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- Medical Malpractice
- Personal Injury
- Products Liability
Additional Practice Area
- Car Accidents
- Free Consultation
All personal injury cases accepted on a contingency fee basis.
Jurisdictions Admitted to Practice
- New York
- English: Spoken, Written
- Portuguese: Spoken, Written
- Spanish: Spoken
- Leav & Steinberg, LLP
- Fordham University
- New York Law School
- Honors: cum laude; recepient of the New York State Bar Association Legal Ethics Award.
- New York Metro Rising Stars
- Super Lawyers
- New York Metro Rising Stars
- Super Lawyers
- New York Metro Rising Stars
- Super Lawyers
- Legal Ethics Award
- New York State Bar Association
- New York State Bar  # 4381166
- New York State Trial Lawyers Institute
Articles & Publications
- Wilck v. Country Pointe at Dix Hills Homeowners Assn., LLC, 111 A.D.3d 822, 975 N.Y.S.2d 145 (2nd Dept., 2013)
- Newell v. The Port Authority of New York and New Jersey, 41 Misc.3d 1202(A) (Supreme Court, Bronx County, J. Gonzalez, 9-24-2013)
- Flynn v. D'Amato, 40 Misc.3d 1218(A), 2013 NY Slip Op 51223 (U) (Supreme Court, Richmond County, J. Aliotta, 7-3-2013)
- Manthos v. Omni Hous. Dev. LLC, 2012 NY Slip Op. 32345(U) (Supreme Court, Suffolk County, J. Baisley, Jr., 9-6-2012)
- Blumberg v. City of New York, 2011 NY Slip Op. 30368(U) (Supreme Court, New York County, J. Jaffe, 2-15-2011)
- Schwartz v. Speaker, 35 A.D.3d 583, 825 N.Y.S.2d 646 (2nd Dept., 2006)
- Diaz v. City of New York, 31 A.D.2d 299, 819 N.Y.S.2d 41 (1st Dept., 2006)
Websites & Blogs
- Daniela F. Henriques' Website Profile
- Leav & Steinberg, LLP Website
- New York Accident Lawyer Blog
- What Evidence Do I Need for a Premises Liability Case?
24 September 2020
- Can a Property Owner Be Held Liable for Sexual Assault?
21 September 2020
- When Can You Sue the Federal Government?
17 September 2020
3 Questions Answered
- Q. What does having no fault insurance mean?
- A: In New York, no-fault insurance typically pays for all medical care, lost wages, mileage reimbursement, household help, etc. for a person injured in an automobile accident, regardless of who was at fault for the accident. For example, if you are a driver or a passenger inside a vehicle, the insurance policy that covers that vehicle will pay for the medical costs. If you are a pedestrian struck by a vehicle, the insurance policy that covers the vehicle that struck you will pay for the medical costs. If you are involved in an accident with a vehicle that left the scene or is uninsured at the time of the accident, and you reside within a household that has a vehicle, the insurance policy that covers the household vehicle will pay for the medical costs. Typically, no-fault insurance contains policy limits of up to $50,000 in possible medical expenses, and up to $2,000 for lost wages. Some carrier have additional personal injury protection (known as PIP) that might cover additional medical expenses or lost wages, but it all depends on the available insurance.
- Q. I was walking across a parking lot and was hit by a slow moving car.
- A: Yes. Under New York insurance law, a pedestrian is entitled to receive no-fault benefits from the vehicle that struck said pedestrian, up to (typically) $50,000 that would cover medical expenses, including ambulance service, hospital/emergency room service, medical providers, radiology, surgery, etc. In addition, if said pedestrian suffered a disability as a result of his/her injuries and is unable to return to normal duties at work, as part of the no-fault benefits, said pedestrian would be entitled to loss wage reimbursement from the insurance carrier. Note, typically, one can locate the identity of the insurance carrier on the police accident report (look for a 3 digit insurance code to the right hand side immediately under the “owner” information of the vehicle). The time to file a timely no-fault application with the insurance carrier for the vehicle that struck said pedestrian expires 30 days after the accident. Also, important to note, that typically all medical bills or other items seeking reimbursement, must be submitted to the insurance carrier for consideration within 45 days of the date of service of such treatment. Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation." You should file your claim with the insurance company which covers the car in which you were an occupant (either as passenger or driver) or, if you were a pedestrian, with the car that struck you. If you do not know the vehicle that struck you or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). Source: http://www.dfs.ny.gov/consumer/faqs/faqs_nofault.htm
- Q. What percent of a lump sum settlement do I have to pay in taxes for a personal injury lawsuit?
- A: An important issue that every client needs to address after his or her case has settled is whether or not the client owes income taxes on the settlement money he or she received at the conclusion of a personal injury case. There is no simple answer, and a close look at the specific break down of the settlement (settlement amount only for pain and suffering from injury, or does the settlement amount include monies for wages, reimbursement of past medical expenses, future medical expenses, property damage, etc.) of each client’s case must be taken to determine the answer. As the IRS notes: “A settlement payment may consist of multiple elements that have been allocated by the parties. For example, an agreement may include allocations to back pay, emotional distress, and attorneys’ fees. Generally, the IRS will not disturb an allocation if it is consistent with the substance of the settled claims.” Personal physical injuries or physical sickness “If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.” However, “if you receive a settlement for personal physical injuries or physical sickness, you must include in income that portion of the settlement that is for medical expenses you deducted in any prior year(s) to the extent the deduction(s) provided a tax benefit. If part of the proceeds is for medical expenses you paid in more than one year, you must allocate on a pro rata basis the part of the proceeds for medical expenses to each of the years you paid medical expenses. See Recoveries in Publication 525 for details on how to calculate the amount to report. The tax benefit amount should be reported as “Other Income” on line 21 of Form 1040. (emphasis added)” Emotional distress or mental anguish “The proceeds you receive for emotional distress or mental anguish originating from a personal physical injury or physical sickness are treated the same as proceeds received for Personal physical injuries or physical sickness above.” However, if the proceeds you receive for emotional distress or mental anguish do not originate from a personal physical injury or physical sickness, you must include them in your income. However, the amount you must include is reduced by: (1) amounts paid for medical expenses attributable to emotional distress or mental anguish not previously deducted and (2) previously deducted medical expenses for such distress and anguish that did not provide a tax benefit. Attach to your return a statement showing the entire settlement amount less related medical costs not previously deducted and medical costs deducted for which there was no tax benefit. The net taxable amount should be reported as “Other Income” on line 21 of Form 1040.” Lost wages or lost profits “If you receive a settlement in an employment-related lawsuit; for example, for unlawful discrimination or involuntary termination, the portion of the proceeds that is for lost wages (i.e., severance pay, back pay, front pay) is taxable wages and subject to the social security wage base and social security and Medicare tax rates in effect in the year paid. These proceeds are subject to employment tax withholding by the payor and should be reported by you as ‘Wages, salaries, tips, etc.” on line 7 of Form 1040. If you receive a settlement for lost profits from your trade or business, the portion of the proceeds attributable to the carrying on of your trade or business is net earnings subject to self-employment tax. These proceeds are taxable and should be included in your “Business income” reported on line 12 of Form 1040. These proceeds are also included on line 2 of Schedule SE (Form 1040) when figuring self-employment tax. SEE PART II NEXT EMAIL
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