Tuesday, 15 January 2019

New York City Construction Industry 2018 was the most dangerous year in nearly a decade

New York Construction Accident Lawyer Representing Injured Workers

Construction industry is filled with numerous risks and potential hazards, especially in New York City. While construction accidents happen all the time, statistics collected by the New York City over the past decade have shown that 2018 saw more reported construction related injuries of any year following the post-recession building boom.


Key findings about construction accidents in 2018, according to statistics and an article from Crain’s New York:


  • Through October 2018, the last month of available data, construction accidents and injuries already outpaced year-end numbers recorded in 2017 (650 for both).
  • The number of construction accidents in New York City has increased each year since 2014, when the city’s building boom began to gain steam.
  • As of November 21, when a construction worker was crushed to death at a worksite in Brooklyn, the number of construction fatalities in NYC was 12 – which is equal to the number of construction fatalities recorded in each of the previous three full years.
  • When tracked using different criteria set by the Occupational Safety and Health Administration (OSHA), the number of construction injuries and deaths in the city is even greater.
Though experts state increases in construction work and incident reporting may contribute to the higher numbers, the data – which comprise only a fraction of the 2018 year – is alarming. That’s especially true given the efforts of City officials who have adopted a number of measures designed to protect construction workers and reduce accidents, injuries, and deaths on worksites.

These measures include improve oversight of project safety, higher fines for employers and others who violate workplace safety standards, and a new law requiring a minimum of 40 hours of safety training for all workers. The rise in construction site accidents despite these efforts suggests employers may not be doing enough to protect workers from construction accidents.

”Your Rights As A Construction Worker In New York”


How Do I Find Construction Accident Lawyer in New York?

Just as you wouldn’t call an electrician to fix your plumbing, you need to be sure that any lawyer you call is experienced in handling construction accident cases. Even the smallest missed detail in your case could result in you going without the financial compensation and benefits you and your family deserve. Our team of New York Construction Accident Attorneys of The Rybak Firm, PLLC., have the experience and knowledge to help you get the maximum compensation under the law. Call Now For A Free Consultation (718)569-7040 Available 24/7 or Contact Us online and we’ll respond as soon as possible.
How Much Is My Personal Injury Case Worth?

How Much Is My Personal Injury Case Worth?

Perhaps the most difficult question to answer about an accident that results in a personal injury is, “What is my case/claim worth?” That’s not the first question—not even close. First you ask whether you and your loved ones are going to be all right, whether all of you will fully recover, and whether this accident will affect you for the rest of your life.

Once those questions are answered, though—and satisfactorily, one hopes—practical considerations arise. You have suffered damages, both to you personally  (and property, in the case of an car accident). You require medical care, your car needs repair—or even replacement. What are these damages worth?

‘Personal Injury Case Worth. Want to know what matters?’




In New York, a No-Fault State, you usually are seeking reimbursement from your own insurance company. Not always, of course—there are exceptions. But for most cases, you are pursuing a post-accident claim against your own insurance company.

In any accident claim, remember several things. First, if police reports or the circumstances of the accident indicate the other driver was at fault, you might pursue a claim against the other driver’s insurance policy—even in no-fault New York, provided you meet certain requirements. That alone probably requires that you have a personal injury attorney to help determine the value of your claim. ‘Personal Injury Case Worth. Want to know what matters?’

Do I need A Personal Injury Lawyer?

Even if you are pursuing a claim against your own insurance policy, though, you could have a difficult time determining what that claim is worth. Certainly, online sources purport to help you calculate the worth of your claim, such as this site or this one. Online claim-valuation sites, however, cannot deal with some important factors in real time. Payments for accidents are losses for insurance companies, so insurance companies try to minimize payouts. No matter what your circumstances, the insurer’s goal will be to minimize its losses. The claims adjuster is an experienced negotiator. You are not.

The value of your personal injury claim is intrinsically tied to your past, present, and future medical bills. Other losses may also factor into the total, including out-of-pocket expenses and lost income. Calculating the total amount of your losses is difficult and frequently requires putting a dollar price on things that have no clear monetary value, including pain, suffering, and emotional distress. You will doubtless believe that your claim is worth far more than the insurance company’s offer. Their job is to pay you as little as possible. Yours is to get what you deserve.  ‘Should I Accept An Insurance Settlement Offer ?‘

If You Suffer a Personal Injury in New York City, Call The Rybak Firm, PLLC, Today to Discuss Your Options
If you are injured in an accident including but not limited to Construction Accident, Slip and Fall, Car Accident, Medical Malpractice in New York City, explore your compensation options. You need an advice of an experienced personal injury lawyer to determine your claim’s worth. Take advantage of a free case evaluation to determine if an injury attorney can help maximize your compensation for your injuries. The accident attorneys of The Rybak Firm, PLLC, can help. Contact Us 24/7  (718) 569-7040 or through our online contact form.

Personal Injury Lawyer Near Me

Our offices are located in Brooklyn, New York. However, we serve clients throughout the whole New York City Metro Area and represent clients in every borough of New York City. If an injury prevents you from meeting at our offices, our personal injury attorneys may travel to meet with you. We also provide free transportation to and from our offices.

Our office address is at:

1810 Voorhies Avenue, Ste #7
Brooklyn, NY 11235
4 Seasons Of Personal Injury

Personal Injury Lawyer Serving Injured Victims Of Negligence

One of the greatest things about New York is the changing of the seasons. As the temperatures and weather patterns change during the year, so will the activities in which you participate. Also changing are the risks of certain types of accidents and injuries. While some accidents can happen at any point during the year, certain hazards may present greater risks during different seasons.



What Are Common Accidents In The Fall?

With the weather getting cooler, many people want to get outside and enjoy the crispness in the air. This means playing sports, riding bicycles, or simply walking more places instead of hopping in cabs. Pedestrians and bicyclists are more exposed to injuries in the event of a crash and can experience serious losses as a result. Fall also brings the start of school for many young New Yorkers, exposing them to potential school bus accidents, playground injuries, and more.

What Are Common Accidents In The Winter?

With winter comes the holiday season— as well as snow and ice. Winter weather can wreak havoc on the roads in New York, making traffic even more treacherous than it already is, so the number of traffic and pedestrian accidents can increase. In addition, the holiday season comes with its own risks, including slip and fall accidents while shopping in overcrowded stores or getting hit by drunk drivers on their ways home from holiday celebrations.

What Are Common Accidents In The Spring?

Everyone wants to experience springtime in New York, so the number of visitors and tourists often increases. People who are unfamiliar with our city often make mistakes when crossing the street or driving, which can result in serious accidents and injuries. Cases resulting from visitor-related accidents can be complicated depending on the circumstances. In addition, many families may take vacations for spring break and can be involved in accidents involving:


  • Planes
  • Road trips
  • Hotels or resorts
  • Water-related activities


What Are Common Accidents In The Summer?

New York heats up in the summer, and the pool is a popular destination. Whether you go to a private or public swimming pool, owners have the duty to keep the pool and surrounding areas in safe conditions and in compliance with all applicable state and federal safety requirements. If a swimming pool area contains dangerous hazards or conditions, visitors can incur serious injuries and may even drown. Boating accidents are also a concern in the summertime in New York, because boat operators may be distracted or drunk and may cause serious accidents and injuries as a result.

If You Were Injured In An Accident Contact Personal Injury Lawyer Today For A Free Consultation
No matter what time of year your accident occurs, discuss your rights with an experienced team of Personal Injury Attorneys . The Rybak Firm, PLLC is familiar with the many types of accidents and injuries that occur in and around New York City and can help determine the best possible method of financial recovery in your case.

Schedule a free consultation to discuss your accident and injuries by calling our firm at (718) 569-7040 or contact us online as soon as possible. We Are Available 24/7

Personal Injury Lawyer Near Me

Our offices are located in Brooklyn, NY. We serve the entire NYC Metro Area and represent clients in every borough of New York City. Our Personal Injury Attorneys are able to travel to you if you are unable to meet due to an injury. We also provide free transportation to and from our offices.

Our office address is:

1810 Voorhies Ave

Suite #7

Brooklyn, NY 11235

Tuesday, 1 January 2019

4 Common Mistakes to Avoid After a Motorcycle Accident
Although the dangers of riding are obvious even to those who have never hopped on a hog, some of the most seasoned motorcyclists are unaware of the steps they should take in the event of a collision. Since catastrophic injuries are likely in motorcycle accidents, all riders should know what to do in the aftermath of a crash. Otherwise, they risk jeopardizing their chances of recovering compensation from those liable for their damages.

If you ride, it is also wise to familiarize yourself with some of the most common mistakes people make following wrecks. When your financial security is at stake, knowing what not to do is just as important as knowing how to proceed. Here are a few critical missteps to avoid after a collision:

Admitting Fault

Never apologize, accept responsibility, or admit fault at the scene. Although Minnesota motorists must file claims under their own no-fault insurance coverage, liability can play a role in certain scenarios.

For example, if a driver or passenger sustains an injury resulting in disfigurement, disability for at least 60 days, or the permanent limitation of an organ, system, or function, he or she can bypass the no-fault system and sue the at-fault driver for damages. There are different guidelines for motorcyclists, though, so it is wise to seek legal counsel following a wreck.

Despite the state’s no-fault system, riders do not have to purchase such coverage in Minnesota. Therefore, unless you bought an optional policy, suing the liable driver may be your only option for pursuing compensation. Naturally, this will be more difficult if you admit fault at the scene.

Postponing Medical Care

Failing to visit a doctor right away will threaten both your health and your subsequent personal injury claim. Postponing treatment increases the chances of suffering serious complications. It also provides the defendant with the opportunity to argue you are at least partially liable for the severity of your injuries because you put off visiting a doctor. 

Talking to the Insurance Adjuster

Insurance adjusters are skilled negotiators who enter every interaction with an agenda. It is in your best interests to avoid talking to them at all. Let your personal injury lawyer handle all interactions with the insurance adjuster so you do not feel pressured to provide a recorded statement. 

Failing to Document Everything

Building a strong motorcycle accident claim begins at the scene. That means photographing the wreck from all angles and obtaining the names and contact information of any eyewitnesses.

Upon leaving the area, it’s up to you to document the damages. Photograph visible wounds from day one, and write about your injuries and emotional trauma in a daily journal. Additionally, save all records, receipts, and invoices for expenses you incur related to the accident.

Call 800-770-7008 to Speak with a Motorcycle Accident Attorney in Minneapolis

If you were hurt in a wreck while riding, turn to Bradshaw & Bryant. Our motorcycle accident lawyers will help you gather the evidence needed to prove liability and damages. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a personal injury attorney in Minneapolis.



Mike Bryant
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer"  multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota  "Super Lawyers" four times.

Thursday, 20 December 2018

How Car Insurance Companies Value Cars
When your vehicle is totaled in an auto accident, your insurance company pays you for the car's value – or, more accurately, it pays you for what it claims the value to be. You can put this money toward the amount you still owe on the totaled car, or you can use it to purchase a new vehicle. Nearly everyone who has been through this process can attest that the most frustrating part is accepting the auto insurance company's assessment of your car's value. Almost invariably, the estimate comes in much lower than you anticipated, and the amount you receive is not enough to purchase an apples-to-apples replacement. For many drivers, it is not even enough to cover what they still owe on the car.



Confounding the issue is the fact most car insurance customers are clueless as to the methodology used by insurance companies to value cars. The valuation methods of car insurers are esoteric, relying on abstract data, the specifics of which they are careful not to reveal. This information asymmetry makes it difficult for a consumer to challenge a low-ball offer from a car insurance company. However, simply knowing the basics of how insurance companies value cars and the terminology they use can bring you to a more auspicious place from which to negotiate.


The Car Insurance Valuation Process

When you report a car accident to your insurance company, the company sends an adjuster to assess the damage. The adjuster's first order of business is determining whether to classify the vehicle as totaled. An insurance company may consider the car to be totaled even if it can be fixed. Generally speaking, the company totals a car if the cost to repair it exceeds a certain percentage, usually 60 to 70%, of its value.


Assuming the vehicle is totaled, the adjuster then conducts an appraisal and assigns a value to the vehicle. The damage from the accident is not considered in the appraisal. What the adjuster seeks to estimate is what a reasonable cash offer for the vehicle would have been immediately before the accident took place.

Next, the insurance company enlists a third-party appraiser to issue its own estimate on the vehicle. This is done to minimize any appearance of impropriety or underhandedness and to subject the vehicle to a different valuation methodology. The company considers its own appraisal and that of the third party when making its offer to you.

Actual Cash Value Versus Replacement Cost

A huge distinction exists between the value of your car as determined by the insurance company and the amount it actually costs to purchase a suitable replacement. The insurance company bases its offer on the actual cash value (ACV). This is the amount that the company determines someone would reasonably pay for the car, assuming the accident did not happen. Therefore, the value takes into consideration depreciation, wear and tear, mechanical problems, cosmetic blemishes, and supply and demand in your local area.

Even if you purchased a car new and only drove it a year before the accident, its ACV will be significantly lower than what you paid for it. Simply driving a new car off the lot depreciates it as much as 20%, and the insurance company dings you further for everything from the miles on the odometer to the soda stains on the upholstery accumulated during that year.

The amount of the ACV offer is also going to be less than the replacement cost – the amount it costs you to purchase a new vehicle similar to the one you wrecked. Unless you are willing to supplement the insurance payment with your own funds, your next car is going to be a step down from your old one.

A solution to this problem is purchasing car insurance that pays replacement cost. This type of policy uses the same methodology to total a vehicle, but after that, it pays you the current market rate for a new car in the same class as your wrecked car. The monthly premiums for replacement cost insurance can be significantly higher than for traditional car insurance.

Other Challenges

Not being able to afford a comparable car with the money from your insurance company after an accident is exceedingly frustrating. That being said, there is another potential situation that can compound the stress of an auto accident even further.

Often, the amount an insurance company offers for a totaled car is not even sufficient to cover what is owed on the wrecked car. This may occur if you wreck a new car shortly after buying it. The vehicle has taken its big initial depreciation hit, but you have barely had time to pay down your loan balance. This can also occur if you have taken advantage of a special financing offer that minimized or eliminated your down payment. While these programs certainly keep you from having to part with a large chunk of cash to buy a car, they almost guarantee that you drive off the lot with negative equity. This becomes a problem if you total the car before restoring a positive equity position.

When your insurance check cannot pay off your car loan in full, the amount that remains is known as a deficiency balance. Because this is considered unsecured debt – the collateral that formerly secured it is now destroyed – the lender is especially aggressive about collecting it.

Like the replacement cost issue, this problem has a solution. Add gap insurance to your car insurance policy to ensure that you never have to deal with a remaining balance on a totaled car. This coverage pays for the cash value of your car as determined by the insurance company and pays for any deficiency balance left over after you apply the proceeds to your loan. Gap coverage, like replacement cost coverage, adds to your insurance premium. You should consider, however, that if you fall into one of the above scenarios, it could make a deficiency balance more likely in the case of an accident.
How Much Life Insurance Do I Need ?
Very few people enjoy thinking about the inevitability of death. Fewer yet take pleasure in the possibility of an accidental or early death. If there are people who depend on you and your income, however, it is one of those unpleasant things you have to consider. In this article, we'll approach the topic of life insurance in two ways: First we'll point out some of the misconceptions, then we'll look at how to evaluate how much and what type of life insurance you need.


Does Everyone Need Life Insurance?

Buying life insurance doesn't make sense for everyone. If you have no dependents and enough assets to cover your debts and the cost of dying (funeral, estate lawyer's fees, etc.), then it is an unnecessary cost for you. If you do have dependents and you have enough assets to provide for them after your death (investments, trusts, etc.), you still do not need life insurance.

However, if you have dependents (especially if you are the primary provider) or significant debts that outweigh your assets, you likely will need insurance to ensure your dependents are looked after if something happens to you.

Insurance and Age

One of the biggest myths aggressive life insurance agents perpetuate is "insurance is harder to qualify for as you age, so you better get it while you are young." To put it bluntly, insurance companies make money by betting on how long you will live. When you are young, your premiums will be relatively cheap. If you die suddenly and the company has to pay out, you were a bad bet. Fortunately, many young people survive to old age, paying higher and higher premiums as they age (the increased risk of them dying makes the odds less attractive).

Insurance is cheaper when you are young, but it is no easier to qualify for. The simple fact is insurance companies will want higher premiums to cover the odds on older people, but it is a very rare that an insurance company will refuse coverage to someone who is willing to pay the premiums for their risk category. That said, get insurance if you need it and when you need it. Do not get insurance because you are scared of not qualifying later in life. (For related reading, see: How old should you be to get life insurance?)

Is Life Insurance an Investment?

Many people see life insurance as an investment, but when compared to other investment vehicles, referring to insurance as an investment simply doesn't make sense. Certain types of life insurance are touted as vehicles for saving or investing money for retirement, commonly called cash-value policies. These are insurance policies in which you build up a pool of capital that gains interest. This interest accrues because the insurance company is investing that money for their benefit, much like banks, and are paying you a percentage for the use of your money.


However, if you were to take the money from the forced savings program and invest it in an index fund, you would likely see much better returns. For people who lack the discipline to invest regularly, a cash-value insurance policy may be beneficial. A disciplined investor, on the other hand, has no need for scraps from an insurance company's table. (For related reading, see: Is Life Insurance a Smart Investment?)

Cash Value vs. Term

Insurance companies love cash-value policies and promote them heavily by giving commissions to agents who sell these policies. If you try to surrender the policy (demand your savings portion back and cancel the insurance), an insurance company will often suggest that you take a loan from your own savings to continue paying the premiums. Although this may seem like a simple solution, keep in mind that if the loan is not paid off by the time of your death, it will be subtracted from the death benefit.

Term insurance is insurance pure and simple. You buy a policy that pays out a set amount if you die during the period to which the policy applies. If you don't die, you get nothing (don't be disappointed, you are alive after all). The purpose of this insurance is to hold you over until you can become self-insured by your assets. Unfortunately, not all term insurance is equally desirable. Regardless of the specifics of a person's situation (lifestyle, income, debts), most people are best served by renewable and convertible term insurance policies. They offer just as much coverage, are cheaper than cash-value policies, and, with the advent of internet comparisons driving down premiums for comparable policies, you can purchase them at competitive rates.

The renewable clause in a term life insurance policy allows you to renew your policy at a set rate without undergoing a medical exam. This means if an insured person is diagnosed with a fatal disease just as the term runs out, he or she will be able to renew the policy at a competitive rate despite the fact the insurance company is certain to have to pay a death benefit at some point.

The convertible insurance policy provides the option to change the face value of the policy into a cash-value policy offered by the insurer in case you reach 65 years of age and are not financially secure enough to go without insurance. Even if you are planning on having enough retirement income, it is better to be safe, and the premium is usually quite inexpensive.

Evaluating Your Insurance Needs

A large part of choosing a life insurance policy is determining how much money your dependents will need. Choosing the face value (the amount your policy pays if you die) depends on:


  • How much debt you have. All of your debts must be paid off in full, including car loans, mortgages, credit cards, loans, etc. If you have a $200,000 mortgage and a $4,000 car loan, you need at least $204,000 in your policy to cover your debts (and possibly a little more to take care of the interest as well).
  • Income replacement. One of the biggest factors for life insurance is for income replacement. If you are the only provider for your dependents and you bring in $40,000 a year, you will need a policy payout that is large enough to replace your income plus a little extra to guard against inflation. To err on the safe side, assume that the lump sum payout of your policy is invested at 8% (if you do not trust your dependents to invest, you can appoint a trustee or select a financial planner and calculate his or her cost as part of the payout). Just to replace your income, you will need a $500,000 policy. This is not a set rule, but adding your yearly income back into the policy (500,000 + 40,000 = 540,000 in this case) is a fairly good guard against inflation. Once you determine the required face value of your insurance policy, you can start shopping around. There are many online insurance estimators that can help you determine how much insurance you will need.
  • Insuring others. Obviously there are other people in your life who are important to you and you may wonder if you should insure them. As a rule, you should only insure people whose death would mean a financial loss to you. The death of a child, while emotionally devastating, does not constitute a financial loss because children cost money to raise. The death of an income-earning spouse, however, does create a situation with both emotional and financial losses. In that case, follow the income replacement calculation we went through earlier with his or her income. This also goes for any business partners with which you have a financial relationship (for example, shared responsibility for mortgage payments on a co-owned property).

Other Ways to Calculate Your Needs

Most insurance companies say a reasonable amount for life insurance is six to 10 times the amount of annual salary. Another way of calculating the amount of life insurance needed is to multiply your annual salary by the number of years left until retirement. For example, if a 40-year-old man currently makes $20,000 a year, under this approach, the man will need $500,000 (25 years x $20,000) in life insurance.

The standard of living method is based on the amount of money the survivors would need to maintain their standard of living if the insured died. You take that amount and multiply it by 20. The thought process here is the survivors can take a 5% withdrawal from the death benefit each year (which is equivalent to the standard of living amount) while investing the death benefit principal and earning 5% or better.

Alternatives to Life Insurance

If you are getting life insurance purely to cover debts and have no dependents, there is another way to go about it. Lending institutions have seen the profits of insurance companies and are getting in on the act. Credit card companies and banks offer insurance deductibles on your outstanding balances. Often this amounts to a few dollars a month and in the case of your death, the policy will pay that particular debt in full. If you opt for this coverage from a lending institution, make sure to subtract that debt from any calculations you are making for life insurance—being doubly insured is a needless cost.

The Bottom Line

If you need life insurance, it is important to know how much and what kind you need. Although generally renewable term insurance is sufficient for most people, you have to look at your own situation. If you choose to buy insurance through an agent, decide on what you'll need beforehand to avoid getting stuck with inadequate coverage or expensive coverage you don't need. As with investing, educating yourself is essential to making the right choice. (For related reading, see: Is Your Employer-Provided Life Insurance Enough?)

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