Trial Talk: Insights from Legal Expert Michael Joseph

Personal Injury Settlements vs. Trials: Pros and Cons

Episode SummaryIn this episode of Trial Talk, host Kevin Rosenquist and experienced New York trial attorney Michael Joseph discuss the legal rights of construction workers, especially undocumented workers, injured on job sites. They cover New York’s labor laws, including the "Ladder Law" (Labor Law 240) and Labor Law 241, emphasizing contractor and landowner responsibilities for safety. Michael explains how injured workers can seek compensation and outlines the importance of filing claims on time, especially for public job sites or cases where the employer lacks workers’ compensation insurance. Practical advice is offered on reporting accidents and protecting your legal rights.
 
Timestamps:
[00:00:30-00:01:38] Can undocumented workers sue for construction accidents?
[00:01:38-00:03:19] Employer and contractor responsibilities for worker safety
[00:03:19-00:04:48] Explanation of New York’s "Ladder Law" (Labor Law 240)
[00:04:48-00:05:36] Suing for defective ladders and tools on construction sites
[00:05:36-00:07:11] Impact of worker error on lawsuits and liability
[00:07:11-00:08:53] Protection from falling objects and other hazards
[00:08:53-00:11:16] General safety obligations under Labor Laws 240 and 241
[00:11:16-00:13:04] Filing claims for injuries on public job sites
[00:13:04-00:14:06] What to do if your employer lacks workers’ compensation insurance
[00:14:06-00:15:13] Importance of contacting an attorney after a construction accident
[00:15:13-00:16:12] Underreporting of construction accidents and employer pressures
 
About The Show
Trial Talk is a legal podcast hosted by Kevin Rosenquist featuring seasoned New York trial attorney Michael Joseph, who brings over 20 years of experience in personal injury, commercial litigation, and criminal defense. The show offers practical legal insights for individuals navigating complex legal issues, with a strong emphasis on social and economic justice. Each episode breaks down important legal topics in an approachable way, from construction site accidents and workers' rights to navigating personal injury claims. With real-world examples and expert advice, Trial Talk empowers listeners to better understand their legal rights and take informed action when faced with legal challenges.

Navigating Insurance Coverage for Rideshare Accidents

Episode SummaryIn this episode of Trial Talk, host Kevin Rosenquist sits down with seasoned New York trial attorney Michael Joseph to discuss what to do if you're hit by a car. They explore key legal rights for pedestrians, the responsibilities of drivers, and how fault is determined in various scenarios. Topics include crossing inside or outside crosswalks, filing claims against municipalities or bus companies, handling hit-and-run accidents, and the importance of immediate medical attention. Michael offers practical advice on navigating complex legal situations and emphasizes the urgency of contacting a lawyer quickly after an accident.
 
Timestamps:
[00:00:30-00:01:14] Can you sue if you're hit by a car in New York?
[00:01:14-00:02:40] Crosswalk vs. non-crosswalk accidents and comparative fault
[00:02:40-00:03:26] How speeding impacts driver liability
[00:03:26-00:04:03] When is a pedestrian more than 50% at fault?
[00:04:03-00:05:43] Who pays for medical bills after an accident?
[00:05:43-00:07:30] Filing claims against bus companies and dealing with municipal entities
[00:07:30-00:08:26] Challenges when dealing with transit authorities
[00:08:26-00:10:51] Rights and procedures in hit-and-run cases
[00:10:51-00:12:43] Importance of immediate medical attention and avoiding gaps in treatment
[00:12:43-00:13:20] Insurance companies’ tactics and protecting your rights
[00:13:20-00:14:29] When to contact an attorney and rising hit-and-run issues
 
About The Show
Trial Talk is a legal podcast hosted by Kevin Rosenquist, featuring experienced New York trial attorney Michael Joseph. Each episode offers practical insights into legal issues faced by everyday people, with a focus on personal injury, commercial litigation, and criminal defense. With over 20 years of legal experience, Michael shares valuable advice, real-world examples, and actionable steps for navigating complex legal situations. Whether discussing pedestrian accidents, dealing with insurance companies, or handling municipal claims, Trial Talk aims to empower listeners with the knowledge they need to protect their rights and seek justice.
 

Rideshare Accidents vs Traditional Auto Accidents: Key Differences

In this episode of Trial Talk, attorney Michael Joseph dives into the legal complexities surrounding rideshare and food delivery accidents in New York. He explains who is responsible for medical bills depending on the status of the driver—whether they're on the app, off the app, transporting people, or delivering food. Michael emphasizes the importance of timely filing for no-fault benefits and highlights the different protections available for passengers and drivers in various scenarios, including uninsured motorist coverage and supplemental underinsured motorist coverage. Listeners learn why it's critical to consult an attorney early to avoid missing key deadlines and losing out on benefits.
 
Timestamps
[00:30-01:51] Rideshare Employee vs. Independent Contractor
[01:51-03:02] No-Fault Insurance Overview
[03:02-04:25] Passenger Accidents in Rideshares
[04:25-06:16] Food Delivery Accidents: Car, Bike, E-Bike
[06:16-08:47] E-Bike & Motorcycle Accidents
[08:47-09:37] Rideshare vs. Food Delivery Legal Differences
[09:37-10:54] Accidents with Uninsured Drivers
[10:54-12:51] When to Contact an Attorney
 
About The Show
Trial Talk is a legal podcast hosted by Kevin Rosenquist, featuring experienced New York trial attorney Michael Joseph. With over 20 years of expertise in personal injury, commercial litigation, and criminal defense, Michael shares practical insights on navigating complex legal scenarios. Each episode breaks down real-world legal issues, from rideshare and food delivery accidents to broader topics like workers' compensation and insurance claims. Whether you're a driver, passenger, or someone seeking legal clarity, Trial Talk provides actionable advice to protect your rights and ensure justice.

Navigating Construction Accident Injury Claims

In this episode of Trial Talk, Christine interviews seasoned New York trial attorney Michael Joseph, who shares valuable insights into construction site accidents and legal protections for injured workers. With over 20 years in personal injury, commercial litigation, and criminal defense, Michael provides an in-depth look at common construction accident causes, such as unsafe ladders, scaffolds, falling objects, and slips or trips. He highlights the legal responsibilities of contractors and landowners to ensure safe work environments, explaining that breaches of safety regulations can lead to liability.
A key focus of the discussion is New York’s Ladder Law (Labor Law 240), which mandates safe conditions for workers at elevations. Michael clarifies that workers injured due to unsafe equipment can sue, even if their employer provided the equipment. The episode also covers when construction workers can sue for injuries under labor law violations, with specific exceptions for residential projects.
Michael also addresses unique accident cases, including falling objects and trench collapses, and the federal protections for marine construction workers under the Longshore Harbor Workers' Compensation Act, which can offer higher compensation than state workers' comp.
. To learn more, listeners are encouraged to visit NewYorkTrialLawyers.org.
 
Timestamps:
00:00:17 - Common Causes of Construction Site Accidents00:02:05 - Falling Object Cases00:03:09 - Slip, Trip, and Fall Accidents00:03:41 - Saw and Circular Saw Cases00:04:12 - Trench Accidents00:04:43 - Demolition Accidents00:05:04 - Legal Responsibilities of Contractors and Landowners00:05:52 - Understanding the Ladder Law00:06:55 - Liability When a Ladder Breaks00:09:31 - When Can Construction Workers Sue for Injuries?00:11:02 - Falling Object Injuries00:11:45 - Lack of Fall Protection00:12:18 - Worker Rights in Marine Construction00:14:08 - Injuries from Wall Collapses During Demolition00:14:58 - Suing for Trench Collapse Injuries00:15:37 - Case Study: Excavation Injury
About The Show
In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.
Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.

Pedestrian Accidents in New York Understanding Your Rights & Options

In this episode of Trial Talk, host Matt Skye sits down with experienced New York trial attorney Michael Joseph to discuss the prevalence of pedestrian accidents in New York State. Michael highlights the inherent risks pedestrians face due to the bustling streets of cities like Manhattan, Brooklyn, and Queens, emphasizing that accidents are a reality stemming from human distractions and inattention. The conversation shifts to the most common injuries suffered by pedestrians in these accidents, including knee injuries, fractures, shoulder injuries, and back and neck injuries. Michael shares insights on the importance of legal representation for victims and the need for social justice in addressing these issues.
Timestamps:
[00:01:04] Common pedestrian accident injuries.
[00:05:17] Hitting a bus in New York.
[00:08:56] Hit-and-run accident procedures.
[00:10:22] Damages for pedestrian injury claims.
[00:14:30] Importance of timely legal action.
 
About The Show
In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.
Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.

Behind the Wheel: Understanding Car Accident Claims in New York

In this episode of Trial Talk, host Matt Skye sits down with seasoned attorney Michael Joseph to discuss the rising number of car accident cases in New York. As COVID restrictions ease, more pedestrians are on the streets, increasing both car accidents and pedestrian injuries. Michael highlights the most common types of injuries resulting from these incidents, including fractures, knee injuries, shoulder injuries, and various twisting injuries from falls. Tune in for valuable insights from a legal expert on the implications of these trends and their impact on personal injury cases.
Timestamps:
[00:02:28] Airbag injuries in car accidents.
[00:04:01] Medical bills after car accidents.
[00:07:46] Crosswalk accident liability in New York.
[00:09:29] Importance of medical documentation.
[00:14:44] Underinsured motorist benefits in New York.
[00:15:37] Supplemental Underinsured Motorist Coverage.
About The Show
In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.
Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.

Prescriptions for Justice: Demystifying Medical Malpractice

In this episode of Trial Talk, legal expert Michael Joseph discusses medical malpractice. He explains that medical malpractice occurs when a doctor fails to meet the standards of a reasonably competent doctor, leading to harm or worsening of a patient's condition. Examples include failure to recognize a condition, improper treatment, or taking actions that harm the patient. Michael highlights sepsis cases as a common example where the timely administration of broad-spectrum antibiotics is crucial to prevent patient deterioration. You can tune in to learn more about the legal implications of medical malpractice.
Timestamps:
[00:01:08] Sepsis and medical malpractice.
[00:05:38] Medical expert understanding medical practice.
[00:09:23] Statute of limitations in malpractice.
[00:11:13] Birth Trauma Cases
[00:15:27] Dealing with medical experts.
[00:19:04] Favorable outcomes and settlements.
About The Show
In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.
Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.

Injuries and Insights: A Leal Guide Through Advocacy

In this episode, legal expert Michael Joseph provides a comprehensive overview of navigating the complex terrain of personal injury law. Michael offers invaluable insights into common causes, liability determinations, and crucial steps for victims, from car and rideshare accidents to construction mishaps and product liability claims. Through engaging discussions and real-life examples, listeners understand the intricacies of pursuing compensation for injuries sustained in various scenarios. Whether you're seeking advice following a recent accident or are interested in understanding the nuances of personal injury litigation, this episode is vital for anyone navigating the aftermath of injury-related incidents.
 
Timestamps
[00:01:39] Common causes of car accidents.
[00:05:24] Traffic laws in New York.
[00:08:06] Construction workplace injuries.
[00:10:37] Construction safety regulations.
[00:14:09] Product liability claim.
[00:17:26] Medical malpractice explanation.
 
About The Show
In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.
Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.
 

Title: "Roots of Advocacy: From Coop City to Courtroom"

Join legal expert Michael Joseph as he delves into the formative experiences shaping his justice perspective. From his upbringing in the vibrant community of Coop City to navigating the diverse neighborhoods of New York City, Michael reflects on how these environments influenced his approach to law and advocacy. In this episode, he shares anecdotes from his journey, including pivotal moments at Tulane University Law School and the inspiration behind his focus on personal injury, commercial litigation, and criminal defense. Discover the ethos driving Michael's legal practice, rooted in providing accessible services and fostering trust with clients facing adversity. Gain insights into the intersection of personal history and professional dedication as Michael discusses the role of lawyers in promoting social and economic justice in contemporary society.
 
About The Show
In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.
Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.