Friedman & Simon Injury Lawyers - October 2023

Many people see car accidents in black and white; to them, one person was at fault and caused the collision, while the other person was not to blame and could not prevent the accident. However, accidents often fall into shades of gray. It’s common for both parties to have played a part in creating the conditions that led to a slip- and-fall or car crash that led to injury. The legal principle of comparative negligence — comparing the percentages of the respective parties in causing an accident — is a very important aspect of the law that governs accident cases in New York. Applying a comparative fault analysis, the insurance company of one party can be compelled to pay the other party even if that other party was partially to blame for the accident. The law uses a percentage-based system to determine how much fault each party holds. While some accidents are 100% one party’s fault (e.g., a person looking at their cellphone drives into the rear of a car stopped at a red light), others can be 90/10, 80/20, 70/30, etc. (e.g., one car makes a left turn in front of another and they collide. Questions such as points of impact on the respective cars, positions in the roadway, speed of travel, etc., will all help determine comparative negligence.) In New York, any percentage of responsibility still entitles you to compensation. Even if you were 90% to blame, you could still sue the insurance company for 10% of your damages. That might not make a big difference on $20,000 worth of damages. But 10% of a $5,000,000 injury is a significant sum. Therefore, it’s crucial to call a personal injury attorney before accepting an insurance company’s offer. While an insurance representative might say you’re at fault and can offer you no more than a $3,000 settlement, they could be leaving out crucial facts. For example, an insurance company once told a client it had multiple witnesses against him. They offered him only a few thousand dollars as compensation. The client called family members who work in the insurance industry, and they urged him to take the settlement. Then he called us. We explained comparative fault and helped him win a recovery many times the original offer. HOW COMPARATIVE FAULT CAN IMPACT YOUR CAR ACCIDENT CASE Stop Before You Settle

Does it always seem like your kids get a burst of energy right before bedtime? After a jam-packed day, your child’s pent-up stress and energy will likely spike when it’s time to head to bed. The key is implementing a consistent bedtime routine to help them transition into sleep mode. Try therapeutic techniques to soothe your child for a full night of shuteye. SQUEEZE ’EM TIGHT (ADD PRESSURE). Just like you would swaddle a baby, you should wrap your kids up like tiny burritos! When you add pressure that squeezes them tight, your child’s tactile and proprioceptive senses are activated, which creates a sense of calm and relaxation. You can also do this with weighted blankets, tight cuddles, or by tucking them in nice and snug with pillows placed around them to add more pressure. GET THEM WARM AND COZY. Warmth is another element that can increase calm and signal bedtime! Put their blankets in the dryer so they’ll have them nice and warm when it’s time to lie down. Additionally, you can give them a warm drink with a straw, as the warmth not only relaxes them but the straw also encourages sucking motions, which are incredibly soothing for children. CREATE GENTLE MOVEMENTS. Repetitive and rhythmic movements like rocking back and forth generate vestibular input for the nervous system. This will help your children feel comfortable and ready to sleep! You can try these motions by rocking them on a yoga ball for a few minutes, reading a bedtime story in a rocking chair, or sitting with them in a porch swing or hammock right before bed. TURN THE SCREENS OFF. We already know that looking at screens harms our sleep, so why would that be any different for children? Decrease screen time as the day advances and completely turn off any screens at least two hours before bedtime. Not only do you want to cut these harsh lights, but you should also add comforting ones! Unwind in dim lighting as the day ends, and place lava lamps or a night light in your children’s rooms to help soothe them. Also, adding a white noise machine or playing calm music can do wonders! Combine these therapeutic methods to create the perfect bedtime routine that will have your energetic kiddos in bed without a hitch. Unlock the Secrets of a Calming Bedtime Routine

However, a personal injury attorney may be unable to help once you’ve signed an agreement with the insurance company. Call Friedman & Simon before accepting a settlement, especially in red-light, stop-sign, and side-swipe cases. Otherwise, you could leave significant cash on the table.

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