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It's often a good idea to contact a lawyer after you've been in an accident, but there are also certain signs that you really need one. Here in New York, our insurance laws are such that, in most accidents, the individual's own insurance covers their losses and damages, regardless of fault. But there are times when you really require a Long Island accident attorney. Signs You Need a Long Island Accident Attorney 1. You're Severely Injured New York has a no-fault system for dealing with traffic accidents, which means that you can't bring a personal injury claim or lawsuit after most accidents. But there are some exceptions. The first is if you have economic damages of more than $50,000. The second exception is if you have sustained a particularly serious injury. These are actually quantified and include dismemberment or being significantly disfigured; losing an unborn baby; permanent loss of the use of any part of your body; bone fractures; a significant limitation to the use of any part of your body; or less permanent injury, if it keeps you from being able to do your daily life routine for at least 90 days of the 180 days immediately following the accident. Some of these descriptions are a bit subjective, so talk to a lawyer to get a better sense of whether your injuries qualify. more 2. The Insurance Company Denies Your Claim Whether you are bringing a claim to your insurance company or against the other driver, a denied claim could be a huge frustration. Insurance companies love to deny claims for spurious reasons, hoping that you'll get discouraged and just go away. A lawyer will fight on your side and push the insurance company to pay you what they owe. 3. You're Being Falsely Blamed If the other party suffered serious losses and can't get full compensation from their own insurance company, it's not inconceivable that they may falsely accuse you of being responsible for the accident. If that's happening, you need the help of a lawyer right away. Your lawyer will investigate the accident on your behalf and aggressively defend you. 4. There Are Multiple Parties Involved Even if there are multiple parties, so long as your losses and damages are not that serious, you'll have to turn to your own insurance company for coverage. But if you have significant losses and there are many parties involved, it can get tricky to work out who should be responsible. A lawyer can help you here. This might be especially important if the accident was caused by a large commercial vehicle, as these types of accidents tend to create very bad injuries and a lot of property damage because of the size of the vehicles involved. If there are several parties who have all been hurt and had substantial losses, it's important to be sure that your claim doesn't get lost in the shuffle. For help after a car accident, contact us now at Miller, Montiel & Strano in Garden City, NY for help anywhere in the New York City area.

If you've been injured because of someone else's negligence, your personal injury claim can recover more than just reimbursement for medical bills. If you've had to lose out on salary or wages because you couldn't go to work or couldn't work at your normal job while you recovered, you should also recover compensation for all of this. A personal injury lawyer in Long Island can help you bring a claim for everything that you are owed. The simple answer here is: yes. If you had to miss out on work, you can claim this in your personal injury claim or lawsuit. Here are some specifics that you should know, however: more You're More Likely to Get It With the Help of a Personal Injury Lawyer in Long Island There are a couple reasons this is true. First, your lawyer will make sure that you have all the evidence you need to show exactly what you've lost. Without a lawyer's help, it's easy to forget crucial pieces of evidence or even miss out on something that you should be claiming. A lawyer will keep you from making any mistakes in this area. Second, your lawyer is a negotiator by trade, and you'll need this kind of negotiating skill to go up against an insurance company that is motivated to do everything possible to minimize your claim. Finally, having a lawyer indicates to the insurance company that you're serious about being properly compensated. This means the insurance company knows you're willing to even take the case to court, if that becomes necessary. This usually causes them to negotiate in better faith. "Lost Wages" Is More Than Just Wages The next thing to know is that you can claim for more than just the base wages that you missed out on. You can also claim other things you may have lost that are related to work, such as lost paid vacation days, or if you can show that you lost out on a promotion that you were going to receive until the accident set you back. You can claim for overtime that you may have lost, too, if you can show that you regularly claimed overtime hours and that there were overtime hours available that you could've taken during the time that you were injured. If you missed vacation days, or if you were accruing a bonus that is now lost to you, all of that should be figured into your claim. And, if you have been injured so badly that you're no longer able to work the same job and have to take something lower-paying or retrain to another job entirely, there should be compensation for that. After a personal injury, you are entitled to recover compensation for everything that you've lost. For help to maximize your compensation and get everything you're owed, contact Miller, Montiel & Strano in Garden City, NY today for help in Long Island or anywhere in the NYC area.

Last evening, Catherine Montiel, partner at our personal injury law firm, presented an eye-opening seminar titled “What Your Insurance Company Isn’t Telling You” at the Elwood Public Library in East Northport. The response was overwhelming—registration had to be closed due to the high volume of attendees, making the event one of the library’s most successful seminars to date. Empowering the Community Through Education During the seminar, Catherine delivered practical, easy-to-understand advice on insurance policies and how they impact individuals after an accident. The presentation helped attendees learn: What types of coverage are essential (like underinsured motorist protection) What coverage people may be paying for but don’t actually need Why minimum insurance requirements often fall short after serious accidents How better policy choices can lead to long-term savings As a seasoned personal injury attorney, Catherine regularly sees how gaps in insurance policies hurt victims after auto accidents, slip and fall injuries, and other personal injury incidents. Her insights were met with engaged questions and lively discussion from the audience, who appreciated the chance to gain this valuable knowledge—at no cost. more Standing Room Only Interest in the topic was so high that the library had to stop taking registrations before the event began. The room was filled with residents eager to better understand their policies and avoid common insurance pitfalls. Following the talk, attendees stayed for refreshments, informal conversation, and one-on-one questions with Catherine. We’re proud of Catherine for delivering such a well-received seminar that truly served the needs of our community. Congratulations, Cathy, on an incredible presentation! Host a Seminar with Us If your organization or community group would like to host a similar seminar, we’d be happy to arrange one. Call us at (516) 484-4010 to schedule an event—we’ll even bring the refreshments! Whether it’s a homeowners’ association, senior center, or local nonprofit, our team is ready to provide valuable insights into insurance and personal injury law. Why Insurance Knowledge Matters After handling countless personal injury cases in East Northport and across Long Island, we know how important it is to be prepared before an accident occurs. Understanding your insurance policy today can protect your rights and finances tomorrow. That’s why we’re committed to bringing this vital information to the public—through events like this one and through our day-to-day legal services. To learn more about how we help victims of car accidents, slip and falls, and other injury cases, contact our firm today for a free consultation. Missed the Event? Stay Connected If you weren’t able to attend, you can keep an eye on upcoming events through the Livebrary event calendar. We look forward to continuing to educate and support our community—and we hope to see you at the next seminar. Have Questions About Your Insurance Coverage or an Injury Claim? Call (516) 484-4010 to speak with a trusted personal injury lawyer serving East Northport and Long Island.

After you've suffered a serious injury, things can be confusing and difficult. Learning in advance what to do if this should happen can help you and your attorney build a strong and convincing case. A Long Island personal injury lawyer can help you at every step. Seek Medical Attention Immediately Get medical care as soon as possible. Not only does this keep you physically safe, but it also creates a record of your injuries, and, assuming you get help quickly, links your injuries clearly to the accident. If you wait too long to get help, the other side might try to argue that your injuries are from something else. You'll need your medical records for any legal claim, and be sure to follow all treatment plans and keep detailed records. more Document the Incident If You Can Gather evidence if you're able to with your injuries; but if you are too badly injured, don't stress. Ask a friend or family member to get evidence for you, or call a lawyer as soon as you can and get them on the case. You'll want to have photos of the scene, your injuries, and any property damage. You should also collect contact information from witnesses and, if applicable, get the police report. Report the Injury You'll want to notify all the appropriate parties, and who that party is will depend on the type of injury you've suffered. It might be an employer for workplace injuries, a property owner in slip-and-fall cases, or an insurance company for car accidents. When you make your report, keep it factual but avoid admitting fault. If you speak to an insurance company in particular, avoid giving many details or answering questions without your lawyer. Consult a Long Island Personal Injury Lawyer As soon as you're able, speak with a lawyer experienced in personal injury cases. A lawyer will talk through your situation and help you evaluate the strength of your case, explain your rights, and take you through each step of the actual legal process. Your lawyer will also protect you in negotiations and ensure you don't sign anything that isn't in your best interests. Be Careful of Early Settlement Offers Insurance companies sometimes like to offer quick settlements. They're often hoping to minimize payouts by convincing you to settle for a quick cash payment that's less than you deserve. Do not accept any offer or sign documents without consulting an attorney. Keep Detailed Records Be careful to track all your expenses that are related to the injury, and include not just the obvious ones, like medical bills, but also all your lost wages or salary records, and any other costs. It will also help if you're able to keep a journal documenting the way the injury has affected your daily life. Taking these steps will lay a strong foundation for your personal injury case. To get experienced and compassionate help, reach out to us at Miller, Montiel & Strano in Garden City, NY.

Car crashes, truck collisions, and pedestrian accidents are all too common on Long Island—and certain intersections pose a greater danger than others. A Newsday investigation identified key hotspots in Nassau and Suffolk Counties where fatal and serious injury collisions occur more frequently than anywhere else. Whether you’re driving, walking, or biking, knowing which intersections to avoid can help reduce your risk of being injured in a crash. At Miller, Montiel & Strano, we’ve represented countless victims injured at these very locations, and we’re here to help you understand where the risks are—and what your legal options may be. Top 5 Most Dangerous Intersections in Nassau and Suffolk Counties 1. Old Country Road and Broadway – Hicksville This intersection sees a high number of pedestrian accidents. The multi-lane crossing exposes walkers to high-speed traffic for longer durations. Drivers often race through yellow lights, increasing the danger for pedestrians. 2. Jackson Street and North Franklin Street – Hempstead Ranking second in pedestrian crashes, this intersection—along with the nearby crossing at North Franklin and Front Street—has become a hotspot for pedestrian injuries. Poor visibility and traffic congestion play a major role. 3. Straight Path and Sunrise Highway – Lindenhurst This intersection recorded the highest number of people killed or seriously injured in a 10-year study. The mix of high speeds, left-turns, and frequent U-turns creates a dangerous environment for everyone on the road. 4. Old Nichols Road and Veterans Memorial Highway – Islandia The Central Islip Fire Department responds to 30 to 50 accidents a year at this site. The area’s layout, heavy truck traffic, and lack of driver awareness all contribute to frequent collisions. 5. Route 347 and Nicolls Road – Centereach / Lake Grove / Stony Brook This busy intersection is known for multi-vehicle crashes, often involving trucks. Its size, complexity, and heavy volume make it especially risky. Why Are These Long Island Intersections So Dangerous? Several common factors make these intersections more hazardous than others: Multiple Lanes & Long Crosswalks: Longer exposure time for pedestrians. High Traffic Volume: More vehicles lead to more opportunities for conflict. Frequent Turning Vehicles: Left turns and U-turns often result in collisions. Speeding & Aggressive Driving: Drivers rushing through intersections contribute to more severe accidents. Distracted Driving: Cell phone use and lack of attention are major issues on Long Island roadways. How to Protect Yourself Whether you’re driving or walking, use extra caution at these intersections: Pedestrians: Use crosswalks, obey signals, and make eye contact with drivers. Drivers: Yield to pedestrians, avoid distractions, and never rush yellow lights. Cyclists: Wear visible clothing and follow the same rules of the road as motor vehicles. Injured in a Crash at a Dangerous Long Island Intersection? If you or a loved one was injured at one of these or any other intersections on Long Island, the attorneys at Miller, Montiel & Strano can help. We’ve recovered compensation for clients injured in car, truck, pedestrian, and bicycle accidents throughout Nassau and Suffolk Counties. You may be entitled to compensation for: Medical expenses Lost income Pain and suffering Permanent disability Property damage Don’t try to navigate insurance companies or legal claims alone. Our legal team is ready to stand by your side, investigate your case, and pursue full and fair compensation on your behalf. Contact Miller, Montiel & Strano Today for a Free Consultation We understand the toll an accident can take. If you’ve been hurt at a dangerous intersection in Long Island, call Miller, Montiel & Strano today for a free, no-obligation consultation. We’re here to help you move forward. Call 516-363-5003 or visit https://www.mmspersonalinjurylawyers.com/ Frequently Asked Questions Q: What should I do after an accident at a Long Island intersection? A: Call 911 if you’re injured, seek medical care, take photos of the scene if possible, and contact an experienced car accident attorney like Miller, Montiel & Strano to protect your legal rights. Q: Who is liable in an intersection accident? A: Liability may fall on a negligent driver, a government entity responsible for poor road design, or even multiple parties. We conduct a thorough investigation to determine fault. Q: How long do I have to file a claim in New York? Time periods depend on the type of claim and the parties involved. Therefore, it is best to contact a car accident attorney like MMSPC as soon as possible after the crash.

Bus and truck accidents in Long Island and New York City continue to cause serious injuries and tragic loss of life. These large vehicles, whether operated by municipal services or private companies, pose a heightened risk on crowded roadways. Recent accidents across the region highlight the dangers: In Williamsburg, Brooklyn, a garbage truck turning on Bushwick Avenue struck and killed a 26-year-old moped rider. In The Bronx, an oil truck collided with an electric bicycle, killing the passenger at Southern Boulevard and Bruckner Boulevard. In Elmhurst, Queens, a 70-year-old pedestrian was fatally struck by an MTA bus. In Old Westbury, Long Island, a dumpster truck crashed into a school bus, injuring several children and the driver. In North Lindenhurst, a school bus and car crash at Sunrise Highway and North Delaware Avenue left 10 people injured, including four children. In North Babylon, a school bus carrying a high school track team hit a utility pole, injuring nine students. These incidents serve as a stark reminder that bus and truck collisions are not rare—and they often result in catastrophic injuries. Common Causes of Bus and Truck Accidents in New York Although the details vary, many of these collisions are the result of preventable mistakes. Common causes include: Unsafe right or left turns Failure to observe red lights or stop signs Poor vehicle maintenance Speeding or reckless driving Driver distraction or fatigue Ignoring road conditions Drivers of commercial and municipal vehicles have a heightened duty of care due to the size, weight, and limited maneuverability of these vehicles. When that duty is violated, the consequences can be devastating. Legal Challenges After a Bus or Truck Accident If you or a loved one is injured in a bus or truck accident on Long Island or in NYC, you may be entitled to financial compensation. However, claims involving municipal or government-owned vehicles are subject to special rules and time limits. For example: Municipal vehicles such as MTA buses or sanitation trucks may require a Notice of Claim to be filed within 90 days of the accident. In some cases, the deadline is even shorter. To receive No-Fault benefits for medical expenses and lost wages, paperwork must be filed promptly—often within 30 days. Failure to act within these strict timeframes can mean losing your right to compensation altogether. Why You Need a Truck or Bus Accident Lawyer in Garden City, NY Given the complexity of claims involving school buses, city transit, or commercial trucks, it’s essential to consult a knowledgeable attorney. The legal team at Miller, Montiel & Strano has decades of experience handling personal injury claims in Garden City, throughout Long Island and in the five boroughs of the City of New York. We understand: How to investigate crashes involving large vehicles The difference between municipal liability and private company liability How to ensure your claim is filed correctly and on time How to pursue maximum compensation for your injuries, pain and suffering, and lost income Injured in a Bus or Truck Crash? Contact Miller, Montiel & Strano Today Don’t wait. If you or a loved one has been injured in a bus or truck accident in Garden City, Long Island, or anywhere in New York City, protect your rights by speaking with a skilled personal injury lawyer. The attorneys at Miller, Montiel & Strano will evaluate your case, handle all filings, and fight for the compensation you deserve. Call us today or fill out our online contact form for a free consultation. FAQ: Bus and Truck Accident Claims in Long Island and NYC What should I do after being injured in a bus or truck accident in New York? Seek medical attention immediately. Then, try to gather evidence like photographs, witness contact info, and a copy of the police report. Contact an experienced accident attorney as soon as possible to preserve your legal rights. Is there a time limit to file a claim against the city or MTA? Yes. If a municipal vehicle is involved, you typically must file a Notice of Claim within 90 days of the crash. Missing this deadline can bar your claim. Can I get compensation even if I was a pedestrian or bicyclist? Yes. Whether you were walking, biking, or in another vehicle, if a bus or truck driver was negligent, you may be entitled to compensation for your injuries. How is a truck accident different from a car accident? Truck accidents often involve more severe injuries and may include multiple liable parties, such as the driver, trucking company, and maintenance provider. They also involve more complex regulations and insurance issues. Do I need a lawyer for a school bus crash claim in Long Island? Yes. School bus accidents typically involve municipal school districts or private companies. An experienced lawyer will help you navigate the filing deadlines and liability complexities to ensure you get the compensation you deserve.

At Miller, Montiel & Strano, personal injury lawyers based in Garden City, NY, giving back to the community is a central part of our mission. Recently, our firm had the honor of participating in a meaningful event that combined friendly competition with support for childhood literacy. The Northport - East Northport Kiwanis Club proudly sponsored “The Amazing Race,” a unique fundraising event hosted by Book Fairies, a nonprofit organization that distributes books to children in underserved communities across Long Island and the New York area. more Our senior partner, Steven Miller, serves as the Chair of the Board of Directors for Book Fairies. His leadership and dedication to literacy advocacy played a vital role in supporting the success of this event. In addition, managing partner Catherine Montiel, an active member of Kiwanis, led the Kiwanis-sponsored race team named “Kiwanis Kindles.” The team ran more than three miles, completed ten challenges, and crossed the finish line first—securing victory by just twenty-five seconds ahead of the second-place team. The event concluded with a special check presentation from the Kiwanis Club to Book Fairies representatives. This contribution will help provide thousands of books to children who need them most, supporting education, imagination, and opportunity. Why Community Involvement Matters to Our Personal Injury Law Firm As a trusted personal injury law firm in Garden City, NY, we understand the importance of building strong community ties. Events like The Amazing Race allow us to connect with local organizations, give back to important causes, and support the future of our neighborhoods. Whether we’re advocating for injury victims in the courtroom or working to improve literacy for Long Island’s youth, our dedication to making a difference never wavers. Contact a Personal Injury Lawyer in Garden City, NY At Miller, Montiel & Strano, we combine legal skill with a deep commitment to the communities we serve. If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to reach out. Contact us today to schedule a free consultation with an experienced personal injury lawyer in Garden City, NY. Let us help you pursue the compensation you deserve.

Manhattan Building Collapse Linked to Faulty Design and Poor Maintenance, Investigation Finds In 2023, tragedy struck in Lower Manhattan when a multi-level parking garage collapsed, killing one person and injuring five others. In the aftermath of the disaster, the City of New York commissioned a forensic engineering investigation to determine what went wrong. The findings are deeply concerning. According to the investigation, the collapse was the result of two major factors: improper building design and ongoing poor maintenance. Shockingly, reports also indicate that unauthorized construction was taking place inside the garage at the time of the collapse — without any permits or safety oversight. Six workers were inside the building when it gave way. All six were injured; one of them tragically died as a result of his injuries. The lives of these individuals and their families were forever altered — not by an unforeseeable accident, but by what appears to be preventable negligence. Negligence in Building Ownership and Maintenance Property owners in New York — and everywhere — have a legal duty to maintain their buildings in a reasonably safe condition. When they fail to meet this duty, and someone is hurt or killed as a result, the law may consider it negligence. Unfortunately, the Manhattan parking garage collapse is just one of many examples where this duty has been ignored. Common causes of preventable building accidents include: Faulty or unsafe structural design Use of cheap, low-quality materials Poor or rushed construction practices Failure to inspect or repair known hazards Inadequate responses to tenant or worker safety complaints Unauthorized or unpermitted renovations General lack of upkeep and neglect over time When these issues are ignored, the results can be catastrophic — including collapsing ceilings, breaking staircases, cracked and lifted sidewalks, falling facades, and structural fires. These are not just violations of safety codes; they are direct threats to human life. Holding Negligent Property Owners Accountable At Miller, Montiel & Strano, P.C., we have extensive experience representing victims of premises liability and building safety failures. We understand the complex nature of these cases, the building codes that apply, and the forensic investigations required to prove liability. Most importantly, we fight to hold negligent parties accountable and help our clients recover the compensation they deserve for medical expenses, lost wages, and pain and suffering. If you or someone you love has been injured due to a building collapse, unsafe property conditions, or any form of property owner negligence, you may have the right to file a personal injury claim. Our team will evaluate your case and explain your legal options — with no obligation and no upfront cost. Contact Miller, Montiel & Strano, P.C. today for a free consultation. Your rights matter — and we're here to protect them.

Our community has been struck by yet another heartbreaking tragedy. On Thursday afternoon, a two-vehicle collision on Route 25A in Wading River resulted in the death of one driver and injuries to another. At approximately 2:40 p.m., a 2015 Chevrolet traveling eastbound on Middle Country Road collided with a 2010 Toyota traveling westbound. Emergency crews from the Wading River Fire Department responded swiftly, working to extract both drivers from their vehicles. Both were transported to the hospital. Sadly, the driver of the Chevrolet succumbed to her injuries. This devastating incident is a painful reminder of the dangers present on our roadways every day. A recent investigation revealed that over the past decade, more than 2,100 people have died as a result of motor vehicle collisions on Long Island. More than 16,000 individuals sustained serious injuries during that same period. Common causes of these tragic crashes include speeding, running red lights, distracted driving, impaired driving, vehicle defects, and poorly maintained roadways. Why Car Accident Victims Need an Experienced Lawyer After a serious accident, victims and their families are often left overwhelmed — dealing with physical injuries, emotional trauma, and financial burdens. Insurance companies may attempt to minimize claims, delay payouts, or even deny rightful compensation. This is why working with an experienced car accident lawyer is so important. A skilled car accident attorney can help by: Investigating the crash and gathering critical evidence Communicating with insurance companies on your behalf Calculating the full extent of your damages, including medical bills, lost wages, and pain and suffering Negotiating a fair settlement or taking your case to trial if necessary Helping you navigate complex legal procedures so you can focus on healing Having knowledgeable legal support can make a major difference in the outcome of your case. more How Miller, Montiel & Strano, P.C. Can Help At Miller, Montiel & Strano, P.C., we have decades of experience representing car accident victims throughout Long Island and the surrounding areas. We are committed to fighting for the maximum compensation our clients deserve and holding negligent parties accountable. If you or a loved one has been injured in a motor vehicle accident, you don't have to face the aftermath alone. Let our experienced team stand by your side, guide you through the process, and work tirelessly to protect your future. Contact Miller, Montiel & Strano, P.C. today for a free consultation and learn how we can help you seek justice.

Manorville, NY – A tragic accident occurred early this morning, April 23, 2025, when a 64-year-old pedestrian was fatally struck by a 2024 Porsche while crossing Route 111 near the intersection with Chapman Boulevard. The incident took place around 5:40 a.m., as the Porsche was traveling northbound on Route 111. The pedestrian, whose identity has not been released, was pronounced dead at the scene by first responders. This intersection, unfortunately, has a history of pedestrian accidents. In the past, it has been the site of similar incidents, raising concerns about pedestrian safety along this stretch of Route 111, a busy roadway that sees high traffic volumes, especially during early morning hours. Details of the Accident According to authorities, the driver of the Porsche was traveling at a high rate of speed when the collision occurred. The pedestrian was struck while attempting to cross the road. Despite efforts by emergency responders, the individual was declared deceased on-site. The driver of the Porsche remained at the scene and is cooperating with law enforcement officials as the investigation continues. Authorities are still working to determine the exact cause of the accident, including whether weather or visibility played a role. The police department has confirmed that no charges have been filed at this time, but the investigation is ongoing. A History of Pedestrian Accidents on Route 111 This fatal accident is not the first involving a pedestrian on Route 111 in Manorville. In the past, there have been multiple incidents where pedestrians were struck by vehicles along this same stretch of road. Concerns about pedestrian safety have been raised by local residents and advocates, urging for improved crosswalks, traffic signals, and other safety measures to protect pedestrians in this area. Legal Options for Families Affected by Pedestrian Accidents Pedestrian accidents, especially those resulting in fatalities, can have devastating consequences for families. If you or a loved one has been involved in a pedestrian accident, it's essential to understand your legal rights. Families of those killed in pedestrian accidents may be entitled to compensation through a wrongful death lawsuit, which can cover funeral expenses, medical bills, and other financial hardships caused by the accident. If you have been affected by a pedestrian accident, it’s critical to consult with an experienced personal injury lawyer who can help guide you through the legal process and ensure that justice is served. Miller, Montiel & Strano, a respected law firm with experience in handling pedestrian accident cases, can provide the legal expertise you need. Why Choose Miller, Montiel & Strano for Your Pedestrian Accident Case? Miller, Montiel & Strano has a strong track record of successfully representing clients involved in pedestrian accidents. Their skilled team of personal injury lawyers can help families navigate the complexities of wrongful death claims, working tirelessly to secure compensation for medical expenses, funeral costs, and other damages. With years of experience in handling pedestrian accident cases, Miller, Montiel & Strano understands the challenges families face after a tragic loss. Their dedicated attorneys are committed to providing compassionate and effective legal representation during such difficult times. Get the Legal Help You Need If you or a loved one has been involved in a pedestrian accident in Manorville, NY, or anywhere else, it’s essential to act quickly. Evidence can fade, and key witnesses may be difficult to locate over time. Contact Miller, Montiel & Strano today for a free consultation. Their team is ready to help you understand your legal options and fight for the compensation you deserve. Call Miller, Montiel & Strano now to speak with a personal injury attorney and learn how they can assist you during this challenging time.

If you have been injured in an accident that was someone else's fault, you may be able to claim compensation for your injuries. The key is proving that the other person was negligent. A New York personal injury lawyer explains what is needed. Duty of Care To prove negligence, you first must show that the defendant had a “duty of care” toward you. This means someone's legal duty to act with reasonable care to prevent harm to someone else. A duty of care is based on the relationship between the parties or the circumstances involved. more For example, a driver is assumed to have a duty of care to everyone else on the road simply by being behind the wheel of a vehicle. The owner of a business has a duty of care to customers and therefore is responsible to make sure their premises are free of hazards. Breach of Duty You must then establish that the duty of care was breached. You must prove that the other person failed to meet their duty, either through their action or their failure to act. Breach of duty is usually measured against what “a reasonable person” would do under similar circumstances. For example, a driver who is distracted or driving recklessly has breached their duty of care to others on the road or to their passengers. A medical professional who failed to follow professional standards would also be considered to have breached their duty of care. Causation It is not enough to prove a duty of care and a breach of that duty. You must then show that the other person's failure directly caused your injuries, property damage, or other losses. You must show that the harm wouldn't have occurred without the other person's negligence. Causation generally falls into two types: cause-in-fact and proximate cause. For cause-in-fact, you must show that the other person's actions were a factual cause of the injury, such as a driver running a red light and hitting a pedestrian. Proximate cause means that the injury was the foreseeable result of the failure in duty. For example, premises that were improperly maintained and led to a slip-and-fall accident. Damages The final element of negligence is actual evidence of the damages caused. Damages encompass both economic and non-economic losses due to the accident. Economic damages include any tangible loss that can be quantified financially, with evidence such as medical bills, bills for repair or replacement of property, and proof of lost wages. Non-economic losses cover those intangible losses you have suffered as a result of the incident. This could include pain and suffering or emotional distress, among others. Evidence from therapists, or even your own personal diaries may help to prove non-economic damages. If you have been injured in an accident caused by someone's negligence, reach out to Miller, Montiel & Strano in Garden City, NY.

If you have been injured, you should be aware of your legal rights before you take steps. A Nassau County personal injury attorney explains. Right to Medical Treatment No matter whether your injury is minor or more serious, you have the right to medical treatment. It's a very good idea to take advantage of this right, not only for the medical care, but also for medical documentation of the injury. Medical documentation can be very useful down the road if you need proof of your physical condition or proof of the expense due to the injury. Right to File a Personal Injury Claim If the injury has caused you to miss work, either temporarily or permanently, you are entitled to file a personal injury claim to seek compensation for the lost wages. You may also be able to seek compensation for the pain and suffering caused by your injury, such as the impact on your quality of life or the emotional toll on you and your family. more Keep in mind that the right to seek compensation is not a guarantee that you will receive it. However, you do have the right to file a personal injury claim with the insurance company of the party responsible for your injury. Right to File a Lawsuit If you are unable to obtain a settlement through an insurance claim, you have the right to file a lawsuit to pursue compensation. This is generally a last resort after all other options have been tried. In personal injury lawsuits, the burden of proof will be on you to demonstrate that the defendant was responsible for your injury. Witness testimony, evidence such as medical documentation, or expert opinions may all be necessary to prove who was at fault and, therefore, who is entitled to compensation. Right to Legal Representation You have the right to hire a lawyer to help you. It might be tempting to think you can handle an injury claim or lawsuit by yourself, but a an experienced attorney will improve your chances of receiving a favorable settlement. Someone who knows the laws and regulations related to personal injury law will know how to work through the process and how to negotiate effectively with the other party, if that becomes necessary. Right to Appeal a Decision If your injury claim with an insurance company or a lawsuit before the court is not successful, you have the right to appeal. For an insurance claim, there is generally a specific appeals process for each insurance company. For a lawsuit, there is an appeals process for challenging the court's decision and requesting that your case be reevaluated. Of course, the right to appeal is not a guarantee of a favorable outcome, but you do have the right to submit an appeal. If you are suffering from an injury due to someone else's negligence, reach out to Miller, Montiel & Strano in Garden City, NY.