Drivers in general have a responsibility to stop their vehicles in a safe zone. According to the New York City Department of Transportation , taxis and for-hire vehicles may not stop within a pedestrian crosswalk, in an intersection, within a bicycle lane, or fewer than 10 feet from the free movement of traffic. They also must be within 12 inches of the curb when discharging passengers, which typically would not allow a bicyclist to pass between the car and curb. It is when these traffic rules are violated that many ‘doorings’ occur—a major cause of serious injury and death among City cyclists.

If you have been hit by a car door while walking or riding your bike, whether by the driver or the passenger, consult an attorney right away to review the circumstances. In the case of taxis and cars for hire, the companies that employ drivers share responsibility for the driver’s conduct. For private parties, renters’ insurance and homeowners policies cover more than just on-premise injuries—they cover general negligence.

New York has also made some temporary changes to the law to ensure that civil matters can proceed even though jury trials have been suspended. At Langsam Law, the vast majority of our time is spent not in the courts, but preparing cases, many of which we settle out of court. This email will inform you about some of the changes that have been made to New York law and how they may impact you.

1. Remote notarizations are now allowed. On March 19, Governor Cuomo issued an executive order that allows documents to be notarized by remote videoconferencing, . All of the Langsam Law team members are notary publics. This means that we can continue to process and settle cases that require witnessing and authenticating signatures to execute documents related to our cases.
2. Statute of limitations for filing lawsuits has been extended. Under normal circumstances, for personal injury cases, a summons and complaint must be filed within three years, or one year and 90 days in the case of lawsuits against municipalities. This statute of limitations has now been extended by 30 days. This extension would also apply to the Child Victims Act, which removed ­all statutes of limitations for sexual abuse claims for a year window, bringing the filing deadline to September 12, 2020. It’s important to stress, however, that case preparation should begin as soon as possible, and this can be done remotely via Zoom videoconferencing with Langsam Law. Contact us for a free consultation if you have any questions.
3. Notice of claims should still be proceeded with as soon as possible. A notice of claim is not the same as filing a lawsuit, and in negligence cases against municipalities there is a short 90-day window to file a notice of claim. It is unclear whether the 30-day extension to filing a summons and complaint would also apply to a notice of claim, so we recommend getting these started as soon as possible. Even if they can’t be filed with the court, you will have a dated, notarized document and a paper trail.
4. Settlements continue. In negligence cases, settlement discussions can proceed without any action, and we often try to settle a case before any legal action is started and also while a lawsuit is pending. We begin by doing our due diligence, researching the situation, and contacting interested parties to build a strong, solid case. Many entities are compelled to settle rather than spend the time and money it takes to go to court, not to mention the possibility of sullying of their business reputation with bad press. Langsam Law can pursue a fair settlement for medical care, lost earnings, and pain and suffering, and has settled a number of cases in the past week alone.

While our day-to-day lives have changed significantly, accidents still happen. We are at the ready to evaluate new cases while we continue to move existing ones forward. If you would like to discuss a possible personal injury case, this is an excellent time to proceed. Once the civil courts re-open, claims are certain to abound, so getting started as soon as possible is more important now than ever.

Summertime Supervision at Camps and Resorts Camps and resorts offer a host of fun activities, but summer fun can turn hazardous when there is inadequate supervision or signage. Proprietors of camps and resorts are responsible for keeping guests, employees and volunteers safe from bodily injury or property loss that could happen on their premises. Read more >>

Motorists Are Responsible for Looking Out for Bicyclists–Even When They’re Not Driving Every year more than 15,000 people walking and biking are injured by drivers on New York City streets. We typically associate��crashes with moving vehicles, but “dooring” can be equally dangerous. In New York City and New York State, opening a vehicle door into moving traffic is a violation of the Vehicle and Traffic Law. Read more >>

Organized Events Can Be Hazardous, Whether You’re a Participant or Not Organized events cause��increased pedestrian traffic, and event coordinators need to take proper safety precautions when laying out the course to protect participants and non-participants alike. ��Read more >>

Trying Out Sports Equipment? Insist on Safety When you’re spending hundreds or even thousands of dollars on outdoor gear, for example in-line skates or bicycles, it is not uncommon to test-drive the gear before you buy it. When retailers allow customers to test equipment before purchase, they are responsible for providing safe circumstances for evaluation. Read more >>

1. Witnesses disappear.
2. Memories fade, and the details that make or break your case could be lost over time.
3. Conditions which caused the accident may change or be repaired prior to an attorney being able to inspect and photograph the condition as it existed at the time of the accident.
4. A private party has the ability to disclaim coverage from their insured if the case is not brought in a timely manner, which will make it difficult to recover damages.
5. Incidents involving municipalities have a 90-day window.

Suits against the City of New York, New York City Transit Authority (NYCTA), New York City Housing Authority (NYCHA), and other municipalities require a notice of claim to be filed within 90 days of the incident. Beyond that window, you can be barred from bringing a lawsuit—plus, the sooner you consult a lawyer, the sooner they can contact the interested parties to build a stronger case. Many attorneys will deny a case if you wait until the last minute, as their chances of recovering diminish, and compensation to both the personal injury attorney and the injured party are based on a favorable decision or settlement.

Note: Prior results do not guarantee similar results.��

After more than three dozen years representing victims and families in personal injury cases, I am still surprised to hear how many people stay with attorneys they are unhappy with because they think a change in representation will cost them more money or will reflect poorly on their case. In truth, a plaintiff is entitled to change lawyers as often as they see fit, and where contingency circumstances apply, such as in personal injury, the fee remains a set percentage of the awarded amount, regardless of how many lawyers argue the case. (This is generally one-third of the recovery in personal injury cases and a sliding scale in medical malpractice cases.) This should not be a stress point for the already-suffering party—the attorneys will negotiate among themselves how the contingency fee will be divided, and it will not affect the client’s share of the recovery.

A functional attorney/client match is very important, especially when it comes to personal injury, where emotions run deep. Dissatisfaction can be attributable to a number of factors—perhaps the firm’s protocol is to have clients deal with paralegals, and face-time with attorneys is limited; there may be a language barrier; it may seem that the attorney is giving the case low priority; or perhaps there is a simple clash of personalities. For any of these reasons, it would be advisable to interview other possibilities for representation. My advice: be candid about your issues and your expectations. You have a voice in the matter!

Case Study

A woman whose 6-year-old son was killed by a tow truck was in a situation where she was dissatisfied with her representation. Her case had been dragging on for two years, and she was never able to communicate directly with her attorney because he did not speak Spanish. She was referred to Langsam Law, was able to speak with attorney ߣ�ѿ�Ƭ directly in her native language, and Langsam Law ended up settling the case for $3 million. Langsam Law negotiated the contingency fee with the original lawyer, without the client having to worry.

Note: Prior results do not guarantee similar results.��

Under New York law there is an organization called MVAIC, which stands for Motor Vehicle Accident Indemnification Corporation. MVAIC maintains a fund for no-fault and bodily injury coverage for New York residents. MVAIC helps cover up to $25,000 in medical bills and lost wages incurred as a result of injuries sustained in a motor vehicle accident, whether it is a hit and run or you are party to an accident where the person at fault is not carrying sufficient auto liability coverage.

While MVAIC is a great resource, it is also a good idea to carry coverage for underinsured or uninsured motorists. New York only requires drivers to carry a $25,000 bodily injury liability policy, which can be woefully insufficient for serious injuries. While injured parties may sue the liable party personally, the liable party may not have any assets, and it very rarely results in recovery of the full amount needed for the claim.

Ask your insurance agent about adding a supplemental policy for uninsured and underinsured motorist coverage. The additional cost is minimal compared to the peace of mind you will have if you are involved in an accident.

Langsam Law has successfully recovered hundreds of thousands of dollars for hit and run victims by filing claims with MVAIC.

Note: Prior results do not guarantee similar results.

1. You could lose a lot of money in attorney fees if you lose the case.

False. Most personal injury lawyers work on contingency, meaning you only pay legal fees if your lawyer wins the case.

2. If you already retained an attorney you can’t switch to another attorney without paying both.

False. Contingency fees remain at 1/3 of the total recovery. Changing attorneys will not impact your 2/3 recovery.

3. You can receive compensation for injuries sustained in an accident, even if it is partially your fault.

True. While other states, such as New Jersey, do not allow for compensation when a party is determined to be more than 50% at fault, New York juries assign proportionate shares of responsibility when making their decisions. This comparative negligence concept means that having some fault in the matter does not preclude you from receiving monetary compensation for injuries you sustained.

4. If you don’t go to the hospital immediately after you have been injured, you do not have a case.

False. Of course it is better to seek medical treatment as soon as possible, but pain and suffering can be psychological as well as physical, and can manifest after you recover from the initial shock of your injury.

5. You have to miss a significant amount of time from work before you are eligible for compensation.

False. Lost earnings are only a small part of the compensation you’re entitled to receive. Compensation is based on various factors, and while lost earnings and medical bills are the most obvious losses, the largest part of the recovery in a typical case is the monetization for pain and suffering you have endured and will endure in the future.

Note: Prior results do not guarantee similar results.

We typically associate��crashes with moving vehicles, but “dooring” can be equally dangerous. In New York City and New York State, opening a vehicle door into moving traffic is a violation of the Vehicle and Traffic Law.

Unfortunately, even in serious crashes, victims don’t have the presence of mind or are too shaken up to get the motorist’s name and other critical information. Often times, victims’ injuries are masked by adrenaline, and they ride away only to realize later that they are really hurt.

, an advocacy group for pedestrians and bicyclists, publishes a checklist to follow��in the event you are doored.

At the scene
1. Tell the motorist to stay at the scene—if they refuse, get their plate number
2. Call 911
3. Get contact info for witnesses
4. Get contact info for the motorist

When the police arrive
1. Request an accident report
2. Request the officer issue the motorist a summons for dooring
3. Get reporting officer’s name, badge number and precinct
4. If you even suspect you’re hurt, go to the hospital

After the crash
1. Photograph your injuries
2. Call a lawyer

Case Study 1: Bicyclist Injured by Dooring

Langsam Law recently settled a case for a client who incurred a broken shoulder when a driver opened the door into traffic, knocking him off his bike and into the roadway. The settlement provided compensation for the his��pain and suffering and permanent injuries.

Note: Prior results do not guarantee similar results.

As the party season heats up, many people don’t realize that restaurants, bars, and even private hosts under some circumstances, have a legal responsibility to stop serving alcoholic beverages to people who are inebriated. They too may be held jointly responsible with the drunk driver for causing injuries to others.

Case Study 1

A 42-year-old mother of two young children was killed in a head-on collision by a drunk driver. The driver was held both criminally and civilly responsible. Video obtained from a nearby bar showed that an employee continued to serve alcohol to the defendant even though he was visibly inebriated. This person then left the bar, entered his vehicle, and caused the tragic accident that left two children motherless. I was successful in obtaining a sizable settlement not only from the drunk driver��but from the bar as well for their negligence in serving a patron who was visibly intoxicated.

Case Study 2

A private home was the setting for another tragedy. The homeowner hosted a party for her son’s friends, who were all under 21. She knew there was alcohol at the party and that the 18-year-old defendant consumed alcohol in her home. Driving home from the party, he seriously injured the plaintiff, who was able to hold not only the intoxicated teen driver responsible��but the homeowner as well.

If you are involved in an automobile accident with a drunk driver, don’t assume that the drunk driver is the exclusive person liable for your injuries. Always consult with a personal injury attorney to determine if the events that led up to your injuries include more than one person’s culpability. For more information about the responsibilities of bars, restaurants, and party hosts, contact Langsam Law.

Note: Prior results do not guarantee similar results.

Here is an example of a successful settlement from earlier this year:

• A delivery man for a beverage distributor was delivering beverages to a restaurant when a��restaurant employee placed a ramp at the restaurant entrance for the delivery. The ramp was covered with frayed carpeting, which caused the plaintiff to trip and fall, sustaining injuries.
• Although the delivery driver was injured in the course of his employment and received workers compensation benefits for a portion of his lost earnings, he also successfully sued the restaurant where he was making the delivery for their negligence. He was able to recover a substantial sum of money for his pain, suffering and lost earnings which were not covered by workers compensation benefits.

Another common example of a third-party lawsuit is when a worker who is driving a vehicle during the course of his/her employment is injured as a result of an automobile accident where the driver of the other vehicle is at fault. There again, in addition to collecting workers compensation benefits for medical reimbursement and lost wages, the injured party was able to also recover from the negligent driver.

The takeaway is this: Although you are entitled to receive workers compensation benefits for injuries sustained on your job, you may also be entitled to bring a lawsuit against the entity and/or person who is responsible for the accident, allowing you to recover substantial damages for your pain and suffering and lost income.

Note: Prior results do not guarantee similar results.