Palillo LawPalillo Law2026-05-07T16:15:49Zhttps://www.palillolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104415/2019/01/cropped-site-icon-32x32.pngOn Behalf of Palillo Law<![CDATA[Did you suffer an injury in a public transit accident?]]>https://www.palillolaw.com/?p=594882022-07-25T11:26:18Z2021-01-27T15:00:23Zmonetary compensation from the MTA after a debilitating public transit accident.
Filing a Notice of Claim
Before filing a personal lawsuit against a government agency, you must submit an official Notice of Claim form within 90 days of the accident. This document must detail the circumstances surrounding the accident and provide comprehensive information about your resulting injuries. You should also include your name and address and the contact information for your lawyer.
Supporting an injury claim
The agency in question can request a hearing within 30 days of receiving the notice of claim. The hearing will determine whether you can move forward with the lawsuit. Without a hearing request, you can continue with your legal claim as long as you file the lawsuit within one year and 90 days of the injury date.
For a successful personal injury lawsuit, you must show that the transit authority failed to uphold its duty to keep passengers safe. You must also prove that this negligence directly caused your injury and the resulting costs, such as medical bills and lost wages.
Carefully following protocol is an important factor of any legal claim against a government agency. Doing so can increase the chances of a successful case.]]>On Behalf of Palillo Law<![CDATA[Blizzard of 2020 a reminder of the risks winter poses to NYC]]>https://www.palillolaw.com/?p=587372020-12-15T22:02:43Z2020-12-18T22:01:43Zowners are responsible for clearing snow and ice from residential and commercial properties, not the city. Porches, sidewalks and parking lots must be plowed. It also is illegal to shovel snow onto the street, bus stops or fire hydrants.
But unfortunately, pedestrians cannot always rely on others to stay safe. Especially when it is snowing sideways, the winds are howling and all you want to do is get somewhere warm and dry.
How can city residents stay safe?
Everyone knows about defensive driving. Well, the same principles apply to walkers and joggers. Keep your head on a swivel and focus on what your feet are doing to help avoid serious slip-and-fall injuries or colliding with a moving vehicle.
Here are more valuable tips about traversing New York streets during winter:
Dress for the part: Layers, a waterproof coat, plus a hat, gloves and sturdy boots for slushy puddles are non-negotiable when making fashion choices.
Stand out: Reflective clothes will help motorists and taxi drivers take notice while using a flashlight at night can illuminate black ice and potholes.
Look before you step: Pay attention to pedestrian signals, look both ways before crossing a street and do not assume a driver will stop for you.
Holster the smartphone: Texting or listening to music robs you of the visual, audio and cognitive senses that can signal.
Have a plan: Know in advance which direction you will be walking and whether the sidewalks and streets have been plowed.
It is always wise to stand back from intersections and street corners. Not only will it help you avoid slipping into whizzing traffic but give you more time and space to avoid getting splashed with dirty snow and slush.
Meanwhile, do not assume the danger ends with the snowfall. Melting and re-freezing can leave walkways slippery for days, weeks or months. Plunging icicles can become daggers for unsuspecting pedestrians.
A false sense of security
Only 4.8 inches of snow fell in Central Park last winter, the lowest amount since 2001-02. Usually, the city gets 26 inches of snow every season. This December blizzard should remind pedestrians not to be lulled into a false sense of security.
Slip-and-fall accidents are common causes of emergency room visits. Victims typically suffer head injuries, broken bones and cuts that can cause long-term pain and rob them of work and quality of life.
Talking to a personal injury attorney experienced in New York law may determine whether a property owner was negligent. A viable case may provide you or a loved one compensation for lost wages and suffering.
]]>On Behalf of Palillo Law<![CDATA[Can undocumented immigrants receive workers’ compensation?]]>https://www.palillolaw.com/?p=587222020-11-18T14:27:47Z2020-11-18T13:30:28ZWhat is the workers’ compensation system?
New York State operates under a “no-fault” workers’ compensation system. This means that, unless a worker deliberately causes the injury or is working while impaired by alcohol or drugs, the cause of the incident is not considered.
All for-profit (and most nonprofit) employers must carry workers’ compensation insurance that provides employees with workers’ compensation coverage. This pays for medical care for anyone injured on the job, as well as a portion of his or her weekly wages.
What documentation do you need to file for workers’ compensation?
When you file a claim, your employer cannot ask you for any documentation to accompany it. The only items you need to complete the C-3 claim form are:
Your name, mailing address and phone number
Employer name and address
Job title and responsibilities
Gross pay rate
Date and time of the injury
How the injury occurred
Nature of injury
While there is a place on the form for your Social Security number, you can leave that section blank. If your employer or its insurance company asks you to submit any additional documentation for your workers’ compensation claim, you have the right to decline the request.]]>On Behalf of Palillo Law<![CDATA[MVA-linked personal injuries an annual winter downside across NYC]]>https://www.palillolaw.com/?p=587162020-11-06T13:23:34Z2020-11-10T13:18:18Zmotor vehicle accidents and resulting personal injuries across New York City and surrounding areas. That source emphasizes that, “In the city that never sleeps, car and truck accidents happen at all hours of the day.”
Motor vehicle crashes and collisions of course occur across the metro throughout the year, even when the weather is warm, drivers’ visibility is unimpaired and roads are dry. The risks of accidents and injuries assume a special magnitude, though, when annual winter weather takes hold.
The obvious perils that attach to winter driving
Motorists who don’t annually adjust their behind-the wheel habits when winter conditions strike invariably add to crash-and-injury statistics.
Winter driving is just different – and more dangerous – for a host of reasons, including these:
Visibility that can become virtually nonexistent
Road slipperiness owing to snow, ice, sleet and rain
Adverse road conditions that haven’t yet been remedied by maintenance efforts
Imprudent driving behaviors
That last bullet point merits special mention, given that driver negligence is the predominant and often sole cause of negative behind-the-wheel outcomes in winter. Things that might luckily yield only close calls at other times of the year – speeding, tailgating, fiddling with a cellphone, playing with a child or pet or succumbing to some other distraction – can spawn deadly results in a mere second during winter months.
Pursuing a meaningful remedy following a winter accident
Individuals and families victimized by third-party negligence or other factors contributing to vehicle-linked personal injuries during winter or throughout the year are far from powerless to act. They can secure timely and knowledgeable input from a proven legal team that can help them pursue a meaningful remedy.
Such an outcome promotes post-accident accountability and can additionally secure maximum compensation that can be applied in the following areas:
To pay for medical expenses
To recoup lost wages
To cover the costs of required rehabilitation and therapy
To compensate for emotional pain and suffering
Motorists need to act with due caution during every moment they are engaged in traffic. When they drive in a reckless or negligent manner and injure others as a result, the legal system understandably holds them accountable and enables their victims to respond in a meaningful way.]]>On Behalf of Palillo Law<![CDATA[Four signs of a distracted driver]]>https://www.palillolaw.com/?p=586572020-10-01T21:45:41Z2020-10-05T21:45:30ZCell phones, food, and unruly passengers are all common distractions that can turn a safe driver into a reckless one. A distracted driver can cause catastrophic injuries for themselves and those around them. There is very little that someone can do to stop a driver from being distracted, but we can spot a reckless driver to avoid them.
Car accidents claim the lives of tens of thousands of people each year. By learning how to be a better defensive driver, we can all do our part in making the roads a safe place and save lives. Here are four common signs of a distracted driver to look out for:
Drifting
When a driver is not paying attention to the road for any reason, they may not correctly drive within their lane. Even if the reckless driver is holding on to the wheel, a car that does not drive straight can drift into another lane or off the road. What makes drifting especially dangerous is when a driver notices their mistake and overcorrects their action, as it can result in collisions with other vehicles.
Erratic speeds
Distractions can also cause a driver to not focus on the gas pedal, and they may relax the pressure on the pedal or begin to apply too much. Overcorrecting this behavior can result in a vehicle spinning out or slamming on the brakes and the car behind them colliding with them.
Wild gestures
If you notice a driver waving their arms or shaking their fist at another car, they may be experiencing road rage. Extreme anger can be blinding in a driver's eyes, and they can lose sight of what is around them in a fit of rage. Even vehicles immediately next to them can vanish when they are focused on the target of their anger.
Head down
Cellphones have become a dangerous distraction for drivers. One of the most telling signals that someone is on their phone while driving is that they are not facing forward. At night, you may also be able to spot the glow of a phone shining on their face. If a driver is not looking at the road, chances are they are not paying attention to it.
Keep an eye out for reckless drivers
When a driver allows themselves to get distracted, they are not looking out for the safety of themselves and everyone around them. If you suspect someone is distracting themselves, give yourself a considerable distance from them. Avoid speeding ahead of them, as it may startle them and cause them to overcorrect their mistake.]]>On Behalf of Palillo Law<![CDATA[What is causing the increase in pedestrian accidents?]]>https://www.palillolaw.com/?p=586502026-04-03T17:43:21Z2020-09-16T20:27:30Zdata is pointing to a different cause. Instead of the so-called “distracted pedestrian” phenomenon, the jump in pedestrian deaths is likely due to a multitude of factors.
What factors contribute to increased pedestrian fatalities?
Although drivers using phones likely play a role in this increase, other factors are also to blame. Cars are bigger and drivers are more likely to speed than ever before, making collisions more likely to result in serious injuries if the vehicle were to strike a pedestrian. Roads are getting wider which makes it more difficult for pedestrians to get across the street quickly.
What can be done to stop this trend?
Communities can advocate for change. Increased presence of crosswalks and median islands can provide pedestrians safe areas to cross and wait for traffic to pass. Police officers can enforce speed limits, better ensuring vehicles are less likely to speed where pedestrians are present, and victims can hold drivers accountable in the event of an accident. Using the legal system to better ensure accountability can provide two forces of change. First, the driver that violated the law and caused the accident is less likely to repeat the offense and second news of the lawsuit will deter others from making the same mistake.
]]>On Behalf of Palillo Law<![CDATA[How to stay safe while driving through construction]]>https://www.palillolaw.com/?p=586092020-08-07T13:19:12Z2020-08-07T12:00:50ZDisregarding standard safety measures in a construction area can quickly become fatal. To prevent catastrophic injuries or wrongful deaths, here are four tips on how to stay safe while driving through road construction:
Stay alert
There is no telling what may happen in a work zone. Construction debris falling onto the road, a worker stepping out from a hidden area, or a distracted driver can threaten your safety in an instant. Do not take for granted that everything is fine while driving through these areas.
Obey traffic signs
The reduced speed limits that are in place in these areas are for your benefit. At slower speeds, you have more time to react to sudden dangers like an unexpected bend on a familiar road or construction equipment falling onto the road.
Give other drivers more time
If you can avoid lane changes in a construction zone, do it. If you cannot prevent them, make sure you are giving those around you the proper time they need to recognize your lane changes. Make sure you use your signals and give at least eight seconds of signal time before executing your turn.
Stay defensive
Sudden braking happens all the time in construction zones. Put enough space between you and other drivers to make sure you have space to come to a stop safely, and to avoid rear-end collisions. Driving defensively will also allow you to react to reckless drivers safely.
Stay safe this summer
When you find yourself approaching a construction zone, remember to take some extra precautions to keep yourself safe and those around you. There is no telling what might happen there, so make sure you are prepared for anything.
]]>On Behalf of Palillo Law<![CDATA[Preventable causes of slip-and-falls]]>https://www.palillolaw.com/?p=583142025-07-03T09:28:32Z2020-06-09T08:00:39ZNursing Homes
Failure of a nursing home to properly restrain and monitor patients who are fall risks.
Wet surfaces
Spills can easily cause someone of any age to lose their footing and fall onto something that causes serious harm. Keeping floors and stairwells dry can prevent falls. If a spill takes additional time to dry, set up boundaries to prevent people from going into the wet area if possible, and use proper signage to alert others of the hazard ahead.
Icy or snowy pavement or sidewalks
As tedious as it may be to shovel snow and lay down salt on sidewalks, it is necessary to keep walkways safe. Ice can be especially hard to see at night, or when the snow has covered it, making it a more significant threat to anyone walking through the area.
Broken stairways or stairways with unsafe railings
Loose or broken steps on a stairway become a hidden trap for people walking on them. Handrails can also be dangerous when they are free, easily catch clothing or bags, or are not there. If you spot these possible threats, prevent anyone from using the staircase until you can repair it. If the stairway must be available, consider marking the hazards instead.
Unsecured carpet or rug
When carpeting or rugs have edges or corners that stand up, even a little, they can cause someone to trip. For some elders, any rug might be enough to rip them. Consider the types of people that may come through an area with this flooring. If the rug or carpet would be a threat, replace the decoration, or even removing them entirely.
Improper lighting accidents
Poor lighting can keep someone from spotting trip hazards before falling over them. If a light bulb needs replacing, do not wait to swap it out for one that provides necessary light. If the lighting in an area is dim, even with the lights fully functional, replace the lights with ones that can keep the area safe.
There are many ways in which a slip and fall can happen. Keep an eye out for ways that they can occur to avoid serious injury.
]]>On Behalf of Palillo Law<![CDATA[First wrongful death lawsuits filed over COVID-19 negligence]]>https://www.palillolaw.com/?p=582222020-05-12T21:40:24Z2020-05-14T20:56:39Zfamily member's death.
While there is still a lot we do not know about COVID-19, we do know that nursing homes and retail stores are among the most likely places for the disease to spread. The management of many long-term care facilities and big-box stores are now complying with state and local guidelines for preventing transmission. But especially early on in the pandemic, many of these businesses were not taking reasonable steps to protect their residents, staff and customers.
Two of the first COVID-19 wrongful death lawsuits
Recently, two wrongful death lawsuits were filed related to COVID-19 deaths. One case occurred in the Seattle metro area, one of the first hotspots in the U.S. for the disease. In fact, the nursing home where her mother was living is thought to be the first epicenter of the outbreak in this country. It is owned by Life Care Centers of America Inc., one of the largest nursing home companies in the U.S.
The plaintiff's mother died 24 hours after contracting COVID-19. A few days before, the facility says it learned for the first time that another resident had contracted the disease, but the plaintiff believes that administrators at the nursing home and Life Care Centers of America knew about it for longer than they admit. Her attorney notes that the outbreak at the facility occurred a month after COVID-19 first appeared in Washington state.
Meanwhile, the family of a longtime Walmart employee in suburban Chicago is suing the retail giant after the worker died of COVID-19 at age 51. That wrongful death suit says that management failed to inform the man that coworkers were showing symptoms or that "COVID-19 was present and active within the store." This failure to warn the man led to his contracting the illness and passing away, the family contends.
Family members will pursue their legal rights
These lawsuits are almost certainly just the beginning. With more than 27,000 deaths from COVID-19 in New York State so far, thousands of families will be looking for answers about how their loved ones were exposed to this deadly illness.]]>On Behalf of Palillo Law<![CDATA[Bike accidents increase 43 percent amid COVID-19 pandemic]]>https://www.palillolaw.com/?p=581082025-07-03T09:27:40Z2020-04-03T19:53:23Zth, the New York Police Department (NYPD) reported 80 bike accidents.
Bike accidents are up, car accidents are down
NYPD statistics show that bike accidents were up 43 percent between March 9 to March 15th from last year. Of these, 90 percent of the crashes involved driver error.
This spike in bike accidents coincides with a steep decrease in car accidents. With New York’s shelter-in-place order in full effect, fewer cars have been on the road as NYC residents abstain from non-essential travel. Motor vehicle accidents are down 33.1 percent from last year.
Food delivery workers
Many of the city’s bikers are food delivery workers. Along with the spread of the virus, numerous businesses have suffered and employees have experienced layoffs. Some interviewed delivery workers reported that deliveries for Grub Hub, Uber Eats, etc have recently become their sole form of income. Other newly unemployed New Yorkers are also becoming delivery workers for the first time as they search for ways to pay rent.
Some delivery workers anticipate an uptick in deliveries as New Yorkers tire of home cooking and begin to crave restaurant-prepared meals. If the delivery trend takes offs, we could see even more bikers on the road and perhaps even more injuries.
Could bicycle safety improve?
Some bicycle safety advocates are asking the city to create temporary shielded bike lanes. However, this measure may just remain an unfounded hope for bicycle enthusiasts as the city focuses its resources on fighting the virus.
If nothing else, hopefully this spike in accidents can shed light on the vulnerability of NYC bikers, and increase awareness of the need for bike lanes and other safety measures that could protect the bikers’ well-being.]]>