Edelman & Edelman, P.C.New York Personal Injury Lawyers | Get Maximum Compensation2026-06-29T13:59:41Zhttps://www.edelmanpclaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201555/2020/09/cropped-fav-icon-32x32.jpgOn Behalf of Edelman & Edelman, P.C.<![CDATA[Arc Flashes and Vault Explosions: A Danger NYC Workers Face]]>https://www.edelmanpclaw.com/?p=579722026-06-29T13:59:41Z2026-06-29T13:59:41ZWhat an arc flash actually is
An arc flash is not a simple electrical shock. It is an explosive release of energy that occurs when electrical current jumps through the air between conductors. Temperatures can exceed 35,000 degrees Fahrenheit, producing intense heat, blinding light, a pressure wave and molten metal debris in an instant.
Severe burns, hearing loss, vision damage and nerve injury are among the documented consequences. Your protective equipment was likely never rated for the energy levels involved, leaving you exposed to forces that standard gear cannot withstand.
How NYC's underground vaults create a unique danger
New York City's electrical system runs underground through a maze of vaults and conduits built decades ago. Saltwater damage from major storms sped up the decay of cables and connections throughout that network. Fixing it means sending workers down into tight underground spaces to work on or near live electrical systems.
The danger is what happens when a damaged cable is pulled out. It can leave a gap where exposed wires make contact and trigger an explosion. In the tight space of an underground vault, that explosion has nowhere to go but toward you.
Why pursuing a claim is more complicated than it appears
In New York, you generally cannot sue your direct employer for a workplace injury. Recovery depends on identifying other parties who bear responsibility, and in major electrical infrastructure projects, there are usually several. These jobs typically involve layers of contractors, subcontractors, property owners and equipment manufacturers, each with their own legal teams.
New York law can hold general contractors and property owners liable even when they were not directly responsible for the conditions that hurt you. However, building that case requires time, expert witnesses and the resources to sustain litigation that can span years.
Why the resources behind your legal team matter
The parties on the other side of these cases have legal teams and resources dedicated to minimizing what they pay out. Going up against them requires an equally serious commitment.
If you are a victim of an arc flash or vault explosion in New York City, you do not have to navigate this alone. A legal counsel can investigate what happened, identify who bears responsibility, and help you fight to hold them accountable. You deserve someone in your corner with the resources and experience to pursue the full accountability that your situation demands.
]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[Are you able to recover damages from an uninsured driver?]]>https://www.edelmanpclaw.com/?p=579602026-05-05T15:57:15Z2026-05-05T15:57:15ZUM coverage under your own policy
New York requires every auto insurance policy to include uninsured motorist bodily injury (UM) coverage, with minimums of $25,000 per person and $50,000 per accident for injuries, and $50,000 per person and $100,000 per accident for fatalities. This coverage applies when an uninsured driver injures you in an accident.
Your Personal Injury Protection (PIP) coverage primarily handles your medical expenses and lost wages up to $50,000. UM coverage can then compensate you for the losses that exceed those PIP limits, as well as pain and suffering if your injuries meet the state's "serious injury' threshold."
One detail worth noting is that New York resolves UM claims through arbitration rather than a traditional lawsuit. Arbitrators review the evidence from both sides and issue a decision on liability and damages, which is generally binding.
A civil lawsuit against the driver
Filing a lawsuit against an uninsured driver is possible, but the practical challenges are often significant. A driver who cannot afford insurance may also lack the income, savings or property needed to satisfy a court judgment.
If you do obtain a judgment, collecting on it can be a separate process. The state permits wage garnishment and asset seizure, but limited resources on the other driver's end may make enforcement difficult.
MVAIC benefits for qualifying victims
The Motor Vehicle Accident Indemnification Corporation, or MVAIC, helps people hurt by uninsured or unidentified drivers. MVAIC may provide compensation if the at-fault driver has no insurance and no one in your household carries auto coverage.
MVAIC serves as a last resort. To qualify, you need to file an application and meet set eligibility criteria. It covers no-fault benefits such as medical costs and lost wages, as well as pain and suffering claims in eligible cases.
Key deadlines for your claim
Several deadlines apply to accident claims involving uninsured drivers in New York. Missing even one of them can limit or eliminate your ability to recover damages.
For no-fault benefits, you must file an application within 30 days of the accident, whether the claim goes through your own insurer or MVAIC. New York generally gives you three years from the accident date to file a personal injury lawsuit.
For MVAIC benefits, you must notify the corporation as soon as reasonably possible. The deadline is 90 days for hit-and-run accidents and 180 days for accidents involving identified uninsured drivers.
These overlapping deadlines make it important to act quickly. Speaking with an attorney can help you navigate these timelines and protect your right to compensation.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[Invisible injuries: Is your traumatic brain injury claim valid?]]>https://www.edelmanpclaw.com/?p=579352026-03-03T15:38:50Z2026-03-11T14:37:41ZProving serious injury under state law
Under New York law, there are nine specific ways the courts can classify an injury as serious. For TBI cases, these often apply:
Permanent consequential limitation of use: If your brain no longer processes information or regulates emotion correctly, that is a permanent limitation.
The 90/180-day rule: If your injury stops you from performing substantially all of your daily activities for 90 out of the 180 days following the accident, you meet the threshold.
Simply providing personal testimony is not enough. TBIs often face the challenge of proving invisible symptoms with objective data.
Gathering objective evidence
Having a factual paper trail is your best course of action in proving your internal injuries. These can offer more context to your condition:
Results from a neuropsychological exam can show the severity of your memory loss
Testimonies from loved ones and colleagues to further illustrate the differences in your behavior before and after the injury
Notes from your treating physician and vocational rehabilitative expert to demonstrate your inability to maintain a full work schedule
Unfortunately, even with objective proof, insurance companies can use the malingerer defense. Because your imaging scans appear normal, they can argue that you exhibit no injuries.
Validating your reality in court
Navigating the intersection of medical science and New York’s complex liability statutes is a heavy lift. Seeking legal counsel to translate your invisible symptoms into a visible, undeniable legal claim can make all the difference in how the court perceives your story.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[Can you sue after a burn caused by a winter heating source?]]>https://www.edelmanpclaw.com/?p=579262025-12-30T20:59:13Z2025-12-30T20:59:13Zsuffered burn injuries caused by a space heater or open oven, you might feel like you’re to blame for the incident. But that isn’t necessarily the case.
If you rent an apartment or live in subsidized housing, then your landlord has been tasked with maintaining the premises in a safe manner, which includes ensuring that smoke detectors are placed in appropriate areas and that fire exits remain clear. When that doesn’t happen and you suffer injuries as a result, then you may be warranted in taking legal action to try to find accountability and recover compensation for the harm that’s been caused to you.
In what circumstances are landlords liable for burn injuries?
There are several scenarios that could lead to landlord liability after a fire. Here are some examples:
Bars were placed on windows: Some landlords place bars on windows to try to protect residents. But they fail to recognize how these same bars become a tremendous hazard when a fire breaks out, as they can prevent escape. So, if there were bars on your windows and your inability to escape resulted in burn injuries, then you might have a claim against the property owner.
Smoke detectors were misplaced or were missing: Smoke detector placement is really a science. Therefore, smoke detectors that are misplaced can fail to detect fire and alert you to the danger. This can result in otherwise avoidable injuries. The same can be said for malfunctioning smoke detectors that aren’t replaced. Some property owners even fail to install smoke detectors altogether. Any of these circumstances can lead to burn injuries and warrant a lawsuit.
Improperly maintained heating systems: Your landlord likely has a duty to maintain heating systems in your apartment. When they neglect their duty to adequately maintain and repair these systems, a fire can start, leaving you seriously injured.
Lack of fire extinguishers: Some fires can be stopped with the use of a fire extinguisher. But if your property owner failed to supply them, then they may be held accountable for any harm that results after a fire.
Electrical systems were faulty: Sometimes electrical systems fall into disrepair. This can be due to age, overloaded circuits, or even wires chewed by rodents. Your landlord should be made aware of these issues, if you become aware of them, and they should take swift action to repair the issue. If they don’t act in a timely fashion, then their negligence could result in a fire and thus your burn injuries.
Don’t shoulder the blame for your burn injuries
It’s easy to accept fault after a burn injury caused by heating sources used during the winter. But don’t automatically assume that the injuries are your fault. There’s a good chance that you can take legal action against another party in hopes of securing accountability, a sense of closure and much needed compensation. If you’d like to know more about how to pursue one of these cases, then please continue browsing our website to learn more about the legal process.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[The Truck’s “Black Box”: Why Acting Fast is Critical After a Truck Accident]]>https://www.edelmanpclaw.com/?p=578152025-10-15T20:47:40Z2025-10-15T20:47:40ZTurning to a truck’s black box for the evidence you need
While there are several places to look for evidence to support your personal injury case, one of the most helpful can be the black box from the truck that hit you. A truck’s “black box” is general phrase used to refer to one or more computerized systems within a truck that track and record critical data that can be telling in the context of a truck accident. Sometimes this data is recorded continuously while a truck is in operation, while other times recording only starts when an accident is detected. Either way, these systems can provide valuable information about a truck’s speed, acceleration and braking in the moments leading up to your crash. It can also provide insight into whether the truck in question was property maintained.
Securing data from these computerized systems can be tough, though. Truck companies and their insurance providers will do what they can to try to block you from gaining access to this information, especially if they suspect that it could be harmful to their position. However, with careful legal action, you can increase your chances of gaining access to the data needed to build your case.
Why you need to act now to secure truck black box data
The unfortunate reality is that truck black box data is often erased after 30 days or after a specific number of driving cycles. So, if you don’t act quickly enough to secure the data that you need, then you could lose access to it forever. This could be devastating to your case. So, as soon after your truck accident as possible, you should send a subpoena for the records needed while also working with your attorney to ensure you take action to ensure that relevant evidence is maintained pending litigation, including sending a spoilation letter.
What if 30 days have already passed?
Even if that timeframe has already passed, you should still take action to see if you can secure the evidence you need. Don’t make the mistake of thinking that the data has already been erased, thereby wasting more time and decreasing your chances of building a strong and successful case.
Build an aggressive truck accident personal injury case
There are a lot of different ways to approach a truck accident personal injury case. But regardless of the specific approach you take, you still have to gather enough evidence to support your claim. If you think you could benefit from assistance in building your case, then now is the time to discuss the circumstances of your case with an attorney you trust. Hopefully then you’ll be able to craft a compelling case that maximizes your chances of securing a favorable outcome.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[How to calculate lost income after a catastrophic bike accident]]>https://www.edelmanpclaw.com/?p=578132025-09-18T15:16:18Z2025-09-17T18:00:05ZTips for calculating lost income after an NYC bike accident
Your lost wages could make up a significant portion of your personal injury award. Therefore, you can’t cut corners in calculating the amount to which you’re entitled. Here are some tips you can use to ensure you’re calculating the right amount of lost income after your accident:
Gather your employment records: To conduct an accurate calculation, you need documentation that clearly specifies how much you were making from your job at the time of your wreck. This can include your W-2, a 1099, tax returns, pay stubs and documentation pertaining to bonuses and commissions. If you work multiple jobs, make sure you gather documentation pertaining to each. Also, be sure to gather records that show your income over the last year or two so that you can show what your income has historically been and what you’ve consistently made.
Calculate your average weekly wage: Once you have this documentation, you can see how much you’ve made over the last year and divide it by 52. This will give an average weekly wage.
Apply your average weekly wage to the amount of work you’ve missed: Once you have your average weekly wage, you can multiply it by the number of weeks of work that you’ve already missed. This will give you the amount of lost income that you’ve already incurred.
Add in anticipated bonuses, commissions and overtime: Once you have your lost weekly wages, add in any anticipated bonuses, commissions or overtime you expected to earn based on your historical income from these categories.
Consult with experts: By speaking to your medical professional, you can gain a sense of how long your injuries will last and how they’ll impact your ability to work. This, in turn, will give you sense of how much time you can expect to be away from work. You can then multiple the number of weeks of anticipated missed work by your average weekly earnings to get an amount of expected lost wages. Just don’t forget to add in bonuses, commissions and overtime that you otherwise may have earned, too.
You don’t want to leave money on the table after being hurt in a bicycle accident. But to secure what you deserve, you have to know how to gather evidence and present compelling arguments pertaining to your damages.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[Wrongful death in New York: What legal rights do families have?]]>https://www.edelmanpclaw.com/?p=577992025-07-17T17:40:09Z2025-07-10T08:51:30ZLosing someone you love is devastating enough, but when their death was due to someone else’s negligence, you’re left dealing with more than just grief. You’re left wondering how to protect your family, cover the sudden financial losses and hold the right people accountable.
In New York, the law gives you several ways to do that, but the process can feel overwhelming when you’re already facing so much. Here’s how wrongful death cases work and what you need to know if you’re thinking about taking legal action.
Who can file the claim?
Not every grieving family member has the legal right to bring a wrongful death lawsuit. In New York, it's the personal representative of the person's estate who can officially file the claim, but the damages are meant to benefit close family – typically the spouse, children or parents. In some cases, other financially dependent relatives may also be entitled to recover. This structure can be confusing, especially during a time when emotions are high, but the law limits who can step forward to avoid disputes and ensure the claim reflects the interests of the immediate family.
What damages can you recover?
Wrongful death lawsuits focus on the financial losses your family suffers because of your loved one’s death. This often includes lost income your loved one would have provided, medical expenses related to the fatal injury, funeral and burial costs and the value of services your loved one provided to the family. But one thing that often surprises families is that New York law doesn’t allow you to recover for your own grief or emotional suffering. Instead, the law looks at the practical financial impact — what your family has lost and what support your loved one can no longer provide.
How does the lawsuit play out?
These lawsuits typically start with an investigation into how your loved one died, followed by filing a legal claim against the responsible party or parties. Many cases reach a settlement, but if the defense refuses to take responsibility, the claim may go to trial. In New York, you generally have two years from the date of death to file a wrongful death lawsuit, so it’s important to act quickly, even when the legal process feels like the last thing on your mind. Wrongful death cases are often complex, especially when multiple parties are involved or the financial losses are significant, and that’s where having experienced legal representation makes a difference.
Finding clarity in a difficult time
If you’re facing the loss of a loved one and wondering whether negligence played a role, the next step is simply learning your options. Speaking with an experienced wrongful death attorney can help you understand your legal rights and protect your family’s future, because no one should have to face this process alone.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[The long-term effects of a TBI: What survivors need to know]]>https://www.edelmanpclaw.com/?p=577052025-05-31T01:55:12Z2025-05-31T01:55:12ZTraumatic brain injuries (TBIs) can have lasting impacts on a survivor's life. Understanding these effects is crucial for managing health and securing necessary support. Here, we discuss the potential long-term physical, cognitive, and emotional effects of TBIs, along with legal avenues for securing ongoing care.
Physical effects
Survivors of TBIs often encounter physical challenges that necessitate ongoing management. Common issues are:
Chronic pain and headaches: Many TBI survivors experience persistent pain, which can affect daily life and require ongoing treatment.
Motor skill impairments: Difficulty with coordination and balance may persist, impacting mobility and independence.
Fatigue: Survivors often report fatigue, which can be debilitating and affect recovery.
Addressing these physical effects typically involves continuous medical care, including therapy and medications.
Cognitive effects
TBI survivors may face cognitive difficulties that interfere with their personal and professional lives. These challenges often involve:
Memory problems: Short-term memory issues are common, making it hard to remember recent events or learn new information.
Attention deficits: Difficulty focusing can impact work and personal life, requiring adjustments.
Executive function challenges: Planning, organizing, and decision-making may become difficult.
Cognitive rehabilitation therapy can be beneficial, but consistent care is essential for improvement.
Emotional effects
Emotional well-being is a significant concern for TBI survivors, affecting their overall quality of life. Common emotional struggles are:
Depression and anxiety: Emotional struggles are common and may require therapy or medication.
Mood swings: Survivors may experience sudden changes in mood, affecting relationships.
Irritability: Increased irritability can strain interactions with loved ones.
Addressing these emotional effects is key to enhancing life satisfaction and relationships.
Legal considerations for ongoing care
Understanding legal options is vital for securing the necessary support and resources. Important legal aspects involve:
Access to rehabilitation: Legal assistance can help ensure access to necessary therapies and treatments.
Disability benefits: Navigating the process of securing benefits can be complex, and legal guidance can be invaluable.
Long-term care planning: Legal professionals can assist in planning for future care needs, ensuring financial and logistical support is in place.
Our firm is dedicated to helping TBI survivors and their families navigate these challenges. We understand the complexities involved and are committed to securing the support you deserve. If you need assistance, don't hesitate to reach out to us. Together, we can work towards a stable and supported future.By understanding the long-term effects of TBIs and knowing your legal options, you can take steps toward managing your health and well-being.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[How do expert witnesses help during wrongful death lawsuits?]]>https://www.edelmanpclaw.com/?p=577032025-05-11T17:40:16Z2025-05-11T17:40:16Zpartnering with expert witnesses. Expert witnesses are paid outside professionals with training and experience in specialized fields. How can expert witnesses affect wrongful death lawsuits?
Helping establish fault
In many cases, the opinions of expert witnesses are necessary to effectively evaluate an individual's death. An expert witness with medical credentials may be able to explain to the courts how the malpractice of a physician caused a patient's death, for example.
Expert witnesses familiar with vehicle design or what occurs during a collision could help convince the courts that a particular party was responsible for a fatal crash. The insight of expert witnesses can make complex situations more accessible and can clarify the connection between the defendant and the recent tragic death.
Quantifying long-term losses
Fault isn't the only thing that plaintiffs have to prove in a wrongful death lawsuit. They also have to validate the economic and non-economic losses that contributed to the overall value of the lawsuit. A professional familiar with current wages across many sectors could help validate the lost income a family has to recoup after losing a loved one.
Professionals familiar with support services could also help explain how the unpaid labor of a stay-at-home parent translates to real-world financial costs for the people left behind. Expert witnesses can help affirm that the situation warrants wrongful death litigation and can validate the amount of compensation sought by the plaintiffs in the lawsuit.
Having the right assistance when developing a wrongful death lawsuit is important for those affected by a tragedy. The right support can help increase the chances of success and may also increase the final amount of compensation.]]>On Behalf of Edelman & Edelman, P.C.<![CDATA[How to document your TBI for legal and medical purposes]]>https://www.edelmanpclaw.com/?p=576632025-03-13T01:06:20Z2025-03-13T01:05:32Zjust in the first year after the injury. They can also lead to a significant reduction in long-term earning potential. People dealing with TBIs require medical support and may need financial compensation.
How can individuals with TBIs properly document injuries to get the care and financial support they require?
See a doctor promptly
The timing of an individual's TBI diagnosis can have a major impact on their right to compensation. The sooner people receive a diagnosis after a car crash, a fall at an unsafe property or an assault, the easier it is to connect the TBI symptoms to the incident. Seeing a doctor as soon as possible is also important for the long-term prognosis of the injured person. TBIs tend to progress if left untreated. Prompt medical intervention can limit how much the symptoms of the injury worsen after initial onset.
Keep a journal
There are limits to what medical doctors can verify using modern technology. They can affirm the presence of structural damage to the brain and can document certain symptoms that present in a medical environment. The injured person may also need to keep their own records of the various symptoms they experience. Bouts of dizziness, sudden memory issues, trouble sleeping and a variety of other symptoms are easier to prove when there are detailed records of the frequency and severity of those symptoms.
Ask doctors for support
People coping with chronic medical issues sometimes make the mistake of assuming that their doctors know their symptoms and have already offered every option available. Patients may want to check in with their physician at each appointment. Especially in cases where they develop new symptoms or their symptoms worsen, alerting a doctor to the progression of the condition can be important. Consistent notes in official medical records about symptoms can help people validate the severity of their injury and how it may impact their daily life or ability to work. Particularly in scenarios where insurance providers offer low initial settlement amounts or where litigation is necessary, evidence is crucial. Those with TBIs need robust documentation affirming the severity and frequency of their symptoms.
Gathering appropriate documentation can help those with serious injuries optimize their financial and medical recovery. Traumatic brain injuries can be very costly, especially if injured people fail to secure compensation from the party at fault for their injuries.]]>