What you say and the information you obtain right after an automobile accident has a huge impact on your recovery. Make sure to follow these steps to insure your rights and possiblility for recovery:

1. Immediately call 911 to report the matter to the police and call 911 for an ambulance if you suspect you are hurt in any manner.
2. Make sure to tell the ambulance driver all the parts of your body that are in pain. Also, remember to tell the emergency room doctor how your accident happened.
3. Write down the name, address, phone and driver’s license numbers of the driver of the other car as well as the driver of your car if you were a passenger. Make sure to gather all insurance information as well, this is very important.
4. Record other car’s make, year and license number.
5. Be sure to record the names of all possible witnesses. Write down, names, addresses, and phone numbers.
6. Take pictures of the accident scene preferably before the cars are moved. If the cars are moved, take photographs of the scene, being careful to photograph all skid marks and anything else that would be helpful to your case.
7. Do not say anything that can be used against you in Court at a later date. Be careful, but truthful to your comments to the police officer.
8. Do not discuss the accident with the other driver.
9. Do not, do not, discuss how the accident happened with any insurance adjusters or insurance investigators!
10. Seek medical attention as soon as possible to insure you are alright and if you are not alright, to get treatment.
11. Call your Lesch and Lesch as soon as possible

In order for a landlord to be held responsible for an injury you receive in his or her building, they must have “known” or “should have known” about the condition. So, before it accident happens:

1. Notify your Superintendent, Managing Agent, and/or Landlord of any hazardous condition in the building, whether it’s garbage on the stairs, a leak in your apartment, or a broken door.
2. Even if you do not notify anyone, keep a journal as the hazardous conditions you see in the building. This will help you prove they “should have known” of the condition before the accident occurred.

If you get hurt in your building

1. Immediately call 911 to report the matter to the police and request an ambulance if you are hurt.
2. Make sure to tell the ambulance driver all the parts of your body that is in pain. Also, remember to tell the emergency room doctor how your accident happened.
3. Be sure to record the names of all possible witnesses. Write down, names, addresses, and phone numbers. Although you do not believe so, most tenants are very willing to testify against their landlord because they believe this is the only way hazardous conditions can get fixed.
4. Take pictures of the accident scene preferably while the hazardous condition still exists. If the hazardous condition has been removed, still take photographs of the scene.
5. Do not say anything that can be used against you in Court at a later date. Be careful, but truthful when you discuss the accident with a Police Officer.
6. Report the accident to your Landlord. If he/she fills out a report, ask to have a copy and be sure that the information they write down includes your version of how the accident happened.
7. Do not discuss the accident with any insurance investigator who will be working on behalf of your landlord’s insurance agent!
8. If you are in pain, seek medical attention as soon as possible.
9. Call your Lesch and Lesch as soon as possible

Medical Malpractice occurs when a physician fails to properly treat a medical condition and that negligent act or omission is the cause of a new or aggravated injury to the patient. Usually Medical Malpractice occurs when:

1. There is a delay or failure in diagnosing a disease, a surgical or anesthesia related mishap during an operative procedure, as well as various missteps during your treatment.
2. There is a failure on the part of physician to gain the informed consent of the patient.
3. A physician may fail to diagnose a complication that arises.
4. Misuse of Prescription Drugs or a Medical Device can also be medical malpractice.

What to do if you think there has been medical mal-practice

1. Do not try to “work it out” with the doctor, hospital or clinic. Usually it is the doctor’s insurance carrier that will try to work it out and they do not have your best interests at heart.
2. Contact Lesch and Lesch immediately. You have a limited time to sue. In the event it is a City or Municipal Hospital, you must file a notice of claim within 90 days.
3. Take the time to gather your thoughts and prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, and conversations with medical providers, and treatment received.
4. Try to bring your hospital records with you to one of the attorneys at the firm. In most medical malpractice cases, proof of negligence is found in these records and we will need to send these records to a medical expert to review your case.
5. If you are having trouble getting your medical records contact us as soon as possible so we can help you.

Lead poisoning poses perhaps one of the greatest threats to our children. The greatest risk of injury from lead poisoning is to children under the age of seven, whose developing bodies and brains are sensitive to even small amounts of lead. Such exposure may lead to irreversible injury that does not appear until many years after the exposure to lead. The most common cause of lead poisoning in children is deteriorating (chipping and peeling) lead-based paint on the exterior and interior of residences where the child lives. Typically, your child will ingest the lead-based paint in the form of paint chips that have peeled off the wall (they are sweet to the taste) or by ingesting lead-contaminated paint dust (which can be ingested by children during normal teething, hand-mouth behavior, or putting dusty items in their mouths).

What to do if you suspect the paint in your apartment has lead (and you have a child under the age of 7 living with you)

1. Make sure your child receives a blood-lead test at each pediatric check-up at least until age 7
2. Obtain immediate emergency care for any child who exhibits the following symptoms:
   • sluggish behavior apathy
   • headaches
   • staring periods
   • tremors
   • seizures
   • loss of consciousness
   • abdominal cramps
   • loss of appetite
   • constipation
   • irritability
   • hyperactive behavioral
3. Assume that paint in housing built before 1978 contains lead
4. Call the local department of health and insist on a lead-based paint inspection
5. Insist that the landlord maintain paint properly by removing deteriorating paint and repainting with two coats of non-leaded paint
6. Frequently mop all floors and wipe down all surfaces with high-phosphate detergents
7. Ensure that your children wash their hands frequently
8. Wash you children’s toys frequently to ensure that lead-contaminated dust does not settle on them
9. Discourage your children from putting their hands and toys in their mouths and ask for help from your pediatrician and your local department of health

Toxic mold syndrome or “Sick Building Syndrome”, exposure to spores and chemicals produced by certain types of molds that release mycotoxins. Many molds can grow inside your home, but it is only two ypes of mold that are toxic: Stachybotrys and Memnoniella Toxic mold is often found in damp, moist, or wet places in or around a house or building. The molds frequently grow inside walls and ceilings. The spores often amass within a ventilation system, exposing entire buildings to toxic mold syndrome. The initial symptoms are often confused with those of the flu or the common cold, but if exposure continues, toxic mold syndrome symptoms will often become serious, leading to potential memory loss and/or bleeding lungs. Mytotoxins can spread beyond the actual area of mold infestation. This means that toxic mold exposure can occur in areas of the building that do not actually contain mold. Toxic mold exposure affects the lungs, digestive systems and brains of victims, and in some cases, daily toxic mold exposure has caused death. More common results of toxic mold exposure:

1. Chronic headaches
2. Nosebleeds
3. Respiratory Problems
4. Memory Loss
5. Bleeding Lungs
6. Fibromyalgia

To prevent mold exposure

1. Individuals who are prone to the effects of mold should stay away from humid and wet conditions in their apartment.
2. Indoor humidity levels should be kept below 40%.
3. Air conditioning and/or a dehumidifier should be used during humid months.
4. Adequate ventilation should be maintained.
5. Bathrooms should be cleaned with anti-mold products.
6. Moist indoor areas (bathrooms, basements, etc.) should not be carpeted.
7. Remove or replace previously soaked carpets and upholstery.

You can tell you have a mold problem because the presence of large mold manifestation can usually be seen or smelled. Smaller infestations may require professional cleaning or testing in order to detect. Report all mold infestation problems to your Landlord/Managing Agent/Superintendent in writing. Seek medical attention immediately if you suspect any of the above.

Do not let your rights be taken away after an accident. Remember to follow this simple Do’s and Dont’s to protect yourself:
The DO’s

1. DO get all of the other driver’s information (and the information of your driver as well if you were a passenger) and his/her insurance company name corresponding policy number. Be sure to get information from witnesses at the accident scene, including names, addresses and phone numbers.
2. DO take photos of the accident scene, your car, and most importantly, your injuries.
3. DO keep a written record of your visits with your physicians and physical therapy rehabilitation visits. Keep records of the time you have lost from work even if your employer reimburses you through vacation or sick days. Also, try to record your loss of daily activities to show how the accident has changed your life.
4. DO consult a our firm immediately to insure all witness statements are obtained, hospital and medical records are requested and to make sure you are not taken advantage of by insurance investigators who will seek your statement before you are represented.

The DON’Ts

1. DON’T admit fault for the accident, either at the scene or elsewhere. You may not be aware of the law at the time of the incident and your statement may be wrong, and even worse, used against you at a later date.
2. DON’T give a statement to an insurance company before consulting our firm
3. DON’T sign any document before speaking us. Insurance companies will often try to settle with you, for less money than you deserve, before you obtain an attorney. Unfortunately, once you sign a “release” you are bound by that amount and can’t go ask for more at a later date.

And remember the most important thing you can do after an accident and after you sought medical help is to contact your Lesch and Lesch immediately.

Not getting a lawyer’s help for serious injury claims.

Many times, insurance investigators (or sometimes-called adjusters) will try to convince you not to get a lawyer. They will tell you that a lawyer won’t get you any more money than the amount they are willing to offer. You must remember that the insurance investigator works for the insurance company and does not have your best interests at heart. Never believe an insurance investigator who says a lawyer won’t help you.

Giving statements to non-lawyers.

Many times an insurance investigator will contact you after an accident to get a statement from you before an attorney represents you. Even worse, they will record your conversation, which can be used against you at a later time. Remember, never talk to an insurance investigator without first consulting your lawyer.

Not getting information at the accident scene.

In order for your attorney to immediately start woking on your case, it is essential to get all the information acquired at the accident scene. This includes the names of all drivers, their insurance information, and the names of all witnesses. The delay in getting this information will unfortunately delay your case. Don’t let this happen.

Waiting too long to get medical care.

You should always seek medical attention immediately so your injuries do not worsen. In addition, if you fail to do so, the insurance company might argue that you were not really hurt after the accident and deny responsibility for your injuries. Thus, make sure you seek medical care as soon as possible.

Not seeing a lawyer immediately.

There are deadlines in filing accident claims (In New York, the no-fault laws require that you file your claim with an insurance company waiting 30 days otherwise your medical bills will not be paid) and if you wait too long, your claim may not be processed. Moreover, if you wait too long to get legal help, it gets harder to find evidence and witnesses.

• Most People Know That A Will Lets Them Determine Who Will Receive Their Property When They Pass Away. Despite This Significant Benefit, Relatively Few People Have Wills.
• If You Die Without A Will, Your Property Will Be Distributed According To State Law. It May Not Be Distributed The Way You Want, Since It Is Distributed Without Considering The Needs Or Circumstances Of Recipients.
• A Will Can Do More Than Just Determine How Property Is Distributed Upon Death. It Can Name An Executor. The Executor Will Oversee Your Estate’s Financial Affairs During “Probate.” This Includes Making Sure Your Debts Are Paid And That Your Property Is Distributed As Stated In Your Will. Without A Will, A Judge Chooses Your Executor.
• A Will Can Also Set Up A Trust, Which Can Help Save Taxes. Thus, For People With Substantial Assets (Like A Home), A Will Can Be A Cost-Saving Tool.
• For Married Couples With Young Children, Wills Are Essential. Each Spouse Should Have A Will In Order To Select A Guardian For The Children In Case Both Parents
  Die. The Guardian Will Raise The Children And Manage Their Money. Without A Will, The Critical Decision Of Who Will Be Your Children’s Guardian Will Be Left To A Judge.

The Most Well Known Estate Planning Tools Are Wills And Trusts. A Will Tells What Happens To Much Of Your Property After Death. It Is A Writing That States Who You Want To Receive Your Property And How Your Possessions Will Be Divided. It May Also Name The Person You Want To Administer Your Estate And Who You Want To Take Care Of Your Young Children. A “Trust” Is A Tool Used To Avoid Delays And Complexities Of The Court’s Probate Process And Also To Avoid Some Taxes. Trusts Let Property Pass, After Death, Without Being Part Of The “Probate” Estate. There Are Also Other Important Ways For Property To Pass From You To Someone Else Without Being Part Of A Will Or Trust. Some Of These Are Life Insurance, Bank Retirement Accounts And Owning Property In “Joint Tenancy With Right Of Survivorship.” Another Way For Property To Pass Outside Your Estate Is By Making Gifts During Your Life. Life Insurance Is An Insurance Policy On Someone’s Life. The Policy Pays Money (The “Policy Benefit”) To The Person Named As “Beneficiary.” You May Buy A Life Insurance Policy Personally, And Name A Spouse, Children Or Other Loved Ones To Receive Or Share The Policy Benefit. Also, Many Businesses Insure The Lives Of Key Officers. The Owners Know Earnings Will Be Hurt If A Key Person Dies. An Insurance Benefit Paid To The Company At That Time Can Lessen The Impact Of A Key Officer’s Death. Life Insurance Proceeds Go To The “Beneficiary” Without Needing To Name That Person In A Will Or Trust. Money In Bank Retirement Accounts And Many Other Bank Accounts Go To The Person Or Persons Named As Beneficiaries Or Co-Owners Of The Account. Apart From Naming Someone As Co-Owner Or Beneficiary Of A Bank Account, Other Kinds Of Property Can Be Owned By Two Or More Persons In A Form Called “Joint Tenancy With Right Of Survivorship.” This Method Of Holding Property Means That When Any “Joint Tenant” Dies, That Person’s Interest In The Property Automatically Goes To The Other Joint Tenants. This Ownership Passing Does Not Depend On The Recipient Being Named In A Will Or Trust. Gifts Given To Loved Ones, Friends Or Charities While You Are Alive Don’t Become Part Of Your Estate, Since That Property No Longer Belongs To You. Many People Arrange For “Planned Gifts” As Part Of Their Estate Planning Activities. Planned Gifts To Charities Have The Additional Benefit Of Providing Tax Deductions In The Tax Years When The Gifts Are Made. Care Must Be Taken In Making Planned Gifts To Family Members Because There Can Be Estate Taxes On Gifts That Exceed The Tax-Free Amounts Allowed By Law. These Ways To Pass Property Have Important Effects. These Methods Are Estate Planning Tools That Are Additional To Wills And Trusts. Proper Use Of Insurance, Bank Accounts, Retirement Accounts, Joint Tenancy And Planned Gifts Can Let Property Pass Faster, Avoid Some Taxes, Avoid Some Complexities Of The Probate Process And Even Provide Tax Benefits While You Are Alive. It’s Important To Be Careful To Avoid Conflicts Or Misunderstandings Between The Text Of Your Will And Trust, And Your Arrangements Made With These Other Tools. For Example, Life Insurance Proceeds Or Joint Tenancy Property Can Pass To The Specified Person(S) Even If A Will Or Trust Tries To Direct These To Someone Else. Estate Plans Need To Be Reviewed From Time To Time. This Review Should Also Include Thinking About The Contents Of Life Insurance Policies, Bank Accounts, Retirement Accounts, Joint Tenancy Property, And Gift Giving So That These Can Be Prepared The Way You Want, Updated As Needed, And Coordinated With Each Other.