Important Information About Long Island Pedestrian Accident Lawsuits


In the State of New York, pedestrian accidents frequently happen, especially in Long Island. Hit-and-run accidents, knockdowns, falls, trips and slips have become increasingly deadly. If you consider the fact that over 100 million Americans have chosen walking as their preferred mode of travel, it is important that they understand pedestrian rights under federal law and New York state laws should they ever suffer injury or even death.

New York State holds the unenviable position of having the worst record in the United States for pedestrian deaths. According to the New York State authorities, while only about 8 percent of the total number of accidents involve pedestrians, it is they who are more likely to sustain serious injuries or even die.

Pedestrian accidents are some of the least reported accidents since the majority of pedestrians usually never contact police once they are injured in accidents. If you have sustained injuries after being involved in an accident on Long Island, it is crucial that you report it to the police irrespective of the severity of your injuries or ask the help of accident injury attorneys for pedestrians.

Pedestrian accidents frequently involve poor lighting both outside and inside buildings, street surfaces and steps, unleveled, cracked, and broken sidewalks, potholes, obstructions in the walking areas, oily or wet surfaces, adverse weather conditions, and the actions caused by state or local authorities, property owners, contractors, landlords, cyclists, reckless drivers, or any groups or individual responsible for the creation of dangerous conditions for pedestrians.

If you or a loved one have been involved in an accident in Long Island and sustained injuries, you should not even contemplate settling for anything less than an experienced pedestrian accident lawyer who has a track record of achieving top settlements and verdicts in Long Island pedestrian accident cases.

Pedestrian Accident Lawsuits in Long Island

In case a pedestrian sustains injuries or dies after being struck by a car, he or she or their family members can use the No-Fault system to obtain insurance compensation. However, they will have to fill relevant forms and give specific information to a No-Fault insurance company within 30 days of being involved in the accident.

The Car Accident Law in New York State stipulates that the pedestrian is obligated to prove four basic elements about the case to be eligible for compensation from the at-fault operator of the car involved in the accident. The four basic elements are a duty, breach, causation, and harm.

Duty refers to the legal obligation of drivers to follow traffic laws and operate vehicles prudently. Breach of duty refers to proving the existence of actions in contravention of those stated under a duty. Causation implies that a plaintiff should establish a causal connection between the behavior of the defendant and the injury or death the plaintiff suffered, which constitutes the fourth element of harm.

The Statute of Limitations for Car Accidents in New York

New York State law permits you to apply for No-Fault benefits of up to $50,000 in damages via your car policy. If you did not sustain any injuries in the accident and the financial recovery is limited to property damage only, you might not require legal representation in such a case.

However, you have a limited window of opportunity within which you can recover No-Fault insurance coverage. If you are just seeking No-Fault benefits for property damage, you need to get started with the process without delay.

If you sustained injuries in the car accident due to the wrongful or negligent actions of another entity, you are allowed to file a lawsuit against the responsible entity to help you recover additional compensation for pain and suffering, lost wages, medical bills, and more.

New York State law provides that the time limit for filing a lawsuit after an accident is three years after the accident. However, the law is subject to exceptions. If you sustained injuries in a car accident, you need to talk to an injury lawyer with a strong understanding of the law soon after the crash. This helps the lawyer collect evidence and various other insights that can help with your case.

Liability in Pedestrian Accident Lawsuits

To prove liability in a pedestrian accident injury lawsuit, the lawyer that takes your case should prove negligence of the other party and that their mistakes were responsible for the injuries. For instance, if it was your turn to cross the road, but the driver failed to stop, he or she is likely responsible for the accident. In another instance, if wet or icy road conditions were responsible for vehicles spinning out of control and hitting a pedestrian, there could be a case against the city or state responsible for road maintenance.

The common causes of pedestrian accidents where the other party might be at fault include:

– Road Defects and Road Hazards

– Failure to Stop/Yield

– Distracted Driving

– Drunk Driving

Police reports will help to provide evidence of circumstances surrounding the accident. The personal injury lawyer will also work with witness accounts, traffic experts, and more to recreate the scene as truthfully as possible.

Severe Injuries from Pedestrian Accidents

Over 9,000 people each year are seriously injured as a result of pedestrian accidents in New York. New York Insurance law classifies serious injuries as those that result in loss of body systems, functions, members, or organs, death, loss of fetus, fractures, significant disfigurement, or other types of injuries that substantially prevent a person from performing daily activities for not less than 90 days in the 180 days that immediately follow the injury.

The common severe injuries that pedestrians can sustain from car injuries include:

– Heart Attacks

– Blindness

– Coma

– Spinal Injuries or Paralysis

– Amputation

– Death

– Multiple Fractures

– Significant Scarring

– Brain Damage

Pedestrian accident victims sometimes experience delayed symptoms. For instance, concussions might not necessarily be apparent immediately after the accident. When a pedestrian is struck by a vehicle, the impact of sudden motion to the brain can be dangerous. PTSD and emotional trauma can also be a delayed symptom of a pedestrian accident.

Free Consultation

It is important to seek the services of a competent legal practitioner to provide you with answers to questions you might have about your legal rights in pedestrian accident claims in Long Island. Protecting your rights is the job of a pedestrian accident lawyer. They fight earnestly for the rights of their clients and have the experience and skills required to handle any case.

When you first visit them, the lawyers will review your case carefully and provide an honest and straightforward assessment. The best Long Island pedestrian accident lawyers have extensive experience with pedestrian lawsuits, and their proven track record and expertise will speak for them.

No Expenses or Fees until Recovery

Pedestrian accident lawyers will help you get the largest settlement possible without necessarily having to go to trial. If a settlement cannot be reached, they are the advocates that you want on your side in the courtroom. The best thing about using the services of an experienced Long Island pedestrian accident lawyer is that you never have to pay any expenses or fees until your case is won.

The Bottom Line

If you or a loved one have been a victim of a pedestrian accident in Long Island and would like to learn more about your legal rights, the experienced pedestrian accident lawyers are ready to offer free consultations to discuss your case. All you have to do is fill out a form at their website or contact them via phone or email, and you will be on the road to receiving compensation for your losses.

What Are The Requirements For Getting A Class Action Certified

A class action involves one or several defendants being sued by numerous plaintiffs in cases where it is impractical for all plaintiffs to be part of one traditional personal lawsuit. A class action suit is filed by one or a couple of representative plaintiffs who also conduct the litigation to seek out a judgement that all class members will benefit from. The other potential plaintiffs are contacted to provide them with the opportunity to opt out of the class action lawsuit, or are provided with instructions on how their share of the damage award can be received.

Requirements For Getting A Class Action Certified

Before a class action may proceed, the class has to be certified first. The process ensures that there are enough similarities among the plaintiffs for litigation to proceed against the named defendant(s) as part of one large case.

Although there may be variations to these requirements from one state to the next, a majority of states have the following class action requirements:

Number of Plaintiffs

A class action lawsuit is not intended for a case where there are just a couple of plaintiffs. Rather, there has to be too many lawsuits and plaintiffs against a specific defendant to the point that it wouldn’t be practical for each of them to file a separate individual lawsuit. There are numerous class action lawsuits with hundreds or thousands of plaintiffs. There have also been many cases that have certified classes with 40 plaintiffs.

Common Questions of Fact or Law

A class must have similar questions of fact or law that are common to its class. That is to make sure that one case can efficiently handle all the claims.

Typical Claims

Defenses or claims by the representative plaintiff must be typical of the class. For instance, if it has been alleged by the lawsuit that a business has imposed additional fees illegally on customers, then it is required that the representative plaintiff be an account holder with the business that has allegedly overcharged the fee. The claim by the representative plaintiff needs to be very similar to the claims being made by other class members so that litigating the case brought by the representative plaintiff will decide the class sufficient for all of the other absent class members.

Interests of the Class are Adequately Protected

The representative plaintiff must have the ability to adequately and fairly protect the interests of the entire class. The class lawyers and representatives must consider the entire class’s interests. Courts consider the competence of the representative plaintiffs and lawyers.


Subclasses might be established if some parties in the class have interests that are different than some of the other class members interests. Each of the subclasses is required to have their own representative for the class action.

Other Criteria

There might be other criteria at times. For example, it is essential for the class to be clearly defined so that it may be determined which people are members of the class and which are not. Also, there could be a judicial efficiency requirement, which means that is must be determined that the most efficient way for resolving the claims is through a class action.
A case will be dismissed if the case isn’t certified. If it is certified, then the case will move to pre-trial procedures.

After a class is certified, all potential class members must be notified of the class action lawsuit. Many types of class actions will include information on the potential class member’s right to opt out of this class. However, you usually are not allowed to opt out of the class action in order to pursue your own individual claim.

The Basics Of A Class Action

A class action is kind of a civil suit that is brought about on behalf of multiple people who are similarly affected by a situation. In simple terms, a class-action lawsuit is titled as such because there is a class of people who are in a substantially similar circumstances and they get together to form a class in order to get relief through the lawsuit. Such class-action lawsuits have gained a lot of popularity over the past decades years and there also have been many movies made on the relief brought about by such class-action lawsuits.

Some of the common examples of class-action lawsuits include lawsuit filed by workers of the company to get a judgment against illegal hiring or salary practices. Similarly, class-action lawsuits are usually filed against drug companies when they make illegal claims about a product that results in physical damage or severe harm.

One of the most common causes of class-action lawsuits is securities claims. For instance, a company issues a false press release that causes the stock price to move up substantially but the stock price dives below the original price when the truth comes out. The stockholders who bought the shares of the company after reading the deceptive press release issued by the company may get together and bring about a class action against the company to get relief due to the loss caused as a result of the action of the company.

An individual joining a class-action lawsuit is usually required to sign papers wherein he or she declares that they forfeit the right to sue the other party as an individual. If the lawsuit is successful, damages are awarded to the plaintiffs suing the company. In many cases, all the class members are not given equal compensation from the damages obtained. In these class-action lawsuits, the lawyers usually work on a contingency basis.

A contingency fee arrangement means that they work for free for their clients but they do get a portion of the damages awarded by the court. However, their clients are under no obligation to pay any fees in case the suit is unsuccessful. In some cases, the reward for the lawyers can go up to 50% of the total awarded damages but in many cases, it may be as low as 30%.

As far as the damages awarded in a class-action lawsuit are concerned, these are usually split into compensatory and punitive damages. The compensatory damages, as the name suggests, are awarded to address the actual damages caused by action of the defendants such as suffering, pain, loss of life or illness. There is also punitive damages which, as the name suggests, are a type of punishment for the defendants who have committed the illegal acts that have resulted in harm. In many cases, punitive damages are extremely high where the lawyers are able to demonstrate that the defendants have shown utter disregard for the safety, health as well as emotional well-being of the sufferers.

The class-action lawsuit may be settled prior to trial or may also become jury trials. Direct mediation is also accepted in many cases. Mediation or settlement means that the plaintiffs and defendants do not have to go through the costly process of jury trial and they mutually agree to the damages. One of the biggest problems with jury trials is that a company can always appeal the decision, and the appeal process usually last for years which results in a very long period of weight for the plaintiffs before they can see any money. In some cases where huge punitive and compensatory damages are awarded, the company may also declare bankruptcy to avoid paying any compensation to the plaintiffs.

What Exactly Are Class Action Settlements

You have probably heard of class-action lawsuits that are discussed on the news every year. They are talking about multimillion-dollar lawsuits or in some cases multibillion-dollar suits, that are settled in or out of court. These lawsuits are typically against very large multibillion-dollar corporations that have produced a product which has led to significant injuries or death. As a result of compiling this information, law firms can present this information before a judge to request, and subsequently obtained, a settlement. Here is how class-action lawsuits work and why they can be very successful in helping people be compensated because of flaws in specific products that they have used which have resulted in injuries.

How Do Class-Action Lawsuits Begin?

These lawsuits will begin by amassing information about certain companies that have produced products, such as pharmaceutical drugs, where adverse reactions have occurred. For example, certain drugs have led to people requiring certain treatments, or even amputations, as a result of the side effects that the drugs will produce. Some toys are made for children of certain ages, but there can be complications. The same is true for the car industry which will be sued because of certain components within their vehicles which have malfunctions, leading to substantial problems. Once they have gathered this information, the attorneys will then prepare a case that they will present to a judge. If the judge agrees with them, then the company will have to pay a substantial amount of money to compensate everyone that has been injured as a result of using their products.

How Long Do Class-Action Lawsuits Last?

Class-action lawsuits can last anywhere from a few months to several years. It could involve as few as five or 10 people, or it could involve thousands of individuals. The pharmaceutical industry is one of the most well-known regarding these lawsuits. They produce many different chemically based treatments, and despite substantial testing, there can always be problems. If several people have died, this is usually a lawsuit that will go through, and the settlement that is requested will be granted. This could take several months, but it if is more complex, people are typically looking at two or three years for them to be completed.

Why Do They Take A Long Time

They take quite a long time because of how much data needs to be collected. People cannot simply say that the drug that was used, or the product that cause the problem, is the reason people were injured. They need to have multiple cases where people were injured in the same way by the same products. From there, they must gather all of the information related to these products to build the case. From there, they will then contact people that may have taken the drug, or use the product in question. Based on their findings, they can then collect information or testimonials from these individuals who will serve as the foundation for the arguments they will present in court.

The process may take a long time because of preparations, information gathering, and legal proceedings. However, especially for those that were part of the initial lawsuit that sustained the most damage, this could lead to millions of dollars in settlement money. That’s why people are very quick to express any problems they may have had with certain drugs that are currently in the midst of this type of investigation. They could end up receiving money because of problems they have experienced due to the flaws inherent in these products. If everything is presented appropriately, with enough mounting evidence, there should be no problem for the attorneys at obtaining a settlement for their clients. You can always find class-action attorneys that may need your information. By the end of the year, it might be possible for you to either receive your money or at least have a better idea of when this process will be completed.

Can Anyone File A Class Action Lawsuit?

When a class action lawsuit is filed, many people do not realize how difficult the process is. It is one that can take several years to just collect the evidence. Lawyers, in particular, are going to be monitoring the drugs that are released by pharmaceutical companies. They will also look at medical equipment that is used. In addition to this, there are companies such as car manufacturers that have had uncountable parts fail, some of which have led to fatalities. Those that are watching these events, if they are lawyers, can start to form class-action lawsuits. Not everyone can file a class-action lawsuit. Let’s discuss who these people are, and what their qualifications need to be.

How Does A Class Action Lawsuit Start?

It begins with trying to determine if there is a case or not legally. Just because someone has been injured by a product, or has died, that does not necessarily mean that the product itself is faulty. What they will need to do is to research, looking for similar cases where people have had problems in certain ways. For example, if someone has kidney problems as a result of using a specific pharmaceutical drug, and multiple people have the same issue, this is grounds for this type of lawsuit.

Will It Take Them Long To Set This Up?

Discovery is the process that many lawyers will use to gather information. As the name would indicate, they are discovering whether or not they have a case that they can follow through with. They will gather information in the form of newspaper clippings to follow these reports, and then they will gather information from medical doctors and physicians. From there, they will start to look at the manufacturing process. They will find out how everything is made. Based on this information, and info that is derived from experts in these industries, they can then eventually determine if they have a case. This could take months to do, or it could take years. It always depends on the product that is in question.

Will It Take Long To Receive The Settlement?

It’s not going to take very long to receive the settlement once the judge has ruled in favor of the lawyers that are filing the lawsuit. It will probably be no more than a few weeks, although it is possible that it may take several months, or as long as a year, for the company to gather all of that funding. The judge will determine it as to when the money should be paid out. Once they have done this, the company in question must comply. In addition to this, through the process of discovery, the lawyers may discover many other people were also afflicted. They will often advertise in papers, and on national television, looking for other people that can be part of the class action lawsuit. Although this could take many more months, it will likely be worth the wait because the amount of the settlement will be much higher.

In conclusion, only an attorney can file a class-action lawsuit. Individuals cannot do this on their own. They can bring this information to the attention of an attorney that has filed class-action lawsuits before. They are better off to find one that has been successful with products similar to the ones that they are questioning. Once the information has been gathered, it’s simply a matter of time before the case is heard before the judge. If all goes well for the attorneys, the class-action lawsuit will lead to what could be millions, or even billions, of dollars as a result of filing this lawsuit.

Tips On Finding Good Graphic Designers For Law Firm Websites

The details are what make a great law firm website whether its about class-action or divorce.

It is just like a legal case where the minute details end up leading to major wins. You don’t want to ignore them, and that’s why graphic designing has a role in how your site is developed. If you think the site is going to be fine and you won’t need a good graphic designer, you will be in shock as the results diminish.

Make sure you are taking the time to understand what being a good Boca Raton web design entails as that is going to help you out while hiring them.

Here are the tips you need while hiring a graphic designer moving forward.

1) Analyze Related Sites

Are you looking at what other law firms are doing in the area?

They are your competition, and this might do wonders for how you position yourself in the market. Yes, most people are not going to mull over this, and that is going to hamper their chances. You want to look into this and analyze the related sites that are present on the market.

It will ensure you can break down what is going on and how it designing can add value to your site. Too many law firm websites get lost in their own world, and that can lead to distressing results.

2) Don’t Choose Pushy Graphic Designers

Graphic designers are not all going to understand what it means to focus on a client’s happiness.

In fact, some tend to go in the opposite direction and force things. You don’t want to deal with them as they are going to waste your time and won’t help out in the long-term. Don’t push yourself into a relationship with someone that doesn’t listen and is going to do his/her own thing.

Go with those who are ready to work with you as a client and listen to what you have to suggest to make the website better.

3) Look At Their Previous Designs

Do they have a portfolio you can look at?

Most graphic designers will set up an online portfolio of designs they have created for clients in the past. They might even make unique designs for the purposes of setting up a portfolio. If you want to make sure you are going with a real talent, ask for the portfolio link.

You will get a real feel for how they work and how their mind churns information.

It is an easy way to go with those you know will provide great work for the law firm and its website.

4) Ask For Samples (If Possible)

If they have worked in the industry and realize you are a serious client, they will be willing to give a sample. This is an easy way to get a look at what they can do for you and why they are a good fit for the law firm website.

Not all are going to give good samples, but it might provide a neat look into what you are dealing with.

Law firm websites aren’t perfect but what you want is to make sure things are on par with everyone else. This is the least you can do as it is going to add value to the setup you have and is going to make life easier in general.

Make sure you are focusing on these tips as you build a great website for the business. When you get the designs in line with your needs, it makes life easier in general, and that is key.