Alpert, Slobin & Rubenstein, LLPAlpert, Slobin & Rubenstein, LLP2026-05-25T15:28:02Zhttps://www.asrllp.com/feed/atom/WordPress/wp-content/uploads/sites/1404369/2020/07/cropped-Favicon-32x32.pngOn Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[What is a notice of claim in New York personal injury cases?]]>https://www.asrllp.com/?p=476382026-05-25T15:28:02Z2026-05-25T15:28:02ZIf a city, county, school district, transit agencyor another public entity played a role in your injury, you likely face a different set of rules than a standard claim. New York law often requires a notice of claim before you can file a lawsuit. This early filing puts the government on formal notice so it can investigate quickly.
What the notice of claim does
A notice of claim is a short, sworn document that states who you are, when and where the incident happened, how it happened and the injuries and losses you claim. In most New York cases against public entities, you must serve it within 90 days of the accident. Many transportation authorities have similar rules. Some agencies have their own statutes and procedures, so the details can vary.
Who needs to file and when
You may need a notice of claim if your case involves certain parties. These include:
A city, town, village,or county
A public school district or BOCES
The City of New York or an NYC agency (e.g., DOT, DEP)
Transit authorities such as the MTA or NYCTA
Public authorities that maintain roads, buses, or facilities
After the notice, the government can schedule a pre‑suit examination under oath (a “50‑h” hearing) and request medical authorizations. Many claims also carry a shorter lawsuit deadline than private cases—often one year and 90 days from the incident (GML § 50‑i), with different limits for wrongful death and some authorities. Courts can allow a late notice in narrow situations, but waiting risks the entire claim.
Why acting fast matters
Government claims move on tight timelines. Video from buses, intersections,or facilities can overwrite in days or weeks. Road or sidewalk hazards can change. Quick action helps preserve evidence, meet service rules (personal delivery or certified/registered mail, or approved electronic systems), and avoid technical errors that lead to dismissals.If a public entity may be involved, do not assume the standard timeline applies. Early legal guidance can help you confirm the right deadline, serve the correct agency, preserve key proofand protect your right to pursue compensation after an injury.]]>On Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[Medical bills after car crashes in New York]]>https://www.asrllp.com/?p=476282026-04-21T12:10:24Z2026-04-21T12:10:24ZAfter a car crash, victims have many things that they have to consider. One of these is their medical debt. In New York, the starting point for those bills is usually the no-fault insurance system, which is designed to cover basic economic losses without considering who caused the wreck.
The no-fault system can pay for necessary medical care and some other financial damages, but only up to the policy limits. This is why many victims opt to submit bills through this system before they take other actions, but that doesn’t mean that the bills will automatically disappear.
No-fault insurance challenges
One of the challenges that comes with no-fault coverage is that there are strict limits, documentation requirements and deadlines. Disputes about whether specific treatments were necessary and documented correctly are common. When long-term care is required, the coverage that’s available may not cover everything.
Financial damages beyond no-fault coverage
Health insurance can sometimes step in to cover the medical care costs if the no-fault policy reaches the limit. This depends on the plan and the circumstances. Some people have optional coverage that provides benefits after crashes. When there aren’t health insurance benefits to pick up the expenses after the no-fault coverage reaches the limit, if the health insurance benefits are exhausted or there are financial damages that aren’t covered at all, filing a lawsuit is possible. Under New York law, the victim must meet specific requirements to seek recovery for pain and suffering from a negligent driver. These claims can be complex, particularly because victims are dealing with the healing process while trying to navigate the financial impacts. For many people who are injured, the path toward financial recovery isn’t linear, so it’s best to work with someone familiar with these matters so they can build a comprehensive case. Reach out to Alpert, Slobin & Rubenstein, LLP to learn about your legal options. We offer a free consultation so you can learn more about how we can help you recover the compensation you deserve.
]]>On Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[How to prove negligence in a slip-and-fall accident]]>https://www.asrllp.com/?p=476262026-04-20T20:36:14Z2026-04-20T20:36:14ZIf someone suffers injuries in a slip-and-fall or other type of accident, the medical expenses and other costs can add up fast. These might include lost wages, transportation costs (if someone can’t drive for a time), paid child care or household help while an injured person is recovering and more. That’s why it’s crucial to be able to show that a property owner’s negligence was responsible for creating a hazard.
Slipping and tripping accidents can happen at any time and anywhere. Wet or uneven floors, tripping hazards like cords or torn carpeting and even a lack of lighting that makes it difficult to spot and avoid hazards are common types of property owner negligence. They may also be responsible for certain outdoor conditions, like icy walkways and steps.Property owners are generally considered responsible for a hazardous condition if they know about it or should have known about it and did nothing to correct it or at least warn visitors of it (like putting up a sign or cordoning it off).
The 4 elements of a negligence case
There are four key elements under the law that a victim typically must prove to make a successful negligence case against a property owner: duty of care, breach of duty, causation and damages. A person has grounds for a negligence claim if they can prove that:
Anyone who has been injured due to negligence should be prepared to make a strong case. A property owner (whether it’s a small business or large corporation) may say that the injured person was careless, had mobility limitations that made them prone to fall or is just plain lying.
The importance of solid evidence
Many people are so embarrassed after a slipping or tripping accident that they just want to get out of there – only to find later that they are injured. That’s why it’s important not to sign a liability waiver or any document a property owner has ready for such an event.It’s also smart to gather as much evidence at the scene as possible. For example, photos or videos of the hazardous condition, the injury itself and witness accounts can help. Getting a medical evaluation immediately can link injuries to the accident.If you or a loved one has suffered injuries in an accident caused by a property owner’s negligence, before you sign any waivers or agree to any settlement, contact the experienced personal injury attorneys at Alpert, Slobin & Rubenstein, LLP for a free consultation and evaluation of your case.]]>On Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[Slip and fall accidents in New York City: Do you have a case?]]>https://www.asrllp.com/?p=475792025-04-01T19:52:18Z2025-04-02T19:47:12ZWas the property owner negligent?
Negligence is a critical component in slip and fall cases. To establish negligence, you must demonstrate that the property owner or responsible party failed to maintain a reasonably safe environment. This could mean neglecting to fix a known hazard, not providing adequate warnings or failing to conduct regular maintenance. Gathering evidence such as photographs, witness statements, and maintenance records can help support your claim.
Did the negligence cause you harm?
The next step in determining whether you have a valid claim is showing that the property owner’s negligence caused your injuries. For example, if you fell on an icy sidewalk, you will need to link that fall to your injuries. Documenting medical treatments, obtaining professional evaluations and keeping records of medical expenses are essential ways to show the harm you suffered and link your injuries to the property’s condition.
Do you still have time to file a claim?
In New York City, the statute of limitations for filing a slip and fall lawsuit is typically three years from the date of the accident. However, if the incident occurred on government property, the timeframe might be shorter. It's crucial to act promptly to ensure your right to file a lawsuit is preserved.
If the answer is yes, you may have a valid claim
Determining if you have a slip and fall case in New York City involves evaluating several factors. By understanding these elements, you can make informed decisions and pursue the compensation you deserve.]]>On Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[Could a construction site injury cost you your job?]]>https://www.asrllp.com/?p=475802025-04-01T19:51:01Z2025-04-01T19:51:01ZWhat are your options for seeking compensation after a construction accident?
Often, the source of support for workers after an accident on the job is workers’ compensation. Workers' compensation laws protect employees who suffer work-related injuries. These laws require employers to provide benefits to injured workers, such as medical care and wage replacement. Workers’ compensation does not require you to prove fault and does not require you to sue your employer.
While workers' compensation provides certain benefits, it may not cover all your losses. If your injury was due to your employer’s negligence, you might consider filing a personal injury lawsuit against your employer instead of a workers’ compensation claim. This type of lawsuit can potentially offer additional compensation for pain and suffering, beyond what workers' compensation provides.
Additionally, if a third party contributed to your injury, you might have grounds to pursue a third-party liability claim. This might include manufacturers who provided faulty equipment, contractors whose irresponsible actions harmed you or other parties. A third-party lawsuit can be another avenue for obtaining compensation.
Can your employer fire you for filing a claim?
New York is an at-will employment state. This means that employers can fire employees for almost any reason.
However, your employer cannot fire you for filing a workers’ compensation claim or lawsuit. You have a legal right to take these actions, and the law protects you from retaliation.
You can get support while protecting your career
A construction site injury should not cost you your job. With the protections offered by workers' compensation laws and the potential for additional legal claims, you can focus on recovery without fear of losing your employment.]]>On Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[Can I sue the City after a New York City slip and fall?]]>https://www.asrllp.com/?p=475652025-01-05T09:10:33Z2024-12-31T19:11:53ZFrequently, discussions about slip-and-fall scenarios focus on private property. People fall while shopping at a store or slip on an icy sidewalk next to a residential property. They can break bones or hurt their brains when they fall. In such scenarios, individual property owners or businesses are potentially liable for the incident.
However, slips and falls can occur almost anywhere people visit, including public property. Those living in or visiting New York City may regularly use municipal infrastructure. From city-owned parks and bathrooms to rented spaces where the City government operates, many facilities in New York City technically belong to the City itself. If people slip and fall while on City property, do they have grounds to take legal action against the City?
Government slip-and-fall claims are different
Technically, property owners, landlords and tenants can be responsible for unsafe facilities regardless of who the property owner actually is. The City has the same basic duty of care as individual homeowners or businesses. People visiting a space owned or rented by the City have a reasonable expectation of safety. The failure to maintain reasonably safe premises can result in liability if visitors get hurt. However, the requirements for those injured on City property are slightly different. Typically, they have to report the injury within 90 days. That requirement is in addition to the standard statute of limitations for personal injury lawsuits. The injured party also has to prove that the City was negligent regarding the maintenance of the facilities or any warning signage posted advising of property conditions. Other reasonable people have to agree that the property conditions were unsafe. Those hurt on public property often need help understanding their rights and adhering to the strict rules that apply to public property slip-and-fall cases. With the right information, people with broken bones or brain injuries caused by a slip-and-fall can seek reimbursement for their losses. A successful claim might result in compensation for medical expenses, property damage losses and even lost wages generated by the slip-and-fall incident. Taking prompt action after a slip-and-fall incident can protect an individual's right to pursue compensation. People hoping to hold the City accountable for unsafe facilities may require support as they navigate the personal injury claims process.]]>On Behalf of Alpert, Slobin & Rubenstein, LLP<![CDATA[How Will I Pay for My Medical Bills After a Car Accident?]]>https://www.asrllp.com/?p=475692025-01-05T09:09:28Z2024-01-02T19:21:50ZNew York has a no-fault insurance system, which means that vehicle drivers and occupants rely on their own insurance policies to cover the medical bills that stem from a car crash. It doesn’t matter who is at fault for the wreck.
There are several factors to consider when trying to determine how medical bills will be covered after a motor vehicle crash. Understanding these can help to take some stress off victims, which is important when they’re trying to heal after a wreck.
How much medical coverage is provided?
Basic no-fault coverage in New York includes $50,000 of medical care coverage. It’s possible for vehicle owners to purchase additional coverage, but that coverage is optional and not always available. Once a victim has exhausted the $50,000 in coverage from their policy, as well as any optional coverage available, they can make claims to their standard medical insurance policy. At that point, it’s also possible to initiate a lawsuit against the party who caused the crash. The claim is only valid for the costs incurred that exceed the benefits obtained through the insurance claims. There is an exception to this for motorcyclists. A motorcyclist who is injured in a crash with another vehicle can initiate a lawsuit from the initial dollar loss. If there isn’t any auto insurance available in the household, a claim can be made with the Motor Vehicle Accident Indemnification Corporation. In New York, other members of the household in which the driver lives may have insurance policies that the victim can file a claim under, even if that driver or the driver’s vehicle wasn’t involved in the crash.
What happens if a victim doesn’t have medical insurance?
When a person doesn’t have medical insurance, they will have to work with their medical providers to pay for medical care. If the victim has already launched a lawsuit and received a settlement or had a favorable judgment, those funds can be used to cover the medical care expenses. Seeking compensation after a serious crash can help victims to minimize the financial impact the wreck has on them. Working with someone familiar with New York laws is beneficial for these victims since the laws are complex. ]]>