driver was entirely to blame. Your own insurance policy will cover your medical treatment up to the policy limit, and New York law requires every driver to have Personal Injury Protection, or PIP, as part of their auto insurance. The minimum required PIP coverage is $50,000 per person, but you may have more available, depending on your policy.The good news with this system is that you don’t have to wait to prove the fault of the other driver before you can get compensation and then have to haggle with their insurance company. However, your PIP will not give you anything for pain and suffering or the emotional impact of the crash. You’ll want to check your policy with the help of a qualified attorney, though, because some policies will cover a certain amount of mental health treatment so long as it’s linked specifically to the crash.

Your Health Insurance

If your medical bills exceed the PIP limit on your policy, your health insurance might pick up the tab next. This is fairly common for severe accidents with prolonged hospital stays or multiple surgeries. Generally, private insurers will start covering at the point where your PIP coverage runs out, but you will have to meet your deductible, co-pay, or out-of-pocket costs. Talk to a Queens car accident lawyer who can help you coordinate your benefits so that you don’t have any overlap or delays while various insurance companies dispute the numbers or the situation.

Pursuing a Claim

While most minor accidents fall under the no-fault insurance laws here in New York, there are some situations where you can bring a claim against the other driver. Your injuries must meet a certain threshold for “serious injury,” however. If you qualify as a victim with “serious injuries,” you can bring a claim against the other driver for all your medical costs, including past, current, and those projected into the future, and you can make claims for pain and suffering. The other driver’s liability insurance should pay at this point, though you will need to build a strong case with the help of your lawyer to prove that your situation qualifies and to show that the other driver was at fault.

Consult a Queens, NY Car Accident Lawyer

A car accident lawyer in Queens can review your policy, handle the paperwork, and negotiate with insurers to make sure you’re getting all the benefits you’re entitled to. Reach out to Bardizbanian & Associates, P.C. in Queens, NY now for a free consultation to discuss your options.

A fall down the stairs can cause catastrophic injuries, and when that happens because someone was negligent, it’s possible to bring a premises liability suit to recover the losses and damages you’ve suffered as a result of that negligence. Talk to a premises liability attorney in Queens, NY to find out more about your case.

Can Broken Stairs or Railings Lead to a Premises Liability Lawsuit in Queens, NY?

A premises liability lawsuit can be brought against the owner of a property for negligence in maintaining safe conditions in their building. The stairs definitely count as something that must be properly maintained, so a property owner that has not done their due diligence to either prevent or address an unsafe condition related to the stairs could be liable for injuries.

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Hurt in a truck accident in Queens, NY? Find out how insurance issues work and why having a truck accident attorney makes a big difference.

Truck accidents tend to cause truly devastating injuries and property damage, and because these vehicles are so large, they also tend to involve extra cars in any accidents they cause. Complications can arise, not least of all with the insurance companies involved, but a truck accidents attorney in Queens, NY can help you sort through it all.

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How long do you have to file a personal injury claim in Long Island? Learn the deadlines and protect your right to compensation.

If you were injured in an accident on Long Island, one of the first questions you may have is how much time you have to take legal action. The answer depends on what caused your injury and who may be responsible. Waiting too long can cost you your right to compensation.

Understanding these deadlines early is critical. Once the time limit expires, your case may be permanently barred, no matter how serious your injuries are.

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Felt fine after a car accident but pain showed up later? Learn your rights in Queens, NY and see if you can still pursue compensation.

It’s common to feel fine immediately after a car accident, only to experience pain days later. Neck stiffness, headaches, back pain, dizziness, or numbness can develop well after the crash. When this happens, many people wonder whether the accident caused the injury and if they still have a valid claim.

In many cases, yes—you can still pursue compensation, even if symptoms were delayed.

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If you’ve fallen on someone’s property here in Queens because of ice and snow, it’s usually a good idea to speak with a slip-and-fall lawyer about whether you can hold the property owner liable. A lot depends on the precise details of your situation, and only an attorney will be qualified to give you an opinion on whether it’s advisable to bring a lawsuit.

From a Slip-and-Fall Lawyer in Queens, NY: Snow and Ice and Premises Liability Suits

Under New York City law, commercial property owners are generally responsible for maintaining their sidewalks in good condition, which includes removing snow and ice. Residential property owners are not required to clear their sidewalks or maintain them, so long as the property that abuts the sidewalk is no bigger than a three-family residence, the building is only used as a residence, and the owner occupies at least one of the residences.

In other words, if you’re talking about a big apartment building, the owner has to maintain the sidewalk. If it’s a smaller building, it will all depend on how big it is and whether the owner lives there. All owners of properties to which this rule applies are required to carry personal injury and property damage liability insurance.

Reasonable Time

A property owner is only expected to respond to unsafe conditions within a reasonable amount of time. If snow falls before 9 PM and after 7 AM, most property owners should be allowed four hours from the time the snow stops to get things cleared away. This means if you’re out walking around during an active snowstorm, you should expect conditions to be dangerous and, in most cases, will not be able to hold a property owner liable for a fall.

If the snow falls between 9 PM and 7 AM, property owners don’t have any responsibility to remove it during the night. However, they must do what they can to prevent or deal with icy conditions, such as applying salt.

The City

It’s difficult to bring a lawsuit against the city, but there are a few situations where it might be possible. If there is a public sidewalk that no private business is responsible for, and if the city was notified that it was in a dangerous condition, the city is legally obligated to make it safe again within a reasonable amount of time.

The problem here is proving two things: first, that the city was aware of the unsafe condition, and second, that they did not take action within a reasonable amount of time. Since the city has about 12,000 miles of sidewalk, it’s not reasonable to expect the city to fix any given sidewalk immediately. However, if a report has been made, the city is expected to make some kind of response within a couple of days, even if that response is just to mark the hazard.

Contact us today at Bardizbanian & Associates, P.C. in Queens, NY to get help with your case. We also serve Brooklyn, the Bronx, Long Island, and Manhattan.

The primary safety regulations that cover trucks are laid down by the Federal Motor Carrier Safety Administration (FMCSA), and when the driver or owner of a large commercial truck violates these regulations, it can greatly influence liability in an accident. Talk to a truck injury lawyer in Queens, NY as soon as possible if you’ve been in a truck accident to pursue those responsible for your damages and losses.

From a Truck Injury Lawyer in Queens: What Happens If a Truck Driver Violates Safety Regulations?

If a driver has been violating safety regulations, they can face penalties that escalate quickly with each violation. These can be anything from fines to the suspension or even complete revocation of their CDL license. These violations can include exceeding Hours of Service without taking the proper breaks, manipulating their records, failing a drug or alcohol test, overloading a truck or not securing the load properly, and much more. If a driver has violated these rules, this makes it much more likely they will be held at least partially liable in the event of an accident. To determine who is liable in an accident, you have to establish negligence. Negligence happens when someone owes others a duty of care but violates that duty, and that violation specifically causes an accident or materially contributes to how bad the accident is. For example, if a driver has been violating the rules about how long they can drive without taking a break, even if the accident was initiated by a different vehicle, you may be able to show that the driver was badly fatigued and this caused the accident to be much worse than it would’ve been.

The Good News and the Bad News

The good news is that violations of trucking regulations are serious matters, and if a driver has been violating regulations, proving negligence can be much more straightforward than it would otherwise be. The bad news is that insurance companies can use an FMCSA violation to deny claims in many cases. Many of the insurance policies in place for truckers will state specifically that violating safety regulations is grounds for denial of coverage. If the insurance company denies coverage, then it may be difficult to recover the full amount of your losses and damages.

Complicating Factors

Who Owns the Truck?

Sometimes it’s the individual driver, but sometimes it’s a trucking company. This can have a big effect on liability and what your options are for bringing a personal injury claim.

What’s the Driver’s Status?

If the driver is an employee, then the driver’s employer can be held responsible for their actions during the course of normal work. But if the driver is considered self-employed, or an independent contractor, then the company may not be liable.

It’s important to know that many companies incorrectly classify employees as independent contractors to avoid taxes and liability in accidents like this. There are specific tests that can be used to determine whether a person actually qualifies as an independent contractor. If you’ve been in an accident, contact us right away at Bardizbanian & Associates in Queens, NY, where we also serve clients in the Bronx, Brooklyn, Manhattan, and Long Island.

When you’re injured in a pedestrian accident in New York, the strength of your case depends on the quality of the evidence you present. An accident attorney from our team is equipped with the legal experience to help every client build a strong claim by gathering the most relevant and persuasive documentation. Proving liability and damages requires more than simply stating the facts; it requires detailed and objective support from an accident injury attorney in Queens, NY.

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Injured on someone’s property? Our Queens premises liability lawyers fight for your rights and full compensation.

If you’ve been injured on someone’s property because of a hazard, you may be able to bring a premises liability claim for your losses and damages. Having a Queens, NY premises liability lawyer to guide and represent you throughout the process is always a smart move, but especially in certain situations.

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