personal injury & negligence

The Law Firm of Baron Associates P.C. is one of the most trusted and respected in New York State when it comes to personal injury and negligence. If you or a loved one have been involved in an accident or incident due to another parties’ negligence and have sustained personal injuries as a result, finding the right lawyer is crucial. The experienced legal team at Baron Associates P.C. have been handling matters of personal injury and negligence for over thirty years. Let us put our experience and knowledge to work for you. Call now for a free consultation.

Auto Accident

If you or a loved one have been involved in an automobile accident, Baron Associates P.C.  is the right law firm to help you.

Motor vehicle/car accidents are a leading cause of injury in the United States and occur every day. According to the National Safety Council approximately 4.5 million people received medical treatment after motor vehicle accidents in 2018. Of those 4.5 million, 39,404 died nationally as a result of those car crashes. According to the New York State Department of Health, as of 2014 there was an average of 136,000 emergency room visits, 12,000 hospitalizations and 1,000 deaths a year in New York as a result of motor vehicle crashes.

With these statistics it is without a doubt that most people in New York have been involved in a motor vehicle crash or know someone that has. It is important to have a firm representing you that is well versed in all aspects of motor vehicle accidents. The initial crash unfortunately is only the beginning of the ordeal. People have to deal with injuries, medical treatment, medical bills, time missed from work, lost wages, as well as the emotional impact. Baron Associates P.C. is here to assist you with each of these aspects.

Being involved in a motor vehicle crash can be overwhelming. After the crash you should take the necessary steps to protect your rights and receive the proper treatment. Following a crash, you should:

  • Stay on the scene if safe.
  • Call 911 in order to get help from first responders and/or emergency medical services. You may be injured and require medical attention and do not realize it. You also want to make sure that the police department is at the scene to document the crash.
  • Obtain the information of the vehicle or vehicles that you were involved in the crash with. This includes the registration of the vehicle(s) and the Driver’s License of the driver(s) of the vehicle(s), and insurance information. This information is important to be able to make a claim.
  • Take pictures if possible, of all vehicles involved and the scene of the crash. You want to have as much documentary evidence as possible to help your claim.
  • Receive the proper medical treatment. If you’ve suffered an injury it is important that a medical professional does an examination. People may not initially feel the injuries they sustained as a result of shock or adrenaline so make sure you get checked out by a medical professional.
  • Contact a proven and aggressive law firm that will protect your interests.

It’s imperative to be represented by a firm that approaches every motor vehicle accident with a unique perspective as there are a wide range of accidents including but not limited to rear-end collisions, T-bone collisions, sideswipes, head-on collisions, hit-and-run crashes, chain reaction crashes. There are also various reasons for these crashes including but not limited to driver inattention, speeding, alcohol consumption, failure to yield, driver fatigue, weather conditions and improper vehicle maintenance.

It is equally important to retain a well-versed firm in all aspects of motor vehicle crashes as well as intricate knowledge of the Vehicle and Traffic Law. Likewise there are certain time frames for which you must file your claim and initiate a lawsuit. As an injured individual you may not have the time, knowledge or ability to meet the necessary filing deadlines.

While you may be dealing with a life changing serious injury, you’ll need a firm that has your best interests in mind. It’s important to make sure your No-Fault benefits or “PIP” (Personal Injury Protection) benefits are opened properly with the requisite paperwork. PIP benefits in New York are a part of the insurance policy carried by the vehicle in which you are located at the time of the crash. It affords you up to $50,000.00 in benefits including medical coverage and lost wages. As a person injured in an automobile crash this will be the last thing you’ll want to concern yourself with and which Baron Associates P.C. will handle it for you.

In New York the time frame prescribed by law is three (3) years following an accident to bring a lawsuit against the adverse vehicle. The time frame within which to file for your No-Fault benefits is thirty (30) days from the date of the accident. This time frame differs if you are involved in a crash with a municipal vehicle such as a police car, sanitation truck, FDNY ambulance, etc.  With a municipal vehicle you have ninety (90) days within which for file a Notice of Claim, which puts the City of New York on notice of your claim and one (1) year and ninety (90) days within which to file a lawsuit. You need a firm that knows if and when to file an MV-104, No-Fault documentation, Motor Vehicle Accident Indemnification Corporation documentation, claim forms and/or commence a lawsuit. Baron Associates P.C. is that firm.

Baron Associates P.C. will walk you through the whole process from initiating a claim all the way through trial and everything in between to get you the best possible result.

truck accidents

Accidents with trucks, whether semi-trucks or tractor trailers are complex situations with nuances that require intricate knowledge. Understanding the specific distinctions involved in truck accidents is key to obtaining a favorable result in litigation. Baron Associates P.C. is a law firm well versed in truck related accidents and perform the necessary investigation and have the requisite knowledge to competently represent you in your time of need.

Truck accidents are especially severe as they involve a collision between a truck easily weighing upwards of 10,000 pounds and a passenger vehicle. Unfortunately, truck accidents have an outcome that leaves people requiring extensive medical treatment and with devastating injuries.

There are a multitude of reasons why truck accidents happen, including but not limited to driver inattention, fatigue, sickness, impairment, intoxication, improper truck maintenance, brake problems, not complying with road conditions. There is a tremendous amount of work that must go into an investigation, from obtaining the police accident report to demanding the necessary documentation from the adverse party to bringing all the necessary parties into the lawsuit and you need the best law firm for the job.

Being involved in a Truck accident can be overwhelming. After a crash you should take the necessary steps to protect your rights and receive the proper treatment. Following a crash you should:

  • Stay on the scene if safe to do so.
  • Call 911 in order to get help from first responders and/or emergency medical services. You may be injured and require medical attention and not realize it. You also want to make sure that the police department is at the scene to document the crash.
  • Obtain the information of the vehicle you were involved in the crash with. This includes the registration of the vehicle and the Driver’s License of the driver of the vehicle. This information is important to be able to make a claim.
  • Take pictures if possible of both vehicles involved and the scene of the crash. You want to have as much documentary evidence as possible to help your claim.
  • Receive the proper medical treatment. If you’ve suffered an injury it is important that a medical professional does an examination. People may not initially feel the injuries they sustained as a result of shock or adrenaline so make sure you get checked out by a medical professional.
  • Contact a proven and aggressive law firm that will protect your interests.

Unlike an automobile accident, a truck accident can involve a multitude of applicable insurance policies that must be identified. In a truck accident you have the driver, the owner of the truck if different from the driver, the entity that ordered the truck whether a store or otherwise, the entity that may have loaded the truck and possibly the manufacturer of the truck.

While you may be dealing with a life changing serious injury, you’ll need a firm that has your best interest in mind. It’s important to make sure your No-Fault benefits or “PIP” (Personal Injury Protection) benefits are opened properly with the requisite paperwork. PIP benefits in New York are a part of the insurance policy carried by the vehicle in which you are located at the time of the crash. It affords you up to $50,000.00 in benefits including medical coverage and lost wages. As a person injured in an automobile crash this will be the last thing you’ll want to concern yourself with and why Baron Associates P.C. will handle it for you.

Similar to a car crash, a truck crash has a statute of limitations with necessary filing deadlines. In New York the time frame prescribed by law is three (3) years following an accident to bring a lawsuit against the adverse truck. The time frame within which to file for your No-Fault benefits is thirty (30) days from the date of the accident. This time frame differs if you are involved in a crash with a municipal truck.  With a truck owned by a municipality you have ninety (90) days within which for file a Notice of Claim, which puts the City of New York on notice of your claim and one (1) year and ninety  (90) days within which to file a lawsuit.

If you’ve been involved in a truck accident you need a dedicated and knowledgeable law firm that is experienced in these types of accidents. Baron Associates P.C. is that firm.

bicycle accident

Bicycle accidents are a leading cause of injury to thousands of New Yorkers. With people being more environmentally conscious and saving money by trading in their cars and motorcycles for bicycles we have seen all different types of bicycle accidents. The National Highway Traffic Safety Administration has the number of bicycle deaths nationally for 2018 at 857 bicyclists. In fact 2018 was the deadliest year for bicyclists in 30 years.

According to the New York City Department of Transportation there were over 5,000 bicycle crashes involving a motor vehicle reported in 2018. Of those over 5000 reported, over 4300 sustained injuries. Along with the thousands of crashed involving a motor vehicle there are hundreds more that involve pedestrians and other factors according to the New York City Department of Transportation.

There are a multitude of reasons for bicycle accidents. Accidents involving motor vehicles are especially dangerous as the bicyclist is colliding with thousands of pounds of metal and steel going at an increased rate of speed. Drivers of motor vehicles and bicyclists are subject to the New York Traffic and Vehicle law and must adhere to it. Some of the reasons bicyclists are injured by motor vehicles are:

  • Motor vehicle driver inattention;
  • Motor vehicle driver fatigue;
  • Motor vehicle driver inattention;
  • Motor vehicle driver rear ending a bicyclist;
  • Motor vehicle driver making a left or right turn cutting off a bicyclist;
  • Motor vehicle driver drifting into a bicycle lane;
  • Motor vehicle driver pulling into a driveway;
  • An occupant of a motor vehicle opening their door.

It is crucial that motor vehicles keep a diligent eye out for bicyclists as they are controlling thousands of pounds that can cause severe injuries and even death to a person on a bicycle.

  • Call 911 in order to get help from first responders and/or emergency medical services. You may be injured and require medical attention and not realize it. Bicyclists are not only injured by the collision with the motor vehicle but with the subsequent fall after. You also want to make sure that the police department is at the scene to document the crash.
  • Obtain the information of the motor vehicle you were involved in the crash with. This includes the registration of the vehicle and the Driver’s License of the driver of the vehicle. This information is important to be able to make a claim.
  • Take pictures if possible of the motor vehicles involved and the scene of the crash. You want to have as much documentary evidence as possible to help your claim.
  • Receive the proper medical treatment. If you’ve suffered an injury it is important that a medical professional does an examination. People may not initially feel the injuries they sustained as a result of shock or adrenaline so make sure you get checked out by a medical professional.
  • Contact a proven and aggressive law firm that will protect your interests.

After an accident with a motor vehicle you have injuries that have to be addressed. You shouldn’t have to worry about how you’ll be paying for the possible thousands of dollars in medical treatment. An accident with a motor vehicle is covered by motor vehicle’s No-Fault insurance or PIP (Personal Injury Protection) benefits. It affords you up to $50,000.00 in benefits including medical coverage and lost wages. As a person injured in an accident with a motor vehicle this will be the last thing you’ll want to concern yourself with and why Baron Associates P.C. will handle it for you.

In New York the time frame prescribed by law is three (3) years following an accident to bring a lawsuit against the adverse vehicle. The time frame within which to file for your No-Fault benefits is thirty (30) days from the date of the accident. This time frame differs if you are involved in a crash with a municipal vehicle such as a police car, sanitation truck, FDNY ambulance, etc.  With a municipal vehicle you have ninety (90) days within which for file a Notice of Claim, which puts the City of New York on notice of your claim and one (1) year and ninety (90) days within which to file a lawsuit. You need a firm that knows if and when to file an MV-104, No-Fault documentation, Motor Vehicle Accident Indemnification Corporation documentation, claim forms and/or commence a lawsuit. Baron Associates P.C. is that firm.

People get seriously injured on bicycles not only as a result of motor vehicle accidents but road and street conditions also play a major role in accidents. Accidents happen as a result of:

  • Cracked sidewalk;
  • Cracked bike path;
  • Depressed street condition;
  • Pothole;
  • Raised sidewalk;
  • Uneven roadway;
  • Debris on the roadway;

An accident as a result of any of these conditions could leave you with a serious injury. After an accident you shouldn’t wait and contact Baron Associates P.C. It’s important to determine who’s responsible for the defect and act within the requisite statute of limitations. Whether it is a private homeowner, corporation or City of New York, you need an attorney to act quickly and aggressively to make sure your rights are protected.

With bicycles not being equipped with safety equipment like you would find in a motor vehicle it is extremely serious when a person is involved in a bicycle crash. You may suffer the following injuries:

  • Head trauma including but not limited to subdural hematoma, brain trauma, concussion, lacerations and bruising;
  • Spinal trauma including but not limited to fractures, tears, herniations, bulges, protrusions, and limitation in range of motion;
  • Fractured and/or broken bones;
  • Internal organ damage;
  • Bruising and scarring.

These injuries are life changing and require your attention. Baron Associates P.C. will handle all aspects of your claim while you focus on your medical treatment. You need dedicated attorneys that will fight for you.

scaffold accident

In New York City we come across many locations where there are scaffoldings.  Whether it’s a new construction of a building or repairs to an existing structure, scaffoldings can be seen all over New York.  Since scaffoldings are set up at a height, or an elevation, accidents that occur on them result in serious personal injuries.  If you or anyone you know were a victim of scaffold accident, it is extremely important that you contact the aggressive legal team at Baron Associates P.C. who will fight for your rights and compensation that you may be entitled to.

Types of scaffolding accidents

There are many types of scaffoldings that can be set up in a variety of ways to serve various purposes.  Some of the most common types of scaffolding are aerial scaffolding, supported scaffolding and suspended scaffolding just to name a few.  Because scaffoldings are so diverse they can create many ways that accidents may occur.  Some of the most common causes of scaffolding accidents are:

  • Scaffold collapses where the installation was improper or subpar allowing the structure to collapse.
  • Falls from scaffolds most commonly occur when personnel on the scaffold are not provided with the proper equipment or protection leaving the individual vulnerable to a fall.
  • Falling objects and construction material occur on scaffold erected construction sites.  According to the Occupational Safety and Health Administration (OSHA) scaffolds that are more than 10 feet above the lower level require toeboards.

Falls from a height are some of the most fatal accidents. OSHA has created strict guidelines to protect workers at construction sites who are working on scaffolds. Property owners, managers, contractors, sub-contractors and workers are required to follow these regulations to maintain safety for everyone at the construction site. OSHA mandates that anyone who is working at a height which is 10 feet above a lower level must be protected by either guardrails or fall arrest devices.

By definition OSHA defines a personal fall arrest system as a system used to stop the motion of an individual in a fall from a height. The components of a fall arrest system include the following items:

  • A body harness is designed to minimize stress forces on a construction worker’s body in the event of a fall from a scaffold, while providing sufficient freedom of movement to allow work to be performed.
  • According to OSHA guidelines, the attachment of the body harness must be located in the center of the worker’s back near the shoulder level, or above the head.
  • Vertical lifelines or lanyards must have a minimum breaking strength of 5,000 pounds and should be protected against being cut or abraded. Each employee working on the scaffold should be attached to a separate vertical lifeline. Two employees can be attached to the same lifeline during the construction of elevator shafts as long as both employees are working atop a false car that is equipped with guardrails and the strength of the lifeline is 10,000 pounds.
  • A horizontal lifeline is a pliable line rigged in a horizontal plane and secured at each end to an anchorage. The worker is connected to the line using a personal fall arrest system that moves with the worker between the two anchorage points.
  • Anchorages are used for the attachment of personal fall arrest equipment. They must be capable of supporting at least 5,000 pounds per employee attached and should be used under the supervision of a qualified individual.
  • The webbing is the ropes and straps used in lifelines, lanyards, and strength components of body harnesses. It must be made from synthetic fibers.
  • Personal fall arrest system connectors include D-rings and snaphooks. They must be made from drop-forged, pressed or formed steel, or equivalent materials and have a corrosion-resistant finish. They should also have smooth surfaces in order to prevent damage to connecting parts of the system. OSHA sets forth minimum strength requirements for D-rings and snaphooks.

Employees must also be properly trained before working on a scaffold. There are numerous hazards which employees can face while working on scaffolds, and if they are not adequately prepared for these dangers, catastrophic accidents and injuries could occur. This is especially true in the erection and dismantling of scaffolding, which is a highly specialized process in itself.

Scaffolding must also be regularly inspected to ensure it can safely be used by workers. OSHA mandates that scaffolding needs to be inspected by a qualified professional before and after each shift for any defects which may be present.

New York Labor Law 240 is in place to protect construction workers.  It mandates employers, contractors and site owners to prevent fall from height related accidents by providing the proper safety equipment and training. This law also applies to workers who have fallen from ladders. 

In scaffold collapse or falls from scaffolding cases, the New York State Statute of Limitation requires a lawsuit to be filed prior to the third anniversary of the incident if it is against private defendants.  Should the responsible party be a municipality then a Notice of Claim is required to be filed within 90 days of the incident, and then a lawsuit must be commenced within 1 year and 90 days of the anniversary of the incident.

Baron Associates P.C. has successfully represented injured victims in scaffold related accidents for over 30 years.  Call today to speak to one of our legal professionals and see if Baron Associates P.C. can help you obtain compensation that you may be entitled to.

elevator accident

An incredible amount of people use elevators on a daily basis whether it may be in office buildings, apartment buildings, stores, malls, movie theaters, hospitals or industrial freight elevators.  When we get on an elevator we assume that it will function property and get us to our desired floor safely. When an elevator malfunctions it can be a scary and traumatic experience and can lead to serious personal injuries.  People have no control over the elevator when it malfunctions and that leads to a great feeling of fear and anxiety.  Often times elevator accidents can be fatal.  Elevator accidents don’t always occur inside the elevator car.  You can be involved in a trip and fall accident when an elevator does not stop evenly with the floor creating a tripping hazard.  Another common way that elevator accident occur involves construction workers and elevator repair and maintenance personnel who are either killed or seriously injured when they fall down elevator shafts.

New York City has laws and statutes in place that administer elevator installations, inspections, maintenance and safety. According to the U.S. Bureau of Labor Statistics (BLS) and the Consumer Product Safety Commission (CPSC), Americans take 18 billion elevator trips a year which result in 27 deaths.  Statistically mechanics and maintenance workers are the majority of elevator accident victims. But elevator workers are not the only ones who are at risk.  Tenants, guests and non-elevator maintenance or repair personnel have been killed or injured due to elevator failure or malfunction.

Unfortunately falls into elevator shafts result in most severe injuries and are the cause of most elevator accident related deaths. Most frequently elevator door failures results in shaft falls and commonly occur during when the elevator should be turned off from use due to pending repairs or when the property owner or manager fail to notify the public of maintenance problems with the elevator and direct passengers to use the stairs. Another common cause of elevator accidents is being struck by a sliding elevator door.   This occurs when the protective sensor in the elevator malfunctions and allows for the door to close while a passenger is in the doorway.  If elevator maintenance personnel did not adjust or configure the protective devise, that too will cause for the door to malfunction.   A way that passengers can become injured while inside the elevator is when it stops and starts, creating a jolting sensation to the passengers inside.  This type of movement causes passengers to fall or collide with each other.  The most common cause of elevators abruptly stopping are electrical problems which are the responsibility of the property owner or their maintenance company.  When an elevator fails to come to a complete stop that is level with the floor creating a trip hazard, mis-leveling is said to have occurred. Mis-leveling can be severe, an elevator car can stop between floors and would create the passengers to become trapped inside the elevator.  If an elevator is not property maintained its speed can malfunction.  If it functions at a high rate of speed it will cause its passengers to be thrown within the elevator car and can cause them serious injuries.  Elevator maintenance is extremely important to keep it working property and keeping its passengers safe.  Elevators are required to undergo routine maintenance which is the main way of keeping elevators from malfunctioning and becoming dangerous to the public.   

New York City’s Department of Buildings (DOB) is the agency that governs elevator installation, maintenance and repairs in city buildings. On Jan. 1, 2016, the DOB started requiring buildings to inspect and maintain their elevator brakes annually.  Furthermore, buildings are to document and properly tag their elevator brakes. Should a repair be required, the building is required to shut down the elevator immediately and report same to the DOB.  Upon completion of the repair the DOB will inspect the elevator and will determine whether the elevator can be reactivated for service. 

Elevator accidents can occur inside either private, public or municipal properties.  The New York State Statute of Limitation requires a lawsuit to be filed on or before the 3rd anniversary of the incident if against a private defendant.  Should the responsible party be a municipality then a Notice of Claim is a required prerequisite which is to be filed within 90 days of the incident, then a lawsuit must be commenced within 1 year and 90 days of the anniversary of the on the incident.

If you or a loved one were injured in an elevator accident, it is important that you contact Baron Associates P.C. as soon as possible so they can begin their aggressive investigation and legal representation of the injured victim.  Time can be of the essence so please do not wait and call Baron Associates P.C. right away.

construction accidents

Construction sites are some of the most dangerous areas and workplaces that exist. Many serious and sometimes fatal injuries occur on construction sites whether to laborers or by the public who are passing by. 

If you have been injured at a construction site or as a result of construction, call the experienced and aggressive legal team of Baron Associates P.C. today!

There are laws and regulations that exist to keep workers and the general public safe in and around construction sites.  Unfortunately, these regulations are sometimes not practiced or are ineffective and lead to serious and sometimes fatal injuries. 

If you’ve been a victim of a construction accident you must seek immediate medical attention for the injuries sustained.   You should contact Baron Associates P.C. right away so we can begin our legal investigation and can identify the parties who were negligent and responsible for your accident and the injuries that you sustained.  Once a thorough investigation has been conducted, potentially liable parties can be general contractors, subcontractors, negligent employees and/or property owners.  While in most cases worker’s compensation benefits are available for victims to have medical bills paid and time out of work reimbursed, a third-party claim can sometimes exist. A third-party is someone other than your employer who was negligent for your accident and the injuries that you sustained.

A consultation with a professional at Baron Associates P.C. will help you determine whether you have a third-party claim.  Please call to receive your free consultation today.

After an accident takes places on a construction site, there are immediate steps that you need to take.  Firstly, seek immediate medical attention. Construction site injuries can result in very serious injuries and your health is most important so seeking immediate medical care becomes a priority. 

Secondly, the incident must be reported with to your employer and/or your union.  Once a report is made, obtain a physical copy of your incident report as it will serve as crucial evidence in your claim.  Contacting the property authorities is very important.  While in most cases your employer will do that part, it is also imperative that you contact the Occupational Safety and Health Administration (OSHA), to investigate your accident.  They will conduct an investigation and will determine if all the proper required safety regulations were followed.

If your loved one was killed as a result of a construction accident, the family of the deceased can pursue obtaining compensation by filing a wrongful death claim which results from the negligence of a third-party. In cases involving a fatal injury to your loved one, it is extremely important that you contact Baron Associates P.C. as soon as possible. There are procedural steps that must be taken and a Petition for Letters of Administration must be filed with Surrogate’s Court in order to have an administrator of the decedent’s estate be appointed.  In New York State a wrongful death claim can not only result in financial compensation for the decedent’s family but also many other damages that aren’t typically covered by workers’ compensation death benefits. As part of a wrongful death claim the family can seek compensation for loss of financial support, loss of love and emotional support, loss of quality of life, fear of impending death and the pain and suffering your loved one endured before their passing.

The New York State statute of limitations for construction site injury cases is 3 years from the date of the injury if the negligent parties are private and non-municipal. A claim against municipal parties have a much shorter timeframe.  A Notice of Claim must be filed with the proper municipal agency within 90 days and the New York State statute of limitations is 1 year and 90 days, which means that a lawsuit must be commenced within that time.  In a wrongful death claim, the New York State statute of limitation is 2 years from the date of incident.  To make sure that all your and your loved one’s statutory rights are fully protected, contact Baron Associates P.C. immediately for aggressive legal representation. 

subway and train accident

New York City is the “Capital of the World”, and our mass transit system is one of the largest and busiest of any country.  With so many daily travelers, accidents are bound to happen.  Unfortunately, subway, train and railroad accidents can not only result in serious injuries but may also be fatal.  Over the years thousands of New Yorkers have been injured or killed in train, subway and railroad accidents due to various reasons. Some of the most common causes are gaps between train doors and platforms; dangerous and poorly maintained platforms and stations; door malfunction; excessive speed; improper or malfunctioned brakes and improper or poor training of conductors and operating personnel.  If you or a loved one have been injured in a subway, train or railroad accident, please do not wait and contact Baron Associates P.C. immediately for a consultation with an experienced legal professional who will protect your rights.

In New York City if you were injured in a train, subway or railroad accident you have limited time to act against the Metropolitan Transportation Authority (MTA) and/or the New York City Transit Authority (NYCTA).  A Notice of Claims against the appropriate agencies must be filed within 90 days of the date of the accident,  Once a Notice of Claims has been filed within the statutory time period, the statute of limitations of 1 year and 90 days is activated and runs from the date of accident.  The MTA is a self-regulating and self-insured public corporation responsible for overseeing various forms of public transportation in the greater New York City area. MTA and NYCTA accidents can happen due to a number of different reasons such as operator or conductor error, if for example they were distracted or not focused, trains or subways cars traveling at an excessive speed can cause injuries to both its passengers and the public and poor or improper maintenance and repairs to trains and subway cars can cause it to malfunction injuring those on board.  Another common way that people are injured in subway accidents are slip or trip-and-fall accidents.  Subway stations and platforms must be maintained in a safe condition for its passengers.  Some of the causes for these accidents are elevator and/or escalator malfunction, poor or improper maintenance, stairways which are in disrepair or uncleaned and/or poorly lit. Subways and trains are also supposed to provide its patrons a level of security.  Many injuries occur during attacks on MTA or NYCTA property which sometimes result in people being pushed onto the train tracks.  Those type of incidents can result in very serious and sometimes catastrophic injuries.  Claims against the MTA and NYCTA are often time complex and require a thorough investigation to determine who was at fault for the accident.  Since time is short, please act quickly and call Baron Associates P.C. and speak to our legal professionals and obtain aggressive legal representation that has been servicing New York State for over 3 decades. 

Subway and train accident injuries can sometimes be catastrophic and can alter lives for both the victim and their family.  Here are some of the common injuries sustained in train, subway and railroad accidents:

  • Brain trauma or permanent loss of a sensory function.
  • Spinal cord injuries, nerve damage and paralysis.
  • Various fractures of bones, teeth, vertebrae, etc.
  • Amputations, permanent loss of limbs or body parts.
  • Permanent scarring, burns to skin and disfigurement.
  • Mental anguish.

Baron Associates P.C.’s aggressive legal professionals can help you determine whether you or your loved one’s accident can result in a compensation claim.  The team at Baron Associates P.C. will aggressively and meticulously investigate your claim and gather the necessary evidence pertaining to your accident.   We will obtain all your medical records from the treatment received resulting from your train or subway accident. We understand that your recovery and rehabilitation come first, but victims of train and subway accidents can be entitled to additional compensation such as such as payment for medical expenses, lost wages, compensation for pain and suffering, mental anguish, permanent physical scarring and/ or disfigurement.

If you or a loved were injured in a train or subway accident, please do not wait and contact Baron Associates P.C. today for legal representation that gets results.   

fire and explosion accident

Fire and explosion accidents can lead to serious, permanent and sometimes fatal injuries.  Rehabilitation for these injuries can not only take long time and be very panful but can also become extremely expensive.  Oftentimes fire and explosion cases can lead to permanent injuries such as scarring, the need for future medical procedures and/or surgeries, permanent lung damage and damage to your personal belonging and property.   Many fire accident victims deal with their injuries for many years and they sometimes become permanent.  If you or a loved one were a victim of a fire or an explosion accident, please contact the aggressive legal team at Baron Associates P.C. to obtain a full consultation surrounding the facts of our incident. 

Generally when a fire takes place it is first investigated by the Fire Marshal.  When the Fire Marshal identifies the cause of the fire, it becomes clearer who the negligent parties are who were responsible for the cause of the fire.  This is who can be held liable for the injuries and losses sustained:

  • Property owner who failed to install proper fire alarms or sprinklers.
  • Property owner or property manager who failed to maintain or improperly maintained the property which caused the fire.
  • An individual, construction company or contractor responsible for causing the fire.
  • A utility company if they recently performed repairs or maintenance at or near the property where the fire or explosion took place.  Sometimes a faulty gas line a transformer malfunction can be the cause of a fire.
  • Faulty electrical wiring can cause electrical fires and explosions inside walls.

Causes of residential and non-residential fires or explosions can have various reasons.   According to the  U.S. Fire Administration approximately half of all residential fires are caused while cooking, with fires related to heating second and accidental fires coming in third. Fires spread extremely rapidly and within a short period of time everything that you own can be damaged or destroyed in addition to leaving individuals with severe personal injuries.  During a quickly spreading fire, there is a small window of time to evacuate safely.  Fire victims tend to either grab their personal belongings, alert others in the household or they attempt to fight the fire themselves which result in them sustaining serious personal injuries. 

When the smoke clears, what you may see can be devastating in having lost all your personal belongings in addition to having sustained serious personal injuries. These factors can lead to emotional, physical and financial turmoil. If you or a loved one have been a victim of a fire or an explosion, contact Baron Associates P.C. for a consultation with an experienced and aggressive legal professional to discuss your legal rights.

Baron Associates P.C. experienced legal professionals can help you determine whether the fire that induced your injuries can result in a compensation claim.  Investigating a fire or an explosion early on can be crucial in determining liability.  First gathering of evidence is extremely important.  We obtain all the necessary evidence including the Fire Marshal and police reports, photographs of both the property and physical injuries.  We obtain all of your medical records which are relevant to the injuries sustained as a result of the fire and/or explosion.  We obtain all the necessary witness statements and testimony, whether they be eye-witnesses, fire inspectors, or investigators who can provide their expert theories of how the fire started and who was responsible for causing it.  Victims of fire and explosions accident can receive a variety of compensations such as economic damages, medical expenses, lost wages and reduced earning capacity. There can also be compensation for pain and suffering, mental anguish, permanent physical scarring and disfigurement. In some cases, punitive damages may also be awarded to punish the liable party for their negligent behavior.

Fire and explosion accidents can occur at any place.  The New York State Statute of Limitation requires 3 years for a lawsuit to be filed against private defendants.  Should the responsible party be a municipality then a Notice of Claims is required to be filed within 90 days of the incident, then a lawsuit must be commenced within 1 year and 90 days of the incident.

If you or a loved were a victim of a residential or a commercial fire or an explosion that resulted in injuries and/or property damage, please do not wait and contact Baron Associates P.C. for a free no commitment consultation.   

work or job related injuries

New York State Workers’ Compensation laws provide a unique situation: Employers must pay for most employee injuries on the job regardless of who is actually at fault; but, in exchange, their liability is limited, and they are immune from personal injury lawsuits in most circumstances. Notice that the key work is “most” circumstances. While employees generally cannot sue their employers for work-related injuries, there ARE exceptions when injured employees can hold their employers accountable for full compensation.

While employers have broad immunity from personal injury claims, this immunity is not absolute. The following are all examples of situations in which you may be able to sue your employer.

  • Your Employer Intentionally Caused Your Injury – if you can prove that your employer intentionally caused your injury, then you can seek full compensation for your injury-related losses directly from your employer.
  • Your Employer was Grossly Negligent – employees can also sue their employers for job-related injuries and illnesses resulting from their employers’ “gross negligence.”
  • Your Employer Manufactured the Product that Injured You – If your injury involved in accident with a defective product manufactured by your employer, you may be able to sue your employer under the theory of “products liability.”
  • Your Employer Denied Your Workers’ Compensation Claim in Bad Faith – a bad-faith denial of workers’ compensation benefits provides grounds to sue your employer. However, this is looked as a “last resort” and it is a prerequisite to exhaust your other remedies or options (such as filing an appeal with your state’s workers’ compensation board) before filing a lawsuit in court.
  • You Are an Independent Contractor – If you are an independent contractor (as opposed to an employee), then the company that you work for is yourself and isn’t technically your “employer.” This means that employer immunity doesn’t apply, and you can sue for full compensation based on the company’s (or one of its employees’) negligence.
  • Your Employer Has a Relationship with a Contractor or Subcontractor – If you suffered your injury in an accident involving a contractor or subcontractor, your employer may ultimately be liable based upon its business relationship with the contractor or subcontractor.

If you or a loved one have been in a situation or accident on the job that is not covered under New York State Workers’ Compensation laws, you may have a claim under the exceptions listed supra. Baron Associates P.C. has over thirty (30) years of experience representing claims of such nature. Our experience and aggressiveness coupled with our strong ethical beliefs will make sure you and/or your loved have the very best representation throughout the entire process from initiating a claim all the way through resolution and everything in between to get you the best possible result.

bus accident

Bus accidents occur every day in New York and account for some of the most severe injuries suffered by patrons. Whether a bus strikes a car, a pedestrian, or a bicyclist; or if you are injured as a passenger while riding a bus, the damage caused by a multi ton bus is devastating. As an injured person involved in a bus accident it is vital that you contact a law firm that can provide aggressive and knowledgeable representation to represent you.

There are millions of public transit riders each day taking buses and trains. With millions of people commuting back and forth everyday it is unavoidable that accidents will happen. Whether an individual outside of a bus or inside, severe injuries can occur during an accident.

Being involved in a bus crash can be overwhelming. After a crash you should take the necessary steps to protect your rights and receive the proper treatment. Following a crash you should:

  • Stay on the scene.
  • Call 911 in order to get help from first responders and/or emergency medical services. You may be injured and require medical attention and not realize it. You also want to make sure that the police department is at the scene to document the crash.
  • Obtain the information of the bus you were involved in the crash with or were a passenger on. This includes the license plate of the bus and the Driver’s License of the bus operator and the bus identification number. This information is important to be able to make a claim.
  • Take pictures if possible, of any vehicles involved and the scene of the crash.  You want to have as much documentary evidence as possible to help your claim.
  • Receive the proper medical treatment. If you’ve suffered an injury it is important that a medical professional does an examination. People may not initially feel the injuries they sustained as a result of shock or adrenaline so make sure you get checked out by a medical professional.
  • Contact a proven and aggressive law firm that will protect your interests.

It’s imperative to be represented by a firm that approaches every bus accident with a unique perspective as there are a wide range of accidents including but not limited to rear-end collisions, T-bone collisions, sideswipes, head-on collisions, hit-and-run crashes, chain reaction crashes. There are also various reasons for these crashes including but not limited to:

  • Driver inattention.
  • Speeding.
  • Alcohol consumption.
  • Failure to yield the right of way.
  • Driver fatigue.
  • Weather conditions.
  • Improper vehicle maintenance.
  • Stopping short.
  • Overcrowding the bus.

It is equally important to retain a well-versed firm in all aspects of bus crashes as well as intricate knowledge of the Vehicle and Traffic Law. Likewise there are certain time frames for which you must file your claim and initiate a lawsuit. As an injured individual you may not have the time, knowledge or ability to meet the necessary filing deadlines.

We need to identify whether the bus is a Metropolitan Transportation Authority (MTA) bus or a privately owned bus. This is an important factor in how a case is handled.

In New York the time frame prescribed by law is three (3) years following an accident to bring a lawsuit against a privately owned bus and/or bus company. The time frame within which to file for your No-Fault benefits is thirty (30) days from the date of the accident. This time frame differs if you are involved in a crash with a bus owned and/or operated by the Metropolitan Transportation Authority or New York City Transit Authority.  With a municipal bus you have ninety (90) days within which for file a Notice of Claim, which puts the City of New York on notice of your claim and one (1) year and ninety (90) days within which to file a lawsuit. You need a firm that knows if and when to file an MV-104, No-Fault documentation, Motor Vehicle Accident Indemnification Corporation documentation, claim forms and/or commence a lawsuit. Baron Associates P.C. is that firm.

While you may be dealing with a life changing serious injury, you’ll need a firm that has your best interest in mind. If you are a pedestrian, bicyclist or passenger on a bus you should be turning to the bus for insurance. For MTA buses you need to make sure the proper paperwork is filed within the time given by law. In order to take advantage of these benefits you will need to file a Notice of Claim.

If you’re in a motor vehicle you’ll need to make sure your No-Fault benefits or “PIP” (Personal Injury Protection) benefits are opened properly with the requisite paperwork. PIP benefits in New York are a part of the insurance policy carried by the vehicle in which you are located at the time of the crash. It affords you up to $50,000.00 in benefits including medical coverage and lost wages. As a person injured in a bus crash this will be the last thing you’ll want to concern yourself with and why Baron Associates P.C. will handle it for you.

Baron Associates P.C. will walk you through the whole process from initiating a claim all the way through trial and everything in between to get you the best possible result.

pedestrian accident

According to the Center for Disease Control and Prevention (CDC) in 2017, 5,977 pedestrians were killed in traffic accidents. That’s about 1 death every 88 minutes according to the CDC. Approximately 137,000 pedestrians were treated in hospitals for injuries related to traffic accidents that year. Pedestrians are 1.5x more likely to be killed in a traffic accident than occupants of motor vehicles.

The number of pedestrians injured may be shocking but the likelihood of death or serious injury should not be shocking. Tons of pounds of metal and steel coming into contact with a pedestrian is bound to cause a devastating outcome. If you or a loved one have been injured in an accident Baron Associates P.C. is here to offer you aggressive and knowledgeable representation.

There are a multitude of reasons for pedestrian accidents. Accidents involving motor vehicles are especially dangerous as a pedestrian is colliding with thousands of pounds of metal and steel going at an increased rate of speed. Drivers of motor vehicles are subject to the New York Traffic and Vehicle law and must adhere to it. Some of the reasons pedestrians are injured by motor vehicles are:

  • Motor vehicle driver inattention.
  • Motor vehicle driver fatigue.
  • Motor vehicle driver making a left or right turn striking a pedestrian who has         the right of way.
  • Motor vehicle driver pulling into a driveway.
  • An occupant of a motor vehicle opening their door.

It is crucial that motor vehicles keep a diligent eye out for pedestrians as they are controlling thousands of pounds that can cause severe injury and even death to a pedestrian.

Being involved in an accident with a motor vehicle can be overwhelming. After an accident you should take the necessary steps to protect your rights and receive the proper medical treatment. Following an accident you should:

  • Stay on the scene if safe to do so.
  • Call 911 in order to get help from first responders and/or emergency medical services. You may be severely injured and require medical attention and not realize it. You should also make sure that the police department is at the scene to document the crash.
  • Obtain the information of the vehicle you were involved in the crash with. This includes the registration of the vehicle and the Driver’s License of the driver of the vehicle. This information is important to be able to make a claim.
  • Take pictures if possible of the vehicle involved and the scene of the crash. You want to have as much documentary evidence as possible to help your claim.
  • Receive the proper medical treatment. If you’ve suffered an injury it is important that a medical professional does an examination. People may not initially feel the injuries they sustained as a result of shock or adrenaline so make sure you get checked out by a medical professional.
  • Contact a proven and aggressive law firm that will protect your interests.

Pedestrians are at a high risk for severe injuries as a result of accidents involving motor vehicles. Some of these injuries include but are not limited to:

  • Death.
  • Head trauma including but not limited to subdural hematoma, brain trauma, concussion, lacerations and bruising.
  • Spinal trauma including but not limited to fractures, tears, herniations, bulges, protrusions, and limitation in range of motion.
  • Fractured and/or broken bones.
  • Internal organ damage.
  • Bruising and scarring.

These injuries are life changing and require your attention. Baron Associates P.C. will handle all aspects of your claim while you focus on your medical treatment. You need dedicated attorneys that will fight for you.

After an accident with a motor vehicle you have injuries that have to be addressed. You shouldn’t have to worry about how you’ll be paying for the possible thousands of dollars in medical treatment. An accident with a motor vehicle is covered by motor vehicle No-Fault insurance or PIP (Personal Injury Protection) benefits. It affords you $50,000.00 in benefits including medical coverage and lost wages. As a person injured in an accident with a motor vehicle this will be the last thing you’ll want to concern yourself with and why Baron Associates P.C. will handle it for you.

In New York the time frame prescribed by law is three (3) years following an accident to bring a lawsuit against the adverse vehicle. The time frame within which to file for your No-Fault benefits is thirty (30) days from the date of the accident. This time frame differs if you are involved in a crash with a municipal vehicle such as a police car, sanitation truck, FDNY ambulance, etc.  With a municipal vehicle you have ninety (90) days within which for file a Notice of Claim, which puts the City of New York on notice of your claim and one (1) year and ninety (90) days within which to file a lawsuit. You need a firm that knows if and when to file an MV-104, No-Fault documentation, Motor Vehicle Accident Indemnification Corporation documentation, claim forms and/or commence a lawsuit. Baron Associates P.C. is that firm.

motorcycle accident

Motorcyclists are some of the most at risk commuters for severe injuries. As a motorcycle rider you are much more exposed to dangers than motor vehicle drivers who are enclosed within thousands of pounds of metal and steal. In 2018 almost 5,000 motorcycle riders were killed in traffic accidents. In New York there are approximately 750,000 licensed motorcyclists according to the governors traffic safety commission. Despite being only 3% of the vehicles on the road, motorcycles account for 14% of accidents and are 28 times more likely than a motor vehicle to suffer a fatality.

It’s imperative to be represented by a law firm that approaches every motorcycle accident with a unique perspective as there are a wide range of accidents including but not limited to rear-end collisions, T-bone collisions, sideswipes, head-on collisions, hit-and-run crashes, chain reaction crashes. There are also various reasons for these crashes including but not limited to:

  • Driver inattention.
  • Speeding.
  • Alcohol consumption.
  • Failure to yield the right of way.
  • Driver fatigue.
  • Weather conditions.
  • Improper vehicle maintenance.

With motorcycles being much smaller than cars one of the major causes of accidents is the motor vehicle driver not seeing the motorcycle.  Inattentive drivers can cause severe injuries and even death to a motorcycle rider.

Most motorcycle insurance policies do not come with a Personal Injury Protection (PIP) provision. As opposed to a motor vehicle insurance policy that mandates up to $50,000 in PIP coverage, most motorcycle policies leave you without any way to have your medical bills covered. As an injured motorcycle rider you are left to fend for your own medical bills and possible lost wages. This is a major reason you need an aggressive and knowledgeable firm to make sure that your expenses, medical and otherwise, lost wages and out of pocket expenses are reimbursed.

There is a serious difference between the way motorcycles and motor vehicles are viewed by the law. People hurt in motor vehicle accidents are subject to the “serious injury” provision of the law. This means that you have to reach a certain threshold of injury in order to be compensated for your injuries. When it comes to motorcycles, there is no “serious injury” provision and as such no threshold injury you must meet in order to be compensated. It is important for motorcycle riders to be aware that they can bring a claim for any injuries suffered during a motorcycle accident.

In New York the time frame prescribed by law is three (3) years following an accident to bring a lawsuit against the adverse vehicle. This time frame differs if you are involved in a crash with a municipal vehicle such as a police car, sanitation truck, FDNY ambulance, etc.  With a municipal vehicle you have ninety (90) days within which for file a Notice of Claim, which puts the City of New York on notice of your claim and one (1) year and ninety (90) days within which to file a lawsuit. You need a firm that knows if and when to file an MV-104, Motor Vehicle Accident Indemnification Corporation documentation, claim forms and/or commence a lawsuit. Baron Associates P.C. is that firm.

Motorcycle riders get seriously injured not only as a result of motor vehicle accidents but road conditions also play a major role in accidents. Accidents happen as a result of:

  • Depressed roadway condition.
  • Pothole.
  • Raised roadway.
  • Uneven roadway.
  • Debris on the roadway.

An accident as a result of any of these conditions could leave you with a serious injury. After an accident you shouldn’t wait and contact Baron Associates P.C. It’s important to determine who’s responsible for the defect and act within the requisite statute of limitations. If the City of New York is a liable party, you need an attorney to act quickly and aggressively to make sure your rights are protected.

With motorcycles not being equipped with safety equipment like you would find in a motor vehicle it is extremely serious when a person is involved in a motorcycle crash. You may suffer the following injuries:

  • Head trauma including but not limited to subdural hematoma, brain trauma, concussion, lacerations and bruising.
  • Spinal trauma including but not limited to fractures, tears, herniations, bulges, protrusions, and limitation in range of motion.
  • Fractured and/or broken bones.
  • Internal organ damage.
  • Road rash.

These injuries are life changing and require your attention. Baron Associates P.C. will handle all aspect of your claim while you focus on your medical treatment. You need dedicated attorneys that will fight for you.

negligence

Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions but can also consist of failing to take action when there is some duty to act.

This means someone failed to do something that a normal reasonable person would have done in that same circumstance or did something that a normal reasonable person wouldn’t have done in that same circumstance.  

If you or a loved one have been involved in an incident that you believe may have been prevented, it can be that your injury or injuries were caused by the negligent actions of another person. In order to receive compensation, it must be proven that the other person had a duty to you and failed to act or acted negligently and that directly caused your injury, and that injury could have been prevented if that other person was not negligent.

Compensation for injuries caused by negligence comes in many forms, most commonly: money for medical bills, money for loss of income, or money for pain and suffering. It is very important that if you believe yourself to be a victim of negligence, you seek out an experienced negligence lawyer such as Baron Associates P.C. to fight for your compensation.

In order to receive compensation, you must be able to prove that the other party was negligent and responsible for your injury. Baron Associates P.C. has an outstanding track record aggressively fighting negligence lawsuits.

In real world application, Negligence is a very broad term, there are many different types of negligence that fall under this umbrella. It is very important to know which kind of negligence you and your attorney are attempting to prove, as they all must be each tackled differently. The most common types of negligence that can be proven are:

  • Gross Negligence – In these cases the negligence was so utterly careless it showed a complete lack of concern for the safety of others. Gross negligence is a much more serious form of negligence that goes a step further than simple careless action. Examples of Gross Negligence are: a doctor amputating the wrong limb, a nurse leaving a foreign object inside a patient during surgery, or a driver speeding through a busy intersection knowing that intersection to be full of pedestrians.
  • Comparative Negligence – This is where the plaintiff is partially responsible for the injuries to himself or herself. The plaintiff may be required to pay a percentage of the damages in a comparative negligence case. Example: You drive through a green light and are struck by someone running a red light. You sustain serious injuries because you were not wearing a seatbelt. Because you were partially responsible for your injuries, you would not receive the full value for your injuries but instead a percentage which would be determined by a judge or jury.
  • Contributory Negligence – In contributory negligence cases, if the plaintiff caused his own injury in any manner, he cannot collect damages at all. This type of negligence is being abandoned in many areas. An example for contributory negligence is that in a car accident, the plaintiff rear ended the defendant.
  • Mixed Contributory & Comparative Negligence – This form of negligence is a combination of contributory and comparative. Mixed Negligence is where if the plaintiff is determined to be more than 50% responsible for his or her own injury, he or she may receive only a percentage of damages, or none at all. Example: Using again the car accident scenario, if the jury determined that not wearing your seatbelt was half or more than half the reason you were injured, you would receive little to no damages.
  • Vicarious Liability – This form of negligence is where the defendant is held responsible for the actions of another person. This form of liability is often used in cases where young children or minors caused serious injury, or a dog attack. The parent of the child and owner of the dog will be held responsible for the damages because the child or animal cannot be responsible for it themselves. Vicarious Liability can also be used when an employer fails to properly oversee their employees and is thus held responsible for the employee’s actions.

Regardless of the type of negligence you are claiming for your injury, it is extremely important that you seek immediate assistance from reliable attorneys such as Baron Associates P.C.

dog bites

Dog bites are one of the leading causes of injuries to people all over New York.  According to the New York City Department of Health, dog bites are the leading cause of nonfatal injuries to children. A study done by the department of health from 2007-2014 showed that dog bites were on the rise. “In 2014, there were 6,373 emergency department visits related to dog bites, 293 hospitalizations and 3,188 reported dog bites. Hospital charges for dog bite injuries totaled more than $17 million” according to the New York City Department of Health. 

Dog bites can cause severe injuries to people, including but not limited to scaring, fractures or broken bones, sprains, mutilation, and even death. All of these injuries can require thousands upon thousands of dollars in medical expenses. It is important to make sure that you retain a law firm that is well versed and compassionate in dog bite cases.

In New York there are a specific set of laws in regard to dog attacks. If a dog bites a person or a pet, whether it be another dog or other, the owner or person in control must pay for all of the medical (hospital, surgical, rehabilitation, etc.) or veterinary bills related to the attack. If it can be proven that the dog has a violent history, the one-bite rule is applicable. The one-bite rule can be found at McKinney’s Agriculture and Markets Law § 123, 123-a. According to the statute, the owner or person in charge of a dog who has a provable history of violence may also be held liable for non-medical related damages, such as pain and suffering. It is the burden of the person suffering the injuries to prove that the dog owner or person in control of the dog knew of the vicious propensity or danger of the dog before the attack took place and failed to take the necessary precautions to stop said attack from happening.

There of course are caveats to the above. An individual may not be able to recover for a dog bite if, they provoked the dog; knew of the dog’s vicious propensity and/or were warned of same; and trespassed on private property where the dog was located.

If you’ve been bitten by a dog, you should take steps to make sure you have enough information regarding the dog and owner as well as receive the proper medical attention. You should do the following:

  • Get the dog owner’s or person in charge of the dog’s name, address and phone number. You want this information in order to identify who may be responsible.
  • If the dog is unleashed and has no identification, try to obtain as much information as possible from any person that may be able to identify the dog.
  • You should try to obtain the information of anyone that witnessed the attack and who may have known the dog and its history.
  • Contact your doctor for specific care instructions.
  • Report the bite or call 311. Information reported helps the Health Department determine if you might need a rabies shot and creates a record of that dog’s bite history.
  • If a dog poses an immediate danger to you or others, call 911.

Baron Associates P.C. has represented people that have suffered dog bites ranging from puncture wounds to fractured bones requiring surgery and so on. Baron Associates P.C. is a firm experienced in all aspects of dog bite cases.

wrongful death

If you have experienced the death of a loved one, you should consult with Baron Associates P.C. to see if you may be entitled to compensation. Unfortunately it is a reality that you may have lost a loved one due to the negligence of another party. It is difficult to go through the process of losing a loved one and you shouldn’t have to deal with it alone. Baron Associates P.C. handles wrongful death claims from beginning to end.

There are various reasons for a wrongful death claim including but not limited to:

  • Motor vehicle accident—Thousands of people die each year as a result of the negligence of motor vehicle operators. A time of mourning should not be overborn by the necessity to deal with a wrongful death claim, the paperwork and statute of limitations. Baron Associates P.C. handles all aspects of motor vehicle wrongful death claims.
  • Trip and fall accidents—Trip and fall accidents are very common in New York. Unfortunately, some of these accidents result in the death of a loved one. The property owner may be liable to your family due to negligence that caused that loved one’s trip and fall. If this is the case, it is important to have an attorney dedicated to your rights and will fight for you and your loved one.
  • Slip and fall accidents—Whether it’s a slip on water, a slip on ice, or a slip on some other kind of substance, these accidents can result in death. If a loved one has died as a result of a slip and fall accident you want an aggressive, dedicated firm to guide you through the process.

In the State of New York an individual has two (2) years from the date of death to bring a lawsuit for wrongful death. It is imperative that a representative of the deceased estate consult with an attorney as soon as possible in order to avoid being time barred. The ins and outs of the statute of limitations are complicated and you should consult with an attorney quickly. A crucial issue in a case of wrongful death is that only the appointed representative of the deceased’s estate can start a lawsuit. In most cases this is a spouse or child of the deceased but there are instances where other closely related family members may have been be appointed. At Baron Associates P.C. we take all aspects of these cases very seriously from having an administrator appointed, to starting a lawsuit, all the way to the conclusion of the case.

In wrongful death actions the court can award the estate and beneficiaries of the estate for a variety of reasons. These reasons include but are not limited to medical expenses, funeral costs, loss of wages, loss of consortium, loss of services, as well as punitive damages. To make sure you receive the maximum compensation during a time of grief you need to consult a dedicated and compassionate law firm to represent you and your family.

ceiling collapse

We here in New York City have a many old and poorly maintained structures and properties.  Some were built as early as the 1800’s. Whether the structure is old or new, the property owner and/or agent are required to maintain and repair it to make sure that it is safe for both its tenants and visitors. 

When a ceiling collapses there can be many contributing reasons, but some of the most common reasons are poor building maintenance and either negligent repair or lack thereof.  If you or a loved one were injured as a result of a ceiling collapse, please do not hesitate to contact Baron Associates P.C. for aggressive and thorough legal representation.

Ceiling collapses occur when there is a problem with either the ceiling or the roof. Most of the time ceiling collapses are unforeseeable and therefore could only have been prevented with proper routine maintenance and repair by the property owner or its managing agent. The following are some of the common causes for ceiling collapses:

  • Ceiling cracks which are left unrepaired
  • Water damage, high winds, snow or ice collections on the structure roof
  • Attics that have heavy storage items

If ceiling collapse signs are not repaired properly and in a timely fashion, a ceiling collapse can take place and can cause serious personal injuries. 

If you have been injured as a result of a ceiling collapse it is important that you immediately contact Baron Associates P.C. so we can begin our investigation.  It must be determined that the property owner and/or manager were negligent in conducting poor or improper maintenance of the building.  The responsible party may have failed to repair or performed inefficient repairs to the property and whether there was a prior history of their negligent behavior towards the property.  Landlords have certain duties owed to their tenants so proving negligence will be determined whether those duties have been met.  But landlords and managing agents are not always deemed to be at fault.  Sometimes a construction company or a contractor may have performed subpar work on the property which led to a ceiling collapse.  Therefore, construction professionals must be considered as an investigation unfolds. In some cases, a ceiling collapse occurs as a result of a municipality’s negligence. Some of the common properties where municipal ceiling collapses occur are New York City Housing Authority (HYCHA), public schools, subways, etc. While the New York State statute of limitations against private defendants is 3 years from the date of incident, municipal defendants require that a Notice of Claims must be filed within 90 days of the incident and then a New York State statute of limitations of 1 year and 90 days begins to run.  This means that a lawsuit must be commenced within that time period to preserve your right to sue a municipality.  In those situations, it is necessary for your attorney to prepare and serve a Notice of Claims for a complete and concise consultation surrounding the facts of our ceiling collapse accident.  Please do not wait and contact the legal professionals at Baron Associates P.C. for a detailed consultation.

If you or a loved one were injured as a result of a ceiling collapse accident there are immediate actions that you should take in order to receive the proper medical attention and to preserve the proper evidence which will be essential to your potential claim.  You should take photographs of the collapsed ceiling and your physical injuries, if they are visible.  You need to contact the property owner, superintendent or the managing agent and file an incident report.  Be sure to request that a copy of the report is released to you as it can be deemed evidence in your future claim.  If you have sustained serious personal injuries, call 911 for immediate medical assistance.  If immediate assistance is not necessary, you should contact your private medical professional or receive assistance at an Urgent Care clinic.  As in most cases, witnesses are extremely important.  If there are witnesses who were present during your ceiling collapse accident or individuals who have had prior knowledge of the ceiling being potentially dangerous, be sure to obtain their names, addresses, telephone numbers and e-mail addresses.  Most importantly it is crucial that you contact Baron Associates P.C. as soon as possible to review your potential ceiling collapse claim so our experienced and aggressive legal professionals can protect your rights.

slip and fall on snow/ice

Slip and falls on snow and ice result in horrific injuries. Usually people don’t see the fall coming and are unable to brace themselves, resulting in some of the worst injuries. The responsibility of the fall lands on the shoulders of the property owner/tenant and/or property manager. The removal of snow and ice in the City of New York falls under New York City Administrative Code § 16-123.

New York City Administrative Code § 16-123 states that every owner, lessee, tenant, occupant, or other person in charge of a property must clear the sidewalk of snow and/or ice within four (4) hours after snow has stopped. The only time that this code does not apply is between 9pm and 7am. Additionally, if ice has formed in a way that the person in charge cannot remove it, they must put down a substance such as ash or sand to prevent people from slipping.

The law is clear as to what needs to be done for the safety of the public. However, people in charge of the properties sometimes fail to comply which may result in severe injuries. Injured people as a result of a fall on snow and/or ice need to be compensated for the negligence of the person in charge of a property.

It’s important that you as the injured person take the necessary steps to put yourself in the best position. You should consider the following:

  • After a fall it is crucial to collect as much evidence as possible. Snow and ice are transient conditions, they disappear after a certain amount of time. You should take pictures if possible, make note of the size and shape of the patch, observe if there had been any clearing done in the area in which you fell, and make note of the address of the property in front of which you fell.
  • After a fall you should get the proper medical care. Often times people are embarrassed after a fall and decide to walk it off. However, you need to obtain medical treatment after a fall as you may be injured and not realize it because of adrenaline or shock.
  • Contact an aggressive knowledgeable attorney to make sure that your rights are protected, and you receive the compensation you deserve.

Slip and falls on snow and ice can result in serious injuries. After a fall you may have sustained the following injuries:

  • Head trauma including but not limited to subdural hematoma, brain trauma, concussion, lacerations and bruising.
  • Spinal trauma including but not limited to fractures, tears, herniations, bulges, protrusions, and limitations in range of motion.
  • Fractured and/or broken bones.
  • Internal organ damage.
  • Bruising and scarring.

As a person that has suffered a serious injury you need a law firm that will look out for your best interests. You’ll need a firm that will provide you with the representation you deserve. Baron Associates P.C. is an aggressive and knowledgeable firm with experience in these types of cases.

trip and fall

Trip and fall accidents often result in serious injuries. People often confuse a slip and fall accident with a trip and fall accident, which are different. A trip and fall incident is when one’s foot strikes an object or they step down into a hole or a depression that causes an individual to fall, lose their balance or stumble which can sometimes then lead them to fall to the ground or floor.  A slip and fall accident is when a wet or a slippery substance causes one’s feet to slide and creates a loss in one’s balance which too can result in a stumble or a fall.

If you or a loved one were injured as a result of a trip or a slip and fall accident there are immediate actions that you should take in order to receive the proper medical attention and to preserve proper evidence which will be essential to your potential claim.  You should identify the defect or the condition that caused your fall whether it be a hole, crack, depression, raise, wet and/or slippery surface, debris, poor lighting, uneven carpet, etc.  One immediate measure that should be done is taking photographs of the defective and hazardous condition that caused the fall.  Next step should be seeking medical attention.  If necessary, be sure to call 911 for immediate medical assistance.  If immediate assistance is not necessary, you should contact your private medical professional or receive assistance at an Urgent Care clinic.  Witnesses can play a crucial role in describing the details of your incident.  You should obtain the names, addresses, telephone numbers and e-mail addresses of anyone who witnessed your accident. If the property owner and/or responsible party is to give a different version of the hazardous condition, witnesses can play a crucial role in supporting your story.

Trip and fall and slip and fall accidents can occur at any place.  The New York State Statute of Limitation requires 3 years for a lawsuit to be filed against a private defendant(s).  Should the responsible party be a municipality then a Notice of Claim is required to be filed within 90 days of the incident, then a lawsuit must be commenced within 1 year and 90 days of the anniversary of the on the incident.

There are many places where a trip and slip and fall accident can take place.  They can occur on a sidewalk, a roadway, inside of a structure and on staircases and stairwells. Uneven stairs can result from multiple reasons. They can be hazardous due to poor or improper installation, poor maintenance, insufficient lighting, broken or missing handrails or gradual wear and tear. Carpets can be also be causes of trip and fall accidents.  Improperly installed or bunched carpets present tripping hazards. Carpets are required to be maintained and be kept in safe conditions by the responsible party of the property.

An individual or a corporation can be held responsible for a defect or a dangerous condition on or around the property.  They have a legal duty of warning or protecting the public about potential dangers or hazards that may exist.   It is very important that you contact an attorney as soon as possible so that the property owner or manager can be notified of a dangerous condition on their property which can prevent others from getting injured.  Usually a trip or slip and fall danger is unforeseen and a rational individual who is usually careful could not avoid the defective condition. 

We understand that people may begin to panic when they feel their balance giving way and often they don’t brace for the impact. As a result, trip and slip and fall incidents can result in serious injuries that may require extensive therapy and medical treatment.   While we understand that the primary concern becomes your injuries, it is just as important to realize that it may not be your fault.  If that is the case, it is imperative that you contact our office for aggressive legal representation with regards to your trip or slip and fall incident and that your rights are fully protected.  If you or a loved one were a victim of a trip or slip and fall accident, please call Baron Associates P.C. for an immediate consultation.

assault and battery

Have you been charged with assault and/or battery in New York? Or do you believe you have been a victim of assault and/or battery? In New York these charges are normally brought on and/or by an individual or individuals who were in a physical altercation or fight. A more serious charge of “Aggravated assault” may be charged and/or claimed if a deadly weapon such as a knife or baseball bat was involved. Though many people may not know the difference between them, assault and battery are separate types of personal injury claims. When one person purposefully acts in a way that causes someone else to think that he or she will be hurt or harmed, that is considered assault, even if no physical contact has taken place. When a person raises a fist and states, “I’m going to knock your lights out” and you reasonably fear being punched, you have just been assaulted. Once contact is made, the claim becomes battery, otherwise saying, once the punch lands, you have just been battered. Assault and/or battery are a part of both the criminal court system and civil court system. When a part of a criminal matter, the State of New York or the City of New York will charge a defendant with the crimes of assault and/or battery under criminal codes. When a part of a civil matter, a plaintiff may have civil claims of assault and/or battery against a defendant.

The clearest sign that something was an act of assault is the fear experienced by the victim. Fear or apprehension involves the reasonable belief that you are in danger of physical harm. A lot of factors can play a role into determining whether that fear was justified such as: perception of the situation, the environment, previous knowledge, etc.

On the other hand, battery cases have no need for apprehension or fear. As long as physical contact was purposefully committed, with the intent that that contact would be harmful or offensive, the grounds for a battery suit have been met. Any contact that alters the body of the victim—regardless of causing pain or not—can be considered offensive or harmful. An act can also be considered offensive if it affects the dignity of the victim.

The statute of limitations for an assault and battery civil case in New York State is one year after the incident. This means that the victim has just one year from the time of the incident to file a lawsuit.

An essential element as to determine whether or not the plaintiff of an assault or battery has a case is that the plaintiff must have sustained damages. Damages can vary and may be economic, non-economic, or punitive (made to punish the defendant). Unfortunately, Plaintiffs should and must also consider the finances that will be required when filing an assault lawsuit. Civil court lawsuits assist plaintiffs by requiring that the perpetrator provide the victim with compensation. However, if the person who assaulted and/or battered the victim doesn’t have many assets, there won’t be much to collect when the case is over. Discussing the matters of your claim with an experienced attorney such as Baron Associates P.C. is the best way to determine which steps to take during a potential civil assault or battery lawsuit.

Brooklyn, New York

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