Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the nyc.gov site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

Premises Liability Accidents

Slip and fall and trip and fall accidents.   

Premises accidents are very common in New York and each year countless people are injured because of dangerous and defective conditions on or about properties within New York. Whether it involves someone tripping and falling or slipping and falling as a result of a dangerous, defective condition, such incidents can cause serious, permanent injuries including fractures, injuries requiring surgery and traumatic brain injuries (TBI). 

Some examples of premises accidents are; 

As we head into the winter season, the weather conditions get colder, the snow and ice arrive and with that bring its own problems for pedestrians here in New York. Each year in New York, we experience a number of snowstorms and each storm leaves dangerous, slippery and icy conditions on the sidewalks in New York City that, when not cleaned up or not cleaned up correctly can leave the area dangerous for pedestrians to walk across. 

We often have clients who come to us after tripping and falling over a sidewalk flag that is mis-levelled, cracked or in disrepair in front of commercial premises and this defect caused their accident and subsequent serious injuries. 

 Injury caused to a person by a dangerous condition on or within a property that has been left unrepaired.  

Since we founded our firm at the Law Offices of Darren T Moore, our New York City premises liability lawyers have been fighting to protect the rights of people injured, in all types of premises accidents including, slip and fall and/or a trip and fall accidents. If you’ve been injured due to an unsafe, neglected or dangerous condition on a property or in front of a property for example on a sidewalk, you need to consult the premises liability attorneys at the Law Offices of Darren T Moore.  

Business owners, lessees and owners of commercial premises have a duty to the people who are lawfully present within their premises to maintain their property in a reasonably safe condition. Private property owners may also be held legally responsible for personal injuries, which occur on their premises or property.  

Even though premises liability accidents cases may seem straightforward, New York law favours the premises owner when it comes to these accidents and just because someone trips and/or slips and falls in a premises accident and is injured, doesn’t necessarily mean they are entitled to compensation. The injured person must prove that the property owner (i) caused or created the dangerous defective unsafe condition or (ii) that they actually knew about the condition or (iii) that the condition was present for a long enough time period for the owner to become aware of it.  

Those are the essential facts that must be proven in a premises accident liability case. For those reasons, you must consult a premises liability attorney familiar with the laws related to premises liability cases and a premises liability attorney familiar with dealing with slip and fall and/or trip and fall accidents. If you hire an attorney, that attorney will usually investigate the accident, which may include an inspection of the premises and condition that caused the accident, sending an investigator to get pictures and measurements of the condition or defect and securing all available evidence as quickly and as promptly as possible. Your premises liability attorney may also consultant and retain experts such as engineers or architects to inspect and provide expert opinion for your case. 

New York premises liability attorneys at the Law Offices of Darren T Moore promise to aggressively fight and help you and your family obtain “Moore Justice” for your injuries. If you have been injured due to the negligence of another, please contact our firm to discuss your case.

Our Motto is “MOORE JUSTICE” and we seek that in every case retained by our firm.

Call us today at (917)809-7014 for a free consultation.

Five Facts To Know About Traumatic Brain Injuries

Traumatic brain injuries (TBIs), unfortunately, remain extremely common in the United States and throughout the world. According to the (“CDC”) Center for Disease Control, there were roughly 288,000 hospitalizations tied to TBIs in the U.S. in 2014, many of them due to vehicle crashes and falls (mostly the latter). In total, there were 2.5 million TBI-related Emergency Department visits that year. The Brain Injury Association of America also recently estimated that at least 5.3 million Americans live with a TBI-related disability. The association listed electric shock, infectious diseases, strokes, toxic exposure, and tumours as other common causes of brain injuries.

Moderate and severe TBIs can result in loss of consciousness. A TBI is simply a brain injury irrespective of how mild, moderate or severe. It can range from a bang or shake of the head to striking your head off the ground or being hit by an object. It can be defined as a mild, moderate or severe TBI depending on the initial severity but irrespective of the initial diagnosis, it’s the residual effects and the problems that it brings that will ultimately decide how mild, moderate or severe that the injury is. Because the brain is our body’s computer and is such a complex organ, diagnostic testing such as MRI’s and CT scans, although much more advanced are still not definitive in identifying the extent or even the origin of the brain injury. In a lot of cases, it’s the people closest to the brain-injured person who can put the jigsaw puzzle pieces together when it comes to identifying if someone has had a brain injury and whether it’s permanent. No matter who it is that has suffered a traumatic brain injury, it’s important to know all the fundamental facts related to this type of sometimes fatal injury, including what to do if you believe you sustained such injury due to someone else’s negligence. Don’t ever be misled by false information, as this type of injury can affect many people and entities around you, such as family, friends and healthcare providers.

What are some of the incidents of brain injury that we deal with in personal injury cases?

⦁ Slip and falls on sidewalks
⦁ Trip and falls over misleveled sidewalk flags or because of debris
⦁ Falling objects
⦁ Violent shaking or jerking of one’s head in a car accident – whiplash
⦁ Falling on construction sites from scaffolds or ladders
⦁ Falling through a hole on a construction site
⦁ Electric shock
⦁ Medical malpractice
⦁ Pedestrian knockdowns
⦁ Motorcycle accidents
⦁ Bike accidents
⦁ Truck accidents

March 2020 is Brain Injury Awareness Month, so we have put together five facts to know about TBIs:

⦁ Senior Citizens Are Highly Susceptible

Along with children between the ages of 0 and 4 and teenagers between the ages of 15 and 19, people aged 65 and older are at the highest risk of sustaining TBIs. Therefore, if you are an adult in the latter category, be sure to wear shoes with non-slippery soles and hold on to objects near you like handrails for support. If you believe you need someone to assist you to walk, this can also be a sound precaution.

⦁ Men Are More Likely To Have TBIs

According to some CDC research, men are (sometimes) nearly twice as likely as women to suffer from TBIs. One study revealed that between 2007 and 2013, men held higher age-adjusted rates of TBI-related hospitalizations and deaths (959 per 100,000) than women (810.8 per 100,000).

⦁ Wearing A Seatbelt Can Help

Many studies have shown wearing a seatbelt while driving (and a helmet in the case of motorcycles) can significantly help reduce the probability that a TBI occurs. Never neglect this basic safety measure.

⦁ TBIs Impact Reasoning And Emotions

The frontal lobes are the areas of the brain most commonly affected when a TBI happens. These lobes regulate both reasoning and emotional control. This means memory, language, social behavior, and even sexual capabilities can be impacted. Since impulse control is also affected, TBI victims can lash out at others unexpectedly.

⦁ Multiple Concussions Are More Severe

Although the consequences of a TBI should never be understated, sustaining several concussions is much more lethal. These types of incidents are especially common in high-contact sports like football, in which concussions can lead to severe, long-term brain trauma. The CDC has estimated that up to 3.8 million sports-related concussions happen in the U.S. every year.

What To Do After Sustaining A TBI

If you have been involved in an accident that injured your head, you should seek medical treatment immediately. You should go to the emergency room and you will likely undergo an X-ray or CT scan immediately to identify any brain bleeds, cranial change or any noticeable structural problem with the brain. However, this is not enough to diagnose a brain injury, as these types of procedures only typically reveal fractures and bleeding.

You should have a family friend or loved one close by at all times in the days following a TBI just so they can monitor your condition and take care of you.

You should also seek the opinion and advice of friends and family over the following weeks and months as much as possible so that they can give you their opinion as to whether or not you exhibit any irregular behavior patterns, such as slurred speech, unusually high forgetfulness or fits of anger and violence. These can sometimes be among the signs and symptoms of a brain injury and although it may be difficult to request such opinions, it’s in a brain-injured person’s best interests to do so early on so that you can identify the issues and seek the treatment necessary to enable recovery.

It’s important to follow up with your PCP or seek a referral to a neurologist if you believe you have suffered a brain injury. A neurologist can examine you, conduct a number of tests and recommend a course of treatment and testing which may include the new 3T DTI MRI, an EEG and possibly a referral to a neuro-psychologist and cognitive therapist.

If you or a loved one have suffered a brain injury because of the negligence of someone or some entity, you need to consult with a brain injury attorney. An experienced brain injury attorney in New York should also be able to help you determine whether you have a viable claim for a lawsuit against someone who caused you such harm for any reason. The Law Offices of Darren T. Moore P.C. are dedicated to securing “MOORE JUSTICE” for all clients. The brain injury attorney’s at the Law Offices of Darren T Moore PC are dedicated to protecting and fighting for the rights of brain injured people. If you or a loved one have suffered a brain injury you may be entitled to compensation and if so the brain injury attorney’s at the Law Offices of Darren T Moore PC can fight for MOORE JUSTICE and compensation for you for:

⦁ Physical pain and suffering
⦁ Loss of income due to disability
⦁ Medical expenses (including future)
⦁ Rehabilitation expenses
⦁ Occupational therapy
⦁ Loss of consortium claim for a spouse

Call the Law Offices of Darren T. Moore P.C. today at (917) 809-7014 or contact us online at https://www.injurylawatty.com/practice-area/brain-injury-lawyer-new-york/ for more information about our services.

Injured as a Result of a Slip and Fall Accident? Snow and Ice case?

Premises accident lawyer New York

The winter months of each year in New York usually bring bone-chilling cold temperatures, numerous heavy downpours, and sporadic snowstorms. It’s nature and it’s a part of life, but with these weather conditions also comes dangerous conditions on roads and on foot. According to the CDC, more than a million people in the United States will visit the emergency room as a result of a slip and fall accident. You only need to walk into the local emergency rooms the days following any snowstorm, big or small, and you will be sure to encounter numerous people who have slipped and fallen on slippery sidewalks and icy conditions. The slippery and icy conditions can be an attraction for the young kids who can venture out with their sleds or go to the nearby ice rink, but for adults, these treacherous conditions pose many problems and dangers.

Deaths as a result of slip and fall accidents account for about 17,000 people each year. The scary reality is that these accidents can happen, no matter how cautious you are. A walk along a slippery and dangerous sidewalk can easily result in a fall and when you fall, it’s usually concrete, a subway grate or a cellar door that you fall on. A bang to the head can cause a traumatic brain injury and injury to any other body part can cause a fracture, spinal injury or torn ligaments. The effects of any of those injuries can be permanent, debilitating, and disabling.

If you’ve recently been injured as a result of a slip and fall accident on a sidewalk, then you should reach out to an experienced and knowledgeable  personal injury attorney in New York and you should contact the trusted New York slip and fall accident attorneys at the Law Offices of Darren T. Moore PC Our experienced personal injury attorneys have dealt with numerous slip and fall cases and are here to help you with your case.

What can cause a slip and fall accident?

  • Slippery sidewalk caused by a broken downspout or broken drain
  • A build-up of ice and snow on the sidewalk
  • Improperly shoveled snow and ice from the sidewalk

Who is Held Accountable for Injuries From a Slip and Fall Accident on a sidewalk in New York?

New York City Administrative Code section 7-210  is the section that applies and that is also commonly known as the New York City Sidewalk Law. The code applies to all accidents that have occurred since September 14, 2003, and it was enacted in order to shift responsibility for the condition of the sidewalks from the City of New York and onto the real property owners. The exception to that shift in liability is when the real property owner is a 1, 2 or 3-family home that is in whole or in part owner-occupied. In that situation, the liability provision does not shift to the owner.

The code states in part:

A It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.

B Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner-occupied, and (ii) used exclusively for residential purposes.”

This code, therefore, puts the responsibility for the condition of the sidewalks and area surrounding property within New York city on the property owner, with the exception of 1, 2 and 3-family homes.

It is, therefore, a property owner’s responsibility to make sure that their property is in a “reasonably” safe condition for guests, patrons, visitors, and everyday pedestrians. This includes in front of and around their premises, for example, the sidewalk around the premises and even car parks attached to the premises. If there is any dangerous condition and they have either actual or constructive notice and/or they caused and created the condition and that dangerous condition causes injury, they can be held liable.

Now, the words “actual notice”, “constructive notice” and “cause and create” are legal terms that in essence mean that; (i) they, meaning the owner, knew about the dangerous condition = “actual notice”; (ii) the condition existed long enough that even if the owner didn’t know about the condition, they should have known about it = “constructive” and (iii) Defendants by their actions or failure to take action, caused the condition complained of = “cause and create.”

If the property owner fails to correct, repair or remedy a dangerous condition that they know of, should know of or that they caused and that condition causes injury, then they will be held responsible for someone’s injuries as a result of a slip and fall incident.

What about snow and ice on the sidewalk?

Injury from slipping on snow and ice as stated above can be debilitating and even life-threatening. Snow and ice accidents on a New York City sidewalk require an experienced personal injury attorney Manhattan to evaluate all of the surrounding facts and circumstances to be able to identify if you have a case. Whether or not a property owner is responsible will depend on (i) how long the condition itself has existed, (ii) whether anyone tried or attempted to remove the snow and ice prior to your accident, (iii) when it last snowed prior to the accident and (iv) is there a “storm in progress” defense.

In New York, New York City Administrative Code Section 16-123 deals with the responsibility of a property owner when it comes to the removal of snow and ice from in front of and around their premises.

The section states in part that

“Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon such sidewalk, remove the snow or ice, dirt, or other material from the sidewalk and gutter, the time between nine post meridian and seven ante meridian not being included in the above period of four hours.”

The section essentially states that every owner, lessee, tenant, occupant or other person has four hours from when the snow stops to begin to remove the snow and ice from the sidewalk in front of their premises. This requirement does not, however, apply between the hours of 9pm and 7am.

It’s because of the applicability of the different sections of the New York City Administrative Code and the sidewalk law in New York that you need to seek the advice and counsel of an experienced and knowledgeable personal injury attorney New York who is skilled and familiar with the area of slip and fall accidents.

What is the “Storm In Progress” defense?

The “storm in progress” defense shields property owners from liability where the accident complained of, occurs during a storm. The basis for the defense is that the Courts have held, and rightly so, that it would be unreasonable to expect that a property owner go out and attempt to remove the snow and ice from the sidewalk in front of their property while a storm is ongoing. This is reasonable and makes sense and is also why the Courts have enacted the above section 16-123, which gives property owners the 4-hour window to begin snow and ice removal.

It’s the reckless and careless property owners who leave the snow and ice accumulating and sitting on their sidewalks for more than four hours after cessation and at times for days on end that are held responsible for causing injuries to pedestrians and patrons.

The slip and fall accident attorneys in Manhattan at The Law Offices of Darren T. Moore. PC will thoroughly investigate your case, identify the causes, and help you determine whom to hold accountable for your injuries.

What will a personal injury attorney do for me?

  • Investigate the facts of your case and identify which laws may or may not apply
  • Obtain pictures of the condition if they were taken or still exist
  • Seek witnesses
  • Check the certified weather data
  • Find out who the owner is and identify responsible parties

Don’t Let Yourself Be Taken Advantage Of!

If you or a loved one has been injured as a result of a slip and fall accident, on a sidewalk because of an icy condition or because of a snow and ice incident, you should seek out an experienced, knowledgeable personal injury attorney. You should call the Law Offices of Darren T. Moore PC for a free consultation. Our team of highly experienced slip and fall accident attorneys in New York will be there to evaluate your case and help you every step of the way to make sure you receive the compensation you deserve.

Our Motto is “MOORE JUSTICE” and we seek that in every case retained by our firm.

Call us today at (917)809-7014 for a free consultation.