no fees unless we win

Suffolk (631) 621-6183

Nassau (516) 240-9904

proudly serving all of long island
Millions recovered in verdicts & settlements for our clients since 1994
click here to requestyour free consultation
click here to requestyour free consultation

As a Long Island car accident lawyer, I have represented hundreds of car accident victims and seen a wide array of injuries, but there are certain injuries that I see over and over again. Some of these injuries entitle you to financial compensation while other less severe injuries will not. Here is a list of the most common types of injuries and an explanation of which will and won’t entitle you to receive financial compensation.

Types of Injuries

Back and Neck Sprains and Strains: This type of injury refers to injury to the muscles surrounding your back and neck. Even a low impact car accident can cause sprains and strains. However, these types of injuries rarely entitle you to financial compensation in New York due to our Threshold Law. However, it is possible this injury will meet the serious injury threshold, thus entitling you to financial compensation if you are unable to carry out a substantial percentage of your normal activities for any 90-day period within the first 180 days of your car accident.

The courts will generally look at your work history first. If you have not missed 90 straight days it is extremely unlikely you will qualify for financial compensation. If you have missed 90 straight days, the court will next look at your other activities to make sure you were unable to substantially and effectively perform all of them. Ultimately, this is a judgment call that will be made by a judge.

Herniated Discs: A herniated disc is another type of injury that is very common following a car accident. A disc refers to the rubbery cushions between each vertebra in your back and neck. A disc is a little bit like a jelly doughnut with a soft center surrounded by a harder exterior shell. A herniation of the disc refers to the tearing of that harder exterior shell, which in turn causes the softer jelly-like substance to escape, often causing pain.

If it can be related to your accident, a disc herniation can entitle you to compensation if you have long-lasting loss of range of motion or nerve damage. Only a doctor can substantiate this type of injury.

Fractured Bones: A fracture is a medical term for a broken bone. There are many types of fractures ranging from a hairline fracture to a comminuted fracture. A fracture meets the threshold for serious injury in New York and does entitle you to compensation. The amount of compensation you will receive will depend on the severity of the injury.

Torn Cartilage, Tendons and Ligaments: Soft tissue tears are common in car accidents, especially tears of the shoulder and knee. If this type of injury can be related to your car accident, it will often meet the threshold for serious injury.

The best way to determine if your specific injury meets the threshold for serious injury is to have an experienced car accident attorney review your case. The consultation is usually free.

About the Author

Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.

His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.

It’s a fact of life that if you live in Suffolk County, New York you are going to need to drive a car. Mass transit is nearly impossible to use, so our roads are always crowded, especially at rush hour. On top of that, we have many eighteen-wheelers and box trucks traveling through our county every day. Therefore, safely sharing the roads with big rigs is a must.

As a Long Island truck accident lawyer, I have seen my share of injured people, many of whom have been in accidents with larger, heavier trucks. As a result of seeing so many truck accidents, I’ve been able to develop some tips for drivers sharing the road with trucks.

Safety Tips When Driving With Trucks

  1. Always drive defensively, especially when you are near trucks. Defensive driving is always a good idea but never more important than when you’re near a truck. Always pay attention to your surroundings. Scan the roads and take note of any large trucks. It’s always best to avoid these dangerous vehicles. Truck drivers have a difficult time reacting quickly to emergency situations due to their size and weight. As a rule of thumb, use the four-second rule, this means you should leave a four-second gap between you and any truck.
  2. If it is necessary to pass a truck, you should do so with extreme caution. Remember, trucks have many blind spots, so always try to pass a truck quickly and move far away again. Do not linger in blind spots as this greatly increases the risk of an accident.
  3. Never cut in front of a truck. This is important because trucks have large breaking distances. It takes an 18-wheel truck over two hundred yards to stop from a speed of 65 miles per hour, therefore, don’t take a chance, make sure that you have tons of room before you turn in front of a truck.
  4. Always dim your bright lights at night when driving past trucks. Temporarily blinding a truck driver as you pass can have disastrous consequences. A good rule is to dim your bright lights at least one block in advance of passing the truck.
  5. Always signal your intentions around a truck. Whether you’re passing, merging, or turning, it’s always important that you let the truck driver know what your intentions are, so they can know how to react in advance.

About the Author

Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.

His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.

If you’ve suffered an injury due to someone else’s negligence and are pursuing a personal injury claim, you may eventually find yourself in a court of law for a trial. For many, this will be a new experience, therefore, it’s important to understand that there are certain formalities that you are expected to follow when you’re in a courtroom. Additionally, there are some things that you can do to help you shine throughout your day in court. Following these five tips will help to ensure that your time in a courtroom goes smoothly.

1. Attire

First, your attire sets an important tone. If you underdress you are sending a message that you do not respect the court process. If you overdress you run the risk of appearing to be trying too hard to impress the judge or jury. My recommendation is that you think of the court as a business casual environment. Dressing appropriately will give the impression that you respect the court but yet are not trying too hard to impress.

2. Respect

Next, there is the expectation that parties will show respect to the judge and the jury. I recommend always standing when a judge or jury enters a room, as well as when they exit. It’s also important to not speak at that time. Once the judge and jury are seated, it’s okay to sit as well.

3. Demeanor

During a trial, you will hear testimonies from witnesses, some may annoy or upset you. Conversely, some of the testimonies may make you feel happy. The jury is watching everything you do. Your reaction can either help or hurt your case, the best practice is to try and limit your reactions. Imagine if you had a volume button, you’d want it to be on low while listening to testimonies. Of course, you’re expected to react to negative testimonies, but overdoing it will turn off the jury. A slight frown is much more appealing to a jury than profusely shaking your head in anger. The same goes for positive emotions, a slight smile is much more appealing than acting as though your favorite football team just scored a touchdown.

4. Do Not Interrupt

At some point, you may have to testify in court. To do this you will be asked questions by an attorney. In direct testimony, your attorney will ask you questions, this process is usually friendly, and in cross-examination, your opposition’s attorney will ask you some questions. In both instances, you should always wait until the attorney finishes speaking before answering the question. It is never received well by a jury if you talk over an attorney. Also, it’s a good idea to try and relax and take your time answering the questions.

5. Eye Contact

Finally, it’s always a good idea to speak directly to the jury when answering a question. So, you should look at the attorney while he/she is speaking and once he/she is finished and you are ready to answer, turn and speak directly to the jury. Jurors will react positively to direct eye contact, it shows a level of confidence in what you are saying and will improve your credibility with jurors.

If you get injured in a car accident, you may find yourself in the unenviable position of needing compensation from a billion-dollar insurance company. While it’s nice to know that the party responsible for paying for your losses has the resources to do so, getting them to do it is a much different story. Most insurance companies employ numerous strategies to make recovering compensation nearly impossible.

Understanding Goliath

How do you find success in this David vs. Goliath situation? First, it’s important to understand how an insurance company thinks. Unlike people, insurance companies have no feelings, they don’t feel sympathy, frustration, or anger, they can’t be intimidated, and they never get scared. The only thing that an insurance company cares about is its bottom line. To an insurance company, your injury is nothing more than numbers on a spreadsheet to be dealt with in the most cost-effective way.

Understanding this mentality holds the key to successfully pursuing a claim against an insurance company. An insurance company’s weakness comes from its obsession with its bottom line. In an attempt to keep expenses low, an insurance company will always try to cut corners. They hire inexperienced adjusters to deal with claims, they also hire inexpensive lawyers to defend lawsuits. Insurance company adjusters and lawyers are always overworked and underpaid, they almost never have a strong affinity to their employer.

Seeking Help

An experienced lawyer will understand this dynamic and use it to their advantage. I understand an insurance company adjuster may have 150 to 200 files to deal with. Often, they won’t know the name of most of the people whose claims they are handling. It’s my job to make my client’s file stand out in such a way that the adjuster wants to resolve the claim. The way to do this is through hard work. I make sure that I’m constantly calling to discuss the case and sending letters with my client’s claim information such as witness statements and medical records.

Often, an overworked adjuster will ask for extra time to evaluate a claim, I rarely agree to such a request. If an adjuster doesn’t evaluate a claim within a specific time period that I’ve set, I will start a lawsuit. Once a lawsuit has been started it will often be assigned to an overworked and underpaid insurance company lawyer. The same rules that apply to litigating a case also applies to pursuing an insurance claim, I always try and outwork the defense lawyer.

Eventually, this strategy yields results. An adjuster or defense attorney will always seek to resolve a claim against an attorney that is making them work as opposed to an attorney that is barely bothering them.

Carbon Monoxide (CO) is a very dangerous gas that can be lethal if not detected. Even scarier is the fact that it is colorless, odorless and tasteless. This harmful gas is found in fumes produced any time you burn fuel. Therefore, the gas can be emitted from things like cars, trucks, lanterns, small engines, stoves, grills and furnaces.

Every year, over 400 people die from Carbon Monoxide exposure and over 20,000 are taken to the emergency room. These are incidents that are not linked to fires and most often occurred unknowingly due to being unable to detect the presence of the gas. For people who do die of “smoke inhalation” in a fire, it is really the Carbon Monoxide that caused the death. Infants, elderly and people who are anemic are at a greater risk of getting sick from CO.

As scary as Carbon Monoxide is, and the amount of things we use that emit the gas, we generally don’t think about it. That is because premises are expected to have carbon monoxide detectors in their buildings to warn people of its presence as well as use trusted products that won’t leak the gas. However, if proper CO detection is neglected, someone could be seriously harmed.

Signs of Carbon Monoxide Poisoning

High levels or carbon monoxide can kill in less than five minutes. But cases of low levels will cause symptoms to appear slowly. When you breathe in Carbon Monoxide, the first thing you will feel is a general sickness and fatigue. If you leave the area that is infiltrated, you will start to feel better. This is an indicator that the dangerous gas is present. If its effects continues, dizziness, nausea and loss of consciousness could occur.

How to prevent Carbon Monoxide Poisoning

The most important thing to ensure you are safe from CO poisoning is to have a CO detector. Check to see if your smoke detector doubles as a Carbon Monoxide detector. Place it in a location where the alarm will easily be heard. Monitor the batteries and always replace them when instructed. The CDC also recommends replacing your detector completely every five years.

Additionally, familiarize yourself with things that could potentially emit Carbon Monoxide. Check your equipment that runs on gas. It is a good idea to ensure that any gas appliance you own has a seal of a national testing agency so that you know it shouldn’t cause harm. Maintain the proper upkeep for your heating systems, water heaters and other gas, oil and coal burning appliances by having them serviced by a technician every year. Never use a portable gas stove or a generator inside your home.

You will also want to make sure your gas appliances are vented properly. Have your chimney checked and cleaned every year. A build up of debris could cause a blockage in a chimney, allowing the gas to travel into your home.

When You Are Ill from Someone Else’s Negligence

Getting ill from Carbon Monoxide poisoning can be devastating. You might ask yourself, “How did this happen?” One minute you are fine and the next you are dizzy, can’t breathe and maybe even losing consciousness. This could lead to even more injuries, and now the medical bills are piling up. However, you might be able to gain compensation if you can determine the source of the poisoning. One of two things can occur that can lead to financial compensation.

  1. A faulty product

As mentioned earlier, products that emit CO are expected to be made in a way that won’t leak or cause others harm. If a defect in the product caused gas to fill up your home or didn’t warn you of the danger, the manufacturer may be at fault. For example, if a Carbon Monoxide detector that didn’t properly detect the gas despite having a power source would mean the product was defective and should have prevented harm. Another example would be a leaky furnace where the manufacturer owes a duty of care to the consumer.

  1. A neglectful premises

Another example of neglect would be if you were poisoned in someone else’s premises. For example, if you stay in a hotel where there is a leaky furnace and you get poisoned, both the manufacturer of the furnace and the hotel are responsible for the harm it caused. If this has happened to you or a loved one, contacting an experienced lawyer can help you gain financial compensation for the harm that Carbon Monoxide poisoning has caused.