If you’ve been hurt in an accident, but your own actions did play a role, don’t assume you’re out of luck. A New York personal injury lawyer can help you understand and protect your rights under the state’s rules for shared responsibility in a personal injury situation.

Shared Fault in New York Accidents

It’s rare for one person to be completely to blame in an accident. Maybe you were crossing the street and were hit by a car, but you were looking at your phone at the time and are being held partially negligent. Or perhaps you slipped on a wet floor that wasn’t well marked, but you were distracted and hurrying. New York law recognizes the reality that more than one person can be responsible through something called pure comparative negligence. This means you can still seek compensation for your injuries even if you’re partially responsible, but any award you get will be reduced by the percentage of your fault.

For example, suppose a court or insurance company decides you’re 30% at fault for a slip-and-fall because you were texting while you rushed through the store instead of paying attention, but the store is 70% at fault for failing to provide a safe environment. If your total damages added up to $90,000, you’d be able to recover 70% of that, or $63,000. Some states won’t allow you to collect any damages if you are 50% or 51% or more at fault, but here in New York you can collect even if you’re 99% at fault (though you would only receive 1% of your total damages).

Good News and Bad News

The good news is that you’re not barred from bringing a claim even if you were partially at fault, and you can receive at least some compensation for what you’ve lost. This system levels the playing field in many respects. However, it also means that insurance companies have a lot of incentive to stick you with as much blame as they can. Every one percent of blame they can push onto you is a little bit less they have to pay. A lawyer is someone in your corner, fighting to protect you from unfair blame and to make sure you get every bit of compensation you’re owed.

How a New York Personal Injury Lawyer Can Help

If you’re already dealing with pain, doctor visits, and bills that seem to just get bigger every week, it will give you enormous peace of mind to have a lawyer take over all the frustrating red tape. You can concentrate on healing while your lawyer investigates the accident, brings together all the evidence in a compelling way to make a case for you, and ensures that all the t’s are crossed and i’s are dotted in your filings.

Insurance companies know how to negotiate in these situations. Unless you’re a professional negotiator yourself, you are at a distinct disadvantage. One of the biggest jobs of your lawyer will be to negotiate fiercely with the insurance company to protect your rights.

Whatever your situation after a personal injury, set up a free consultation with us at Miller, Montiel & Strano in Garden City, NY find out where you stand and how we can help. We serve clients throughout Nassau County.

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Were you or a loved one injured in a dog attack? Contact the experienced Garden City dog bite lawyers at Miller, Montiel & Strano today to discuss your case and secure the compensation you deserve.

Until April 17, 2025, victims of dog attacks in New York often faced major obstacles in pursuing compensation. The previous law left many injured individuals without legal recourse, even after suffering serious injuries. Fortunately, a recent change in the law now provides new options for dog bite victims.

The Old Law: Strict Liability with Limitations

Under the previous rules, dog owners were subject to strict liability only if they knew or should have known that their dog had aggressive tendencies. While strict liability theoretically allowed victims to recover damages without proving fault, in practice, proving the dog’s “vicious propensities”—sometimes called the “one-bite rule”—was extremely difficult.

Evidence such as barking, snapping, or baring teeth was generally insufficient unless the dog had a documented history of attacks. As a result, many victims of dog attacks went uncompensated, despite facing serious injuries, medical bills, and emotional trauma.

The Landmark Change: Negligence Claims Now Allowed

New York State’s Court of Appeals has now confirmed that victims of dog attacks can pursue a negligence claim in addition to the traditional strict liability claim.

Negligence involves a failure to exercise ordinary care. Examples of negligence that can now support a claim include:

• Failing to keep a dog on a leash in public,
• Allowing a dog to lunge at a visitor by opening a door carelessly, or
• Leaving a dog roaming freely on the street.

This change is crucial for victims who previously had no viable case under strict liability rules. Now, injured parties can recover damages for medical expenses, lost wages, pain, and suffering when the dog owner’s carelessness contributed to the attack.

How This Affects Victims in Garden City

At Miller, Montiel & Strano, we have extensive experience representing victims of dog attacks, including attacks by dogs, horses, and other domestic or farm animals. The addition of negligence claims means we can now help more clients in Garden City and Long Island who previously had limited legal options.

If you or a loved one has been injured by a dog, it’s important to act quickly. The new law ensures victims are no longer left without recourse when injured by an owner’s careless actions.

Don’t wait—contact the Garden City dog bite attorneys at Miller, Montiel & Strano today. Schedule a consultation to discuss your case and learn how we can help you pursue the compensation you deserve.

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Personal injury settlements can be tricky to calculate. If you’ve never done this before, it’s easy to make a mistake and miss out on compensation you’re owed, so talk to a personal injury attorney in Long Island as soon as you can to make sure your claim includes everything it should.

Calculating “Economic” Damages

The first type of damages that you can claim in a personal injury case is reimbursement for all the expenses you’ve had. These are known as your “economic damages.” One of the key expenses here is usually your medical bills. If you’ve been injured by someone’s negligence, you should be reimbursed for all treatment that’s related to that injury.

You should also be reimbursed for any lost income you had because you weren’t able to work. If you work a salaried job and had to use your personal days or sick days, you should be reimbursed for the value of those. If you work an hourly job, you should be reimbursed the wages you lost. If any of your property was damaged, such as a mobile phone or a car, you should be reimbursed for those things. And if you had to lay out extra expenses to deal with your injury, such as hiring childcare because you weren’t able to take care of your children while you recovered, this should all be included in your economic damages.

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If you’ve been injured due to someone else’s negligence, you have the right to bring a claim to get compensation for what you’ve lost. One of the most important parts of your claim will be your medical records. Talk to an injury attorney in Long Island right away to get more detail details on your specific situation.

How Can Medical Records Strengthen Your Injury Claim?

By Linking the Injury to the Accident

The first important role of your medical records is to show that the injuries you’re suffering are connected to the accident. The sooner you visit a doctor after the accident, the clearer this link will be, and it will also help if your doctor has noted in the records that your injuries are consistent with the type of accident you suffered. Never delay getting medical care after an accident. If there’s too long a delay, the other side and their insurance company may try to argue that your injuries are unrelated to the accident.

By Giving a Firm Number to Your Economic Losses

In a personal injury claim, you’ll be asking for compensation for your economic losses or damages. These damages need to be quantified with firm numbers, and your medical records will back up your bills and receipts for medical care and show what was provided to verify that your numbers are correct. Medical bills are often the biggest part of any personal injury claim, so it’s crucial to get this right.

By Boosting Your Non-Economic Losses

Non-economic losses are sometimes referred to as “pain and suffering,” and these losses are all difficult to calculate. Pain, mental anguish, loss of enjoyment of life, anxiety: how do you put a number on these things? The courts have found that the best way to deal with it is to calculate your non-economic losses as a percentage of your economic ones. The most common method of doing this is to tabulate all your economic losses and then multiply the total by a number between one and five. The more serious your injuries are and the harder your recovery, the higher that second number will be.

Your medical records thus serve two important functions in boosting your total for non-economic losses. First, the higher your medical bills and the higher your economic losses, the bigger that first number, which you’ll multiply by one, two, three, four, or five. Second, your medical records will show what you’ve actually undergone in terms of treatment and recovery. Your medical records will thus be an important way of deciding whether you multiply your economic damages by one, five, or a number in between.

Your medical records are a key part of your personal injury claim, but they’re not the only thing to consider. Talk to us today at Miller, Montiel & Strano in Garden City, NY for help with your claim. We serve Long Island and Nassau County and are committed to treating each client like a person: not like a number. .

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If you’ve been injured due to someone else’s negligence, you have the right to bring a claim to get compensation for what you’ve lost. One of the most important parts of your claim will be your medical records. Talk to an injury attorney in Long Island right away to get more detail details on your specific situation.

By Linking the Injury to the Accident

The first important role of your medical records is to show that the injuries you’re suffering are connected to the accident. The sooner you visit a doctor after the accident, the clearer this link will be, and it will also help if your doctor has noted in the records that your injuries are consistent with the type of accident you suffered. Never delay getting medical care after an accident. If there’s too long a delay, the other side and their insurance company may try to argue that your injuries are unrelated to the accident.

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Within just a few hours on Monday, six serious crashes across Long Island left three people dead and several others injured. Each of these incidents highlights how quickly tragedy can strike on local roadways. As personal injury lawyers serving Long Island and Nassau County, our team at Miller, Montiel & Strano understands the life-changing impact of these collisions and the need for answers, accountability, and fair compensation.

For a free consultation, contact us online or call #PHONE1-NUMBER# today.

Intersection Collisions and Motorcycle Accidents

In Lindenhurst, a police officer on a Harley Davidson motorcycle was escorting a funeral procession when struck by a Toyota Tundra. Intersection collisions like this are often caused by drivers who run red lights, fail to yield, or ignore emergency vehicles. Speeding, distraction, or limited visibility can turn an ordinary drive into a devastating crash. Victims of these incidents deserve help from a motorcycle accident lawyer who can investigate the cause and fight for medical bills, lost wages, and pain and suffering.

For a free consultation, contact us online or call #PHONE1-NUMBER# today.

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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.

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Tags: accident lawyer new york, personal injury lawyer new york, personal injury lawyer queens
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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:

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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.

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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.

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Tags: personal injury lawyer new york, personal injury lawyer queens, personal injury nassau county
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