Filing a Car Accident Lawsuit in New York

After a New York car accident, you may be eligible for more than just your insurance settlement. When a serious injury happens, you may need to take your claim to court by filing a lawsuit against the responsible party.

So, how do you do that? Filing a lawsuit requires filling out paperwork, of course, but it also includes preparing for parts of your claim that can affect your compensation. As such, you’ll need someone like a Manhattan auto collision lawyer to help you recover from your injuries by getting you the full compensation you deserve.

Finding Your Accident’s Worth

When you’re hurt, one of your first steps should be finding the worth of your car accident claim. You’ve suffered severe damages for your wreck, both economic and non-economic, and you should receive compensation for them.

Your economic damages might be the first to come to mind, and you may have begun calculating them. These damages cover all the financial losses you’ve suffered because of your accident, like your medical expenses and lost wages.

Your non-economic damages, however, might not be so simple. These damages are the intangible losses you’ve suffered because of your accident. For example, the pain and suffering you’ve experienced should be compensated, but it may be difficult for you to calculate on your own.

Protecting Your Claim

Unfortunately, getting that compensation isn’t as simple as finding your claim’s worth. Instead, you’ll also need to act quickly and ensure you’re following the laws associated with car crash claims. If not, you could walk away without any compensation.

First, make sure you’re acting in time for your claim. Car accident claims have a limited amount of time to file, so if you don’t act in time, you might have your claim dismissed. In New York, that means you’ll need to file within three years before you lose your chance to file.

You’ll also need to ensure they don’t pin the blame for the accident on you. New York drivers who are found partly at fault may have their compensation reduced. For example, if you’re found twenty percent at fault for the accident, you’ll only receive eighty percent of the compensation.

Seek Out Help

Unfortunately, all these steps make filing a car accident lawsuit in New York difficult. You’re struggling with your injuries and expenses already, and now you might lose a chance at compensation.

Fortunately, seeking out legal guidance can help. With the right attorney on your side, you’ll have a chance to get the full compensation you deserve for your suffering. So, get help today, and you’ll have a better chance to build a successful claim for your car crash.

Can I Sue for a Family Member’s Death in a Wildfire?

Fire can develop and spread rapidly in areas with large amounts of combustible vegetation. This usually happens in rural areas like forests, hills, and the like so it is called wildland fire or wildfire. It occurs every year in various degrees and in different parts of the country, though many of the worst cases seem to be concentrated on the West Coast. The raging fires can quickly cover miles of land and wreak havoc on communities. Many injuries and fatalities have been recorded in previous incidents. Many are asking, “Can I sue for a family member’s death in a wildfire?”

Causes of Wildfires

In order to answer this question, we must first have a clear idea about the causes of this destructive force.

Many of these are natural causes including lightning, dry climate, and volcanic eruption. If lightning happens to strike a dry tree, then the wood may ignite and affect the vegetation around it. There is a bigger chance of this spreading if the climate is dry and temperatures are high. A fire could ignite at small random area and rapidly expand because of all the ignitable material. In a volcanic eruption, lava could start a fire wherever it flows.  

It is also possible for humans to start fires in the wild. Sometimes people burn areas to clear them for farming and animal husbandry. In other cases, it is simple carelessness or even arson that leads to such destruction. Campers may try to cook meals the wrong way or throw cigarette butts onto dry grass. It is also possible for sparks from machinery and power structures to ignite a fire. In a few cases, the problem can be traced to arson or a willful burning with malicious intent. The arsonist may be purposefully trying to destroy the area for vengeance or enjoyment.

Wrongful Death

If your loved one dies in a wildfire, then you have every right to sue those responsible for your loss. Family members can specifically file a wrongful death claim in court to collect damages. Remember that some of these incidents were triggered by human actions, so the people can be made to pay compensation. It may also be possible to pin down an entity for its inaction or negligence. Several parties may have overseen preventing fires and failed to do so. This creates the issue of legal liability as a function of responsibility. Among those that have been previously taken to court for this type of case are local governments, the federal government, and utility companies.

Compensation for Damages

Since a lawsuit is a civil action, those who are found to be responsible will not be sent to jail but rather mandated by the court to pay compensation for the damages caused by the fire. The victims should get a reasonable amount to cover the medical bills, funeral expenses, lost wages, lost earning potential, and damages. The money will never really equal the loss of a loved one, but it can help the family get through a tough time. If the home was also lost in the fire, then starting again can be a long and difficult process.

Wildfire Litigation

This is a complex case given the extent of the damage, the number of victims, and the difficulty of determining the causes. Litigation will require the expertise of a Riverside wrongful death attorney that has specific knowledge and experience in dealing with wildfires and wrongful death. They should have enough resources to investigate the matter and a passion to fight for the victims, especially if powerful parties are named as defendants.

Washington Vehicle Safety Inspection Requirements

Before you take your vehicle out on the roads of Washington, there are certain steps you’ll need to take before you can do so. Some of these requirements include carrying minimum auto insurance coverage on your vehicle to protect yourself in the event of a collision, and possibly having a safety inspection done on your vehicle to ensure it’s safety. Below, we discuss these safety inspection requirements and what the exemptions to the rule are.

Emissions Testing

Washington adheres to the Clean Car Law. This means that all vehicles including vans, cars, SUVs and pickup trucks that were made in 2009 or later will need to be bought and sold, registered and operated based on California’s emissions standards.

Even if a car has less than 7,500 miles on it, or is owned by a new Washington resident it still needs to meet California emissions standards. You can determine whether your car meets these standards through your car’s engine compartment where the Vehicle Emissions Control information is located.

If your label says that your car is certified under CARB (the California Emissions standard), is certified for sale in all 50 states (50-state certified) or able to be sold in the Northeast, then your vehicle meets Washington state emissions compliance requirements.  


There are certain requirements that your car will need to meet in order to pass emissions testing. Certain components of your vehicle must be in working condition including oxygen sensors, and your exhaust system. Your check engine light must not be on either, or you can expect to immediately fail your emissions testing.

These tests must be completed before you register your vehicle, when you are renewing your registration, and at least every two years. If you live in Clark, Spokane, King, Snohomish, or Pierce county, you are obligated to follow Washington vehicle emissions testing requirements.


As with every rule there are a few exceptions to the safety inspection requirements in Washington. If you drive an eco-friendly vehicle such as a Toyota Prius or a vehicle that is powered by compressed natural gas, propane, electricity or liquid petroleum, then you are exempt from emissions testing. Diesel vehicles that were made in 2007 or later, or weight under 6,001 pounds are also exempt.

Additional exemptions include registered collectible vehicles, those that are over 25 years old, farm vehicles, and motorcycles, to name a few. If you are unsure about the status of your vehicle, you can call the Washington State Department of Licensing for more information.

Take Advantage of Your Free Claim Assessment Today

If you’ve been injured in an auto wreck and you’re unsure about whether your vehicle or the other involved car passed Washington state emissions requirements, get in touch with a qualified Seattle auto crash lawyer as soon as possible. An attorney can investigate the cause of the crash so that you can hold them accountable for their actions and secure full compensation for your damages.

What to Do When Man’s Best Friend Bites

Being attacked by a dog can be absolutely terrifying, and you’ll want to do anything you can to ensure that the dog doesn’t bite another person it comes into contact with.

One course of action you can take is to bring a dog bite claim against the owner of the dog so that you can both hold the dog’s owner accountable for losing control of their pet, and recover the compensation you need to cover every single loss you endured. Below, we examine New York City’s dog bite law in greater detail.

Strict Liability in New York

The law in New York is quite clear: if a dog bites another person, that dog’s owner will be held responsible for any damages that the victim suffers. Many dog owners believe that if their pet hasn’t shown a propensity for violence or aggression in the past, that they can be given another chance. Unfortunately for dog owners, this isn’t the case in New York City.

It doesn’t matter if the dog has never bitten someone before, or if the dog has attacked in the past. The fact of the matter is that it is the responsibility of the dog’s owner to have them under control at all times, no matter what.

When you suffer an injury after being bitten by a dog, you can bring the dog’s owner to court and sue them for the compensation you need to cover your medical expenses, lost wages, property damages, pain and suffering, emotional distress, loss of enjoyment of life, and other damages that may apply to your case.

You can review the different ways your life has been impacted by your injuries with your attorney to ensure that no loss goes unaccounted for when your lawyer is calculating how much your claim is actually worth.

Exceptions to the Dog Bite Law

While New York follows a strict liability dog bite law, there are a couple of exceptions to the rule, and you can be sure that the defense is going to utilize one or both of them to defend their case. If you were not an invited guest on the dog owner’s property, and you were trespassing at the time you were attacked, it is not reasonable to think that the dog’s owner should compensate you for trespassing.

Likewise, if you provoked the dog to be aggressive or violent then the dog owner will not be compelled to repay you for the damage their dog caused. Provocation might include abuse, poking, taunting, yelling, or otherwise egging the dog on to get a reaction out of him or her.

Your lawyer will fully examine the details of your case to determine whether or not either of these defenses have a chance of being successful when you go to court.

Claim Your Free Case Review Today

If you aren’t sure what you should do after being bitten by a dog, you can reach out to an experienced New York City injury lawyer and schedule a free personal injury consultation where you can see what your next steps will be if you choose to bring a claim against the owner of the dog that bit you.

How to Recover Personal Injury Damages without Going to Court

Whether you’ve been bitten by a dog, sidelined by a falling branch or devastated by a recent car crash, getting compensation for your pain, suffering and losses is a very important part of your recovery. The truth of the matter, however, is that most injury victims don’t have the energy, time, peace of mind or even the physical ability to prepare for major court cases. Luckily, there are plenty of ways to settle a claim and get the compensation you deserve without having to take your case before a judge. Following is everything that you need to know about how to recover personal injury damages without going to court.

Get the Right Attorney for Your Case

Unless you’ve been in a debilitating, disfiguring or otherwise life-altering event, most insurance companies will be reticent to pay the high costs of going to court. This remains true even though these entities are backed by major and well-known law firms and have far more money at their disposal for legal battles than do most claimants. It is generally cheaper for insurers to settle outside of court by assessing the details of individual cases, negotiating with claimant attorneys, and paying out damages according to the current standards for specific injuries and events. It is also undeniably cheaper for claimants as well.

However, you still have to align yourself with a Manhattan personal injury attorney in order to successfully see your claim through. This professional will have a far better ability to assign a reasonable dollar amount to your damages and losses. Your attorney will also be better prepared for dealing with the savvy negotiation tactics of seasoned insurance adjusters.

Seek Medical Help Right Away

To get a settlement for legal injuries, especially if you want to avoid having to see the inside of a courtroom, make haste and see a doctor as soon as you possibly can. Having a medical professional document your injuries validates them in a way that your complaints of pain and distress cannot. In fact, claimants are legally entitled to seek different types of medical care as needed.

For instance, if a trip to the emergency room and a prescription, muscle relaxer haven’t alleviated your pain, consider working with a chiropractor or physical therapist to identify the root of your musculoskeletal injuries and have them resolved. Not only is this a great way to expedite your recovery, but it also bolsters your case. When multiple medical professionals are all in agreement about the damages that you have sustained, insurance companies will have little ground to argue on. A good attorney can assist you in collecting proper documentation of your injuries and sharing this documentation with the responsible party’s attorney.

Collect Evidence

In the age of smartphones and other mobile, camera-bearing devices, it’s wise to snap as many photographs of the accident scene and your injuries as you can. Creating a veritable photo-journal that details how your injuries were sustained, the conditions of the environment, and the people around you is also an excellent way to build your case. The more evidence that you’re able to collect, the less likely insurers are to take your case to trial.

Never Admit Fault

Even though you might be dazed and disoriented after an injury event, always be sure to hold your tongue. In fact, you want to have your attorney speak on your behalf as much as you possibly can. You never want to make any verbal admission of fault or make any other statements that might muddle your claim. If you’re ever caught on record saying that you might be responsible for the damages that you’ve sustained, you may find yourself having to go to court in order to get the compensation you need and deserve.



Can I be Fired for a DWI?

Employers have a large degree of control over who they will hire, fire, and retain. For example, they can terminate an employee if he is not performing up to a certain standard or is causing some type of damage to the business. They can also fire some due to a criminal conviction, including DWI, or “Driving While Intoxicated.” This is a serious offense in Texas, and in most other states in the country. Drunk driving laws have been passed to discourage the behavior. The specifics vary from state to state, and Texas has its own set of rules for dealing with erring motorists.


Alcohol is frowned upon by driving laws because it causes impairment. The effects will depend on a person’s tolerance, weight, age, gender, and amount of alcohol consumed. Small persons tend to be more greatly affected than others. Some can feel changes with as little as one bottle of beer. They may feel dizzy and become off-balanced. Their decision-making could be impaired and their ability to react to situations will be slower than usual. They will have reduced control over their own body, which in turn makes it difficult to operate vehicles. Legal intoxication is defined as 0.08 blood alcohol concentration or higher. An arrest can also be made even if the BAC is lower as long as the individual shows signs of intoxication.

DWI with a Child Passenger

The laws are there to protect people, especially the most vulnerable among us. They are particularly harsh on drivers who are found to be intoxicated while having a child as a passenger. Simply put, they are putting the life of the child in danger because of their behavior. Those who are charged with DWI with a child passenger may be punished with a fine of up to $10,000. They could also face a maximum jail sentence of two years. Their driver’s license may also be suspended for up to 180 days or 6 months.

Escalating Penalties for Each Offense

As for regular DWI cases, the penalties will depend on the number of offenses on record. First offenders tend to be treated lightly but they could potentially ace harsh punishments as well. The fine can reach $2,000 while jail time can vary from 3 days to 180 days. The driver’s license can be suspended for a whole year. There might be an annual fee to retain the license for 3 years. After the second offense, the fine can reach $4,000 and license suspension can be as long as 2 years. After the third offense, the fine reaches a maximum of $10,000 and jail time can extend up to 10 years.

Gentle Reminders

If you have ever wondered, “Can I be fired for a DWI?”, the answer is that yes, it can happen. Prevent this by being a responsible driver. Do not attempt to go behind the wheel if you have consumed alcohol. Let others drive for you. Better yet, avoid alcohol completely if you know that you will need to drive later. In case you do get in trouble for intoxication, call a DWI attorney in Tarrant County for help. Lawyers will try to find ways to reduce the penalties or get the charges dismissed completely. With their assistance, you may be able to evade conviction and keep your record clean.



Dog Bite Claims In California

Attacks from dogs can cause serious issues for people including long-term disabilities, loss of their ability to work or care for children, and emotional trauma just to name a few.  In California, there are several remedies under the law that individuals can pursue if they’ve been the victim of a dog bite. Read on to learn more about California dog bite compensation and penalties.

Dog Bite Claims in California

In California, personal injury lawsuits can be filed in state courts by individuals and/or their attorneys.  Section 3342 of the California civil code states that an owner of a dog is liable for damages incurred by another person if those damages were caused by a dog bite and if the individual attacked was in a public area or occupying a private area to which they were invited or mandated to be.  

There are, of course, exceptions if a person is bitten by a dog carrying out its legal duties during the course of law enforcement or military work.  The law is also very clear that damages must have been caused by a dog bite alone, and not by some other action from the dog (such as pawing).

Statute of Limitations for Dog Bite Claims

A statute of limitations is a window of time in which a person can file a claim in civil court for damages caused by a dog bite.  Every state has its own statute of limitations and may have varying lengths of time where civil remedies are available to injured parties.  

In the state of California, the statute of limitations is two years for personal injury cases under which dog bite incidents apply.  So individuals have two years from the date of the incident to file a claim in court for their rights in a personal injury dog bite case.

Strict Liability State

California is what is known as a strict liability state.  In some states, dog bite personal injury cases allow an element of negligence to be considered.  California however does not consider the owner’s knowledge or lack thereof when determining culpability for dog bite incidents.  In other words, it does not matter if the owner did not know a dog would behave in an aggressive manner. They are still on the hook for damages.  

In other states, victims must prove that the owner was negligent.  For instance, they must prove that the dog owner did something wrong that, in time, resulted in a plaintiff being bitten by the dog.  

Common Defenses

The only defense against a dog bite claim in California is trespassing.  A dog owner must prove their assertion that a victim was present on their property against the law in order to defend against a dog bite claim with success.  This means they must show that a person received clear warning not to come onto a property and/or preventative measures to keep people away from the property where a dog was being kept were taken.

This, in effect, puts the blame of being bitten on the victim for being on property they did not have permission to be on in the first place.

Dog bites can be a very serious incident for both victim and owner. Victims can suffer long-term injuries and emotional harm as the result of an attack.  Owners are often subject to serious financial penalties for dog attacks.