Fractures or broken bones are quite common after a slip and fall, car crash, or sports accident in the New York area. Accidents tend to result in broken bone(s) because of the tremendous force being exerted on your body. Any bone in your body can fracture or break because of severe trauma. Fractures are usually the result of a fall or the force of the accident. Fractures or broken bones are quite common after a slip and fall, car crash, or sports accident in the New York area. Accidents tend to result in broken bone(s) because of the tremendous force being exerted on your body. Any bone in your body can fracture or break because of severe trauma. Fractures are usually the result of a fall or the force of the accident. In many cases, bone fractures occur because of the body being thrashed forward or backward and struck by external objects. It is common for bones in the arms and legs to be twisted or bent unnaturally when one gets ejected from the car during an accident. Broken bones may be a common occurrence during an accident, but should still be taken very seriously. They are slow to recover and quite painful. Fractures can result in disability, chronic pain, and other ongoing malady depending on the bone that gets affected. It can be debilitating to recover from a bone fracture injury. Broken bones can keep you from enjoying leisure activities, personal life, and work. Common Bone Fractures in New York Car Accidents Any bone can break during an accident depending on the severity of the accident. However, there are a few bones that are at a higher risk of breaking than others. These bones can break during falls, car crashes, and other accident types. These are: The ribs Spinal vertebrae Bones in the sternum Bones in the neck Bones in the skull Bones in the ankles The collarbone The femur The pelvis Generally, when people break their bones, they require a surgery or cast to heal the fracture. In certain cases, they may also require physiotherapy, pain drugs, and other forms of treatments to deal with the bone damage and resulting healing process. In extreme cases, physiotherapy, surgeries and other healing processes may fail at fusing the bones properly. This can cause the victim to suffer from a lifetime disability. Why Do Bones Break? Fractures can be the result of a number of accidents. It is important that the entity or individual that caused the accident is held liable for the damages suffered by the victim, such as emotional pain, medical costs, and suffering. Broken bones are usually common after the following accident types: Workplace accidents due to falling or dropped objects Car accidents Injuries resulting from defective products Blunt force trauma Explosions Fall and slip accidents Repetitive stress motion Types of Fractures Because of Car Accidents in NYC New York auto accidents can cause several different types of bone fractures, such as: 1. Transverse These broken bones occur because of a direct hit or direct force that causes the bone to snap cleanly into two fragments. The break is usually at a 90-degree angle towards the long axis of the bone. 2. Compound These are among the worst types of fractures. The bone gets pushed outwardly and starts to protrude. The infection rate is also high in this type of fracture. 3. Comminuted This type of fracture takes place when a bone gets shattered into 3 or more pieces or fragments. These fractures usually occur when the body sustains strong impact or extreme pressure. Comminuted fractures are challenging to repair. 4. Buckle Buckle fractures are incomplete fractures, also called torus. They take place when the bone bends, gets strained, or ruptures without actually breaking. Generally, children in car accidents sustain buckle fractures. This is because their skeletal structures are not completely developed. 5. Stress These are similar to buckle fractures. They are typically found in children and result in partial breaks. Stress fractures are different from buckle fractures in that one side of the bone bends while the other breaks. 6. Oblique Oblique fractures happen when the bone breaks cleanly along its long axis in a diagonal manner. These are rare forms of fracture but do occur in car crashes when one side of the bone gets trapped while the other end is twisted. 7. Avulsion Avulsion fracture takes place when the bone detaches itself from the soft tissue or ligaments and tendon. The soft tissue is responsible for connecting the muscles and bones or two bones together. Avulsion fractures can result in extreme pain and generally, surgical attention is required to repair them. 8. Hairline Partial breaks or small cracks in the bone are called hairline fractures. People with these fractures are generally oblivious to it. They may not seek medical attention if the break or crack is extremely small. However, with time the tiny crack may become bigger and cause the fracture to become worse. Hairline fractures may also cause the bone to become weak. New York Car Crashes Can Result in Skull Fractures Victims need to be thoroughly examined after a car crash. This is especially important if there was any impact on the head since it may potentially result in a traumatic brain injury. Fractured skulls can endanger the victim’s life and can be quite serious. Pieces of bones may press against the brain in the event the victim suffers from a depressed skull fracture. A comminuted skull fracture is even more dangerous since it means the bone shattered into several fragments. In these cases, delicate surgery is required for removing the bone pieces which got embedded into the brain. A basilar skull fracture is a break at the base of the skull. Such fractures can result in nerve damage to the cranial and facial nerves. Blood in the sinuses and leaking cerebrospinal fluid from the ears and nose indicate a basilar skull fracture. Broken Bones and No-Fault System in New York New York law considers bone fractures as serious injuries. This means that fracture victims have the right to file their personal injury claim outside the no-fault insurance system of New York. You can acquire greater compensation by filing outside the no-fault. This can be in the form of non-economic damages, as the lost quality of life and pain and suffering. On the other hand, typical insurance claims do not come with non-economic damages. Get in touch with an attorney as soon as possible if you have sustained a bone fracture injury because of the recklessness or negligence of another in New York. You could win the compensation you deserve to move forward by a civil claim against the company, driver, product manufacturer, property owner, or another party. Your personal injury lawyer will be in a better position to prove negligence and secure the best possible recovery amount. Compensation and Treatment for Personal Injury Fractures Whether the victim requires physical therapy, surgery, continuing medical care, or a case, it is important for the person responsible for the accident to cover their medical expenses. The victim should also receive compensation for any additional medical expenses, such as nursing care or adaptive medical devices. The person responsible for the car crash and subsequent fracture should also pay for: Compensation for any lost wages if the accident caused the victim to take a vacation or sick leave. Ongoing lost income if the fracture keeps the victim from going to work within the same capacity as before the accident. Severe bone fractures can result in the termination of any career, especially for those in physically demanding positions. Pain and suffering and emotional distress resulting from the car accident. Settlement and Compensation in NY for Fractured Bones It is vital that you seek compensation for damages if you sustained a fracture because of somebody else’s negligence. A skilled and knowledgeable personal injury attorney can make sure that your approximated medical costs and injuries are appropriately proven and documented. They can also acquire fair settlement for you by representing you before a jury or judge or any party outside of court. You may be able to recover compensation for your future or present lost income, medical expenses, pain and suffering, permanent disfigurement, disability, and impairment. Seek Legal Assistance from Skilled Personal Injury Attorneys in NY Getting your bone fractured in a traumatic accident can result in long-lasting implications on your well-being and lifestyle long after the bone has healed. You are entitled to recover rightful compensation for your emotional anguish and distress along with your injuries. This is true if you faced the trauma because of another party’s recklessness or negligence. Personal injury lawsuits come with a lot of red tape from the initial accident to the claim filing. You should allow your bone fracture lawyer in New York to take care of any medical or financial complications. Your time should be spent worrying about healing from the injury. The experienced car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can investigate your case and establish strong evidence against the responsible party while you focus on physical therapy and surgery. Call the legal team at Rosenberg, Minc, Falkoff & Wolff, LLP as soon as possible if you suffered a fracture because of someone else’s carelessness or negligence. Our highly skilled personal injury lawyers have decades of experience and have won hundreds of millions of dollars as a settlement. We have the necessary resources to immediately investigate the accident and identify the parties responsible. This is the best way to secure fair compensation. Give us a call at 212-344-1000 to discuss your options and rights in a no-risk and free consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
What Happens if You Are Injured in a Rental Car in New York?
When you a rent a car, you may be tempted to waive the supplemental insurance of the rental company to reduce your cost. That is the first instinct of many people because nobody imagines that they could be involved in a car crash with just one trip in a rental car. However, the harsh reality is that accidents can happen anytime, and they do happen even when you are driving a rental car. Your rental car accident in New York may occur due to another driver’s negligence even if you are a careful driver yourself. It’s vital to understand who could be held liable in a rental car accident personal injury case, and how you can obtain maximum compensation for your injuries. Steps to Take after a Rental Car Crash in NY If you have suffered injuries in an accident in a rented car in New York, your first step should be to seek prompt medical care from a doctor or visit an emergency room. If you are seriously injured, you should call 911 and seek emergency support. As soon as you are in a position to take further action, you should call the police and report your accident (regardless of whether or not they come to crash site). Depending on your condition at the time of accident, you should also try to exchange contact details and insurance information with the other driver and obtain name and phone number of any eyewitnesses. Thereafter, you have an obligation to inform your rental car company about the accident because they own the vehicle that you were driving at the time of the crash. You should carefully note down the instructions you receive from the rental car company’s representative and follow them carefully. Finally, you should speak to an experienced rental car accident attorney in New York to evaluate your claim for damages. How to Determine Liability in a New York Rental Car Accident? The Graves Amendment says that if a rental car driver suffers an accident or injury, the rental car company cannot be held liable. In other words, you cannot file a personal injury claim against your rental car company just because they were the owners of the vehicle. But the rental car company’s liability is not absolved under all circumstances. If the rental car company contributed to your accident because of their negligence in maintaining the rental vehicle or in their renting process, you may be able to successfully sue them for compensation for your injuries. The rental car company may have failed to service the automobile properly, or they may have ignored the scheduled maintenance of the vehicle. In exceptional situations, they may have rented the vehicle to a dangerous driver which was avoidable by a simple background check. In general, the negligent driver who caused the accident will be held liable in a rental car crash – just was in a personal auto accident. However, issues related to insurance can be more complicated in rental car accidents. What does the Graves Amendment Say? The Graves Amendment pertains of a 2005 federal highway law that bars the filing of vicarious liability lawsuits against car rental service providers for injuries caused by negligent drivers (who are customers of the car rental company). The exception is when it can be proved that the car rental company’s actions or negligence resulted in those injuries. According to the federal law, just the fact of ownership of a rental vehicle does not make the owner liable for damages or injuries resulting from the use of that rental car during its duration of lease or rental, subject to the following two conditions: The rental car service provider (owner) is involved in the business or trade of leasing or renting automobiles The owner has not committed any criminal wrongdoing or negligence Rental cars in many cases cross state lines, which means they are involved in interstate commerce. Therefore, state liability laws are preempted by the Graves Amendment. Rental Car Accident and the Role of Insurance Many rental car drivers assume that their private auto insurance coverage can be used if they are involved in a crash while driving a rented vehicle. But instead of assuming this, you need to check whether this is really the case. Review your insurance policy terms to see whether rental car coverage is included or has it been specifically excluded. You should also differentiate between two types of coverage: Collision coverage will be applicable to any damages occurring to your own car, which means that the cost of fixing or replacing the car (up to the maximum amount of coverage). Liability coverage will reimburse for injuries that another person suffers because of you in a car accident as well as property damage you cause in an accident (up to the maximum amount of coverage). Collision Damage Waiver Your rental car company in New York will ask you whether you have personal car insurance coverage. Irrespective of your response, they will offer you a “collision damage waiver” at an additional charge. This waiver is only applicable to any damage that may occur to the rental car. With this option, you can be relieved of any potential liability to get the rental car repaired or replaced at your own cost, and it becomes the rental car company’s liability. However, collision damage waiver will not apply to bodily injuries that may occur to another person because of your fault while driving. Rental Car Accidents – Types of Coverage Rental car insurance coverage can be unique to your case. As renter, you could have multiple insurance policies in place that cover the accident. For instance, you could supplement your own personal insurance coverage with the insurance of the rental car company. In general, rental car accidents involve the following types of insurance: Insurance of the rental car company Your own no-fault insurance Bodily injury insurance of the other party Credit card rental insurance What Happens When Your Rental Car Crash Occurs due to Another’s Fault? If you are injured in a rental car crash for no fault of yours, you may be able to claim compensation for your injuries and losses from the at-fault driver. Establishing fault in a rental car crash is vitally important because otherwise you could be held liable by the rental car company for damages to the vehicle. Your contract as a renter with the car rental company may require you to pay for vehicle damages directly to the company even before your personal injury claim with the at-fault party is settled. Therefore, if you fail to establish fault of the other party, your car rental company is not going to reimburse you for the vehicle damages you pay to them. Compensation in a rental car accident related personal injury claim are similar to those in case of a personal auto accident. Depending on the facts and circumstances of your case, you could claim compensation for your medical costs, loss of income, pain and suffering, and future loss of wages. Make sure you choose an established New York rental car crash lawyer who provide you a robust legal representation and get you the best possible compensation. Liability of the Rental Car Company for Your Injuries In most situations, the rental car company in New York will escape liability for your personal injuries. It will usually be a legal fight between you and the other driver regarding who did what in the moments leading up to the crash. Rental car companies are rarely a party in such personal injury lawsuits. But you should be aware of exceptional situations where the rental car company could be held fully or partly liable for your injuries. Your rental accident attorney in New York City can try to prove that the rental company was negligent in maintaining the car. They could also establish that the rental car company knowingly ignored a serious vehicle defect that contributed to your accident. For instance, your rental car accident may have occurred because the ABS braking system did not operate correctly. You might have pressed the brakes of the vehicle safely, but the vehicle might have failed to stop within a reasonable distance. If this situation caused your accident or injuries, you could hold the rental car company liable for damages. Talk to the Dedicated Rental Car Accident NYC Attorneys at RMFW Law Rosenberg, Minc, Falkoff & Wolff is one of the pre-eminent New York law firms with thorough knowledge and experience of rental car accident personal injury cases. Our seasoned rental car crash lawyers will evaluate your claim carefully, collect strong evidence to back your claim, and make the entire legal process swift and effective as much as possible. We understand the local and federal laws related to rental car accidents, and will prepare a compelling legal strategy to help you obtain maximum compensation for your injuries. We will hold all the at-fault parties accountable and make sure your rights are fully protected. Rosenberg, Minc, Falkoff & Wolff will fight your personal injury case on a contingency basis. To schedule a free consultation, call us today at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
Manhole Explosions Create a Risk of Injury in NYC
In New York City, manhole covers can present a hidden risk to passerby and to construction workers. Those who sustain injury as a result of an incident involving a manhole cover should consult with a New York City injury lawyer to determine if they have an options available to them for pursing a claim for compensation. Manhole covers can be dangerous because manholes can explode. In fact, as Metro US wrote recently, two separate manhole explosions occurred in the Upper East Side of Manhattan, raising concerns about serious risks of unexpected explosions. Why are Manhole Explosions a Risk? According to Metro US, manhole explosions have been described as a “longstanding occurrence,” and, in fact, the explosions in the upper East Side were not isolated incidents. There were actually at least three other similar incidents over the course of the same day that those explosions occurred, according to Con Edison. And, in total, there were 1,908 incidents involving manholes in 2016 and 3,781 incidents in 2015. These manholes allow access to electrical cables that run underground under the city of New York to make the underground utility grid accessible to those who must service the grid. Unfortunately, the infrastructure is aging and the manhole covers do not keep water out. When the weather gets bad during the winter and snow melts that is mixed with de-icing salt, this salty water drips into the manholes. This, in turn, causes frayed low-voltage cables to fail because of the exposure to the salty water. In frightening incidents, fires occur, smoke comes out of the manholes, and explosions occur that send the manhole covers flying into the air and putting pedestrians in jeopardy of serious injury. Around 60 percent of incidents involving dangerous exploding manholes happen during the winter months. However, incidents can also occur frequently in the summer as well thanks to the intense heat that can also cause damage to the wires. The heat can fry the aging wires, causing explosions just like salt does in the winter. These incidents are especially common in New York because the largest underground electrical system in the country is located in the New York City area. There are 98,000 miles of cable underground and there are 264,000 different manholes and service boxes that are located throughout the city. New York's electrical grid is also aging, which plays a role in the increased risk of manhole explosions. Low voltage cables typically have a life span of around 40 years. However, within Manhattan, around five percent of the low voltage cables in the city were installed prior to 1930. The electrical system in the city is actually the oldest in the nation, and old and fraying wires make it more likely that manholes will explode. While Metro US reports that bystander injuries aren't that common, injuries do occur. If you or a loved one gets hurt because of an incident with an exploding manhole, you should contact a New York City injury attorney to find out what options you have for taking legal action to recover compensation for injury. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
How does MSHA Classify Mine Accidents?
The CDC defines a mining disaster as any accident in a mine with five or more fatalities. If this definition is taken, the last mining disaster in the US occurred in 2010 in West Virginia at the Upper Big Branch Mine - South. CDC statistics show that this coal mine disaster had 29 fatalities and it occurred due to dust or gas explosion. While labor laws and mine safety and health norms have evolved to make mining activities safer, it is possible to get injured if you work in a mine. Hence, it is important you understand how Mine Safety and Health Administration (MSHA) classifies mine accidents. This will allow you to pinpoint the circumstances that resulted in the accident. Mine Accident Classification Some of the categories of mine-related accidents are as follows: Electrical: When electric current is directly responsible for the accident Entrapment: When a roof or wall caves in, leaving the miners trapped inside the mine with no serious or grievous injuries Exploding Vessel Under Pressure: Accidents due to explosion of air tanks, air hoses, hydraulic hoses and hydraulic lines Explosives and Breaking Agents: Accidents caused due to denotation of manufactured explosives that lead to fumes, flying debris and concussive force Fire: Fires that are not put off within 10 minutes of discovery in underground mines and within 30 minutes in surface mines Handling Material: Lifting, pulling or shoveling materials like coal, sand, rock and timber Hand Tool: Non-powered hand tools that directly cause the accident Hoisting: Damage or problem with hoisting equipment that endangers or causes the accident Ignition or Explosion of Gas and Dust: If gas or dust explosion or ignition causes the accident, it falls under this category. This also includes exploring furnaces, space heaters and exploding gas vapors Inundation: If a surface or underground mine gets flooded by a gas or liquid Machinery: Mining activities require the use of heavy and light machinery, and any accident caused by the action or motion of such a machinery or by a failed component of the machinery Slip or Fall: Slip or fall from a height, getting off a machine or slip or fall while servicing a machine If you or a loved one has been involved in a mine accident, it may be possible to get compensation for the injury, emotional distress and loss of wages. However, it is critical you consult an experience NY attorney to find out your entitlements. Be sure to consult a personal injury NY attorney who has experience in dealing with similar cases. Also, the attorney should have a proven track record of winning such cases or at least getting an adequate settlement in favor of the plaintiff. At Rosenberg, Minc, Falkoff, & Wolff Law Firm or RMFW Law, you will be able to speak to such attorneys. In fact, your first consultation will be free and the personal injury attorney will be able to guide you and let you know how to proceed. Contact at 212-344-1000 today to schedule an appointment. RMFW Law has won millions of dollars for past clients and you too can be on this amazing list. Call us today, you have nothing to lose and much to gain. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
Civil vs. Criminal Liability in Car Accident Cases
A vineyard tour turned tragic last summer when a limousine driver attempted to make a U-turn on State Route 48 in New York. The limousine was hit by a drunk driver. Four of the women in the limo sustained injuries, including the bride-to-be, and the drivers of both vehicles were hurt. In addition, four women were killed. The case resulted in both criminal charges against the limo driver, as well as civil lawsuits filed by injured women and the families of the women who were killed. While the driver contested the criminal charges, his defense attorney admits there may be civil liability. It is important to understand the differences between criminal and civil liability in an auto accident case. A New York City personal injury law firm can provide information to collision victims on the different ways the law holds drivers accountable for causing collisions to occur. When and How Can Drivers Be Held Responsible for Car Accidents? After the accident, the drunk driver was charged for driving while impaired, but he was not indicted by a grand jury on any charges in connection with the deaths of the women. He was not charged with criminally negligent homicide or any other crimes related to the fatal accident because he was not actually to blame for the accident. Instead, the limo driver was likely to blame for the crash, according to NBC New York. A reconstruction of the collision showed the limo driver tried to make the U-turn onto the highway, despite the fact his view was obstructed by a Jeep in the opposite U-turn lane. Evidence suggests he did not come to a stop to allow oncoming traffic to pass before trying to make the turn. Because of the limo driver’s actions, he was charged with four counts of criminally negligent homicide, four counts of assault, reckless driving, and other crimes. However, a New York Supreme Court Justice ruled that the indictment was flawed as a result of improper testimony to the grand jury. The relatives of the victims were angered by this decision, but the Justice indicated he had agonized over it and had applied what he believed the law to be. In commenting on the verdict, the defense for the limo driver told NBC New York: “we told you the lines between civil and criminal liability were blurred here. Today, with this decision the lines are crystal clear.” This distinction is an important one. There are different rules for criminal charges versus civil charges, including a different standard for proving responsibility. In a criminal case, a defendant cannot be found guilty unless it is proved beyond a reasonable doubt that he violated a law. In a civil case, on the other hand, a defendant could be held liable and made to pay damages in any situation where his liability could be proved by a preponderance of the evidence. There are many car accident cases where no one is considered criminally liable because there is insufficient proof anyone violated laws that would result in a criminal conviction. However, a good number of these cases could lead to a successful damage claim by victims or families of victims seeking compensation. When a defendant cannot be held criminally liable for an auto accident, a civil lawsuit may not only provide compensation for a victim but may also be the only justice the victim gets. Rosenberg, Minc, Falkoff & Wolff can provide assistance in making a civil claim against a defendant for personal injury or wrongful death. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
FAQs about Summer Camps and Personal Injury in New York
According to statistics, there are over 12,000 summer camps in operation across the United States, including 5,000 day camps and 7,000 overnight camps. The summer camp industry makes a profit of more than $15 million a year. Over 6 million children in the country participate in some form of camp, whether it is day camp or sleep-away camp. 1.5 million people are employed as summer camp staff each year. Common Questions about Summer Camp Accidents Here is a look at some of the most commonly asked questions about summer camp accidents and injuries: Q1: What should I do if my child is injured while hiking or overnight camping? A: When going on a simple hike or an overnight camping excursion, you know that there are certain liabilities and risks that come with trekking in the wilderness. Generally, most people only anticipate risks that are foreseeable, such as sunburns, bug bites, poison oak and dehydration. But you should be aware of many other accidents that can take place. If your child was injured on a camp outing, you should consult a personal injury lawyer in New York who can determine if the summer camp your child went to had a duty of care, if that duty was breached and if your child’s injury was directly caused by that breach. If you can prove these, you can take legal action against the camp on grounds of negligence. Q2: My child suffered serious injury after slipping and falling at a pool at a summer camp. Can I sue the camp? A: The scenario mentioned above applies to a slip and fall injury at a poolside. If you want to win your claim, you need to prove to the courts that the camp had a duty of care that it breached, causing your child’s injury and significant loss to your family. This is why you should hire an experienced New York personal injury lawyer to help navigate the complex process of your case and win it. Q3: Can you legally enforce summer camp waivers? A: One of the first documents that camps give you to sign when you enroll your child is a waiver. This is an attempt to alleviate as much responsibility and liability for accidents and injuries to children as possible. In some cases, you can legally enforce these waivers, but bear in mind that depending on the circumstances of your case, they have their limits. Legal Help in New York for Summer Camp Accidents If you or a loved one’s child suffered serious injury in a summer camp accident caused by negligence, you should immediately get in touch with the reliable personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. Summer camps can be fun but they can also be your worst nightmare. You do not want to receive that phone call but if you do you need to be ready and think clearly. Hollering at the summer camp managers is probably futile and screaming at the hospital staff is certainly pointless and not helpful. You need legal help and this is where RMFW Law comes into the picture. You need to call us! We charge you nothing up front and we know how to win cases. What really happened? What is your side of the story? RMFW Law looks forward to hearing from you. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
Food Poisoning in NYC: You Need a Personal Injury Lawyer
According to a report by The Centers for Disease Control and Prevention, each year in the US, 48 million people get food poisoning out of which 128,000 need hospitalization while 3,000 die due to food poisoning. You should not take food poisoning in NYC lightly as the repercussions can be serious, especially if you require hospitalization. Symptoms of Food Poisoning Typically, symptoms of food poisoning tend to pass on their own after about a week or so. Some of the common symptoms include: Abdominal pain Nausea Stomach cramps Diarrhea Vomiting Fever However, food poisoning can take a nasty turn among infants, the elderly, children, and people with compromised immune system. Such individuals can develop complications due to food poisoning or experience such severe symptoms that it will become necessary to hospitalize them. This can take a toll on your financially and emotionally. Causes of Food Poisoning Food poisoning, as the name denotes, is foodborne and is caused due to bacteria and viruses, including E.Coli, Shigella, Botulism, Campylobacter, Salmonella, Listeria, and Norovirus. When you or your loved one gets food poisoning due to a restaurant, food distributor or grocery store, you have the legal right in NYC to sue the business as it is deemed as negligence and/or strict product liability. What are Your Legal Options for Food Poisoning in NYC? It goes without saying that if you are stricken by food poisoning, the business that sold the food to you can be held liable for not taking sufficient care to store or prepare the food. Or, it could be a strict product liability, wherein the food product sold to you was defective. In some cases, the business could have also breached warranty. Food poisoning cases in NYC require attorneys who are skilled in personal injury since you will be fighting to recover damages. Some of the damages that you can claim include lost income, medical bills, expenses you had to bear, emotional distress and the pain and suffering that you had to go through due to the food poisoning. If death occurs due to food poisoning, the family of the deceased has the right to file a wrongful death case against the business. Taking Legal Action for Food Poisoning You should consult a personal injury lawyer in NYC if the food poisoning has caused you to foot exorbitant medical bills, resulted in your missing work, and your illness is causing you and your loved ones a lot of distress. RMFW Law is a Dedicated and Sterling Law Firm For a dependable and reliable personal injury lawyer in New York, your search comes to an end at Rosenberg, Minc, Falkoff, & Wolff law firm. The firm and its attorneys have one of the best track records for personal injury lawsuits. Contact RMFW Law today at 212-344-1000 today to speak to one of our personal injury lawyers, who have extensive experience in food poisoning-related cases. You can rest easy knowing that your first consultation will be free. In fact, even in the future, you will not have to pay us a dime. If we win and/or settle the case, we just take a percentage of the amount which we will agree on before we even move forward. We are the finest personal injury attorneys for food poisoning cases in NYC. We have won millions of dollars for past clients, you too can be on this outstanding list. Give us a call, you have nothing to lose but perhaps lots to gain. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.
Should You Sue a New York Restaurant for Food Poisoning?
According to the Centers for Disease Control and Prevention, unspecified agents cause an estimated 38.4 million foodborne illness episodes each year in the United States. It estimates that 48 million people get sick, 3,000 die and 128,000 are hospitalized as a result of foodborne diseases each year across the country. It is also reported that food transmits over 200 known diseases, which are caused by bacteria, viruses, parasites, toxins, prions, and metal. Can I file a lawsuit against a restaurant for food poisoning in New York? This is a common question, but it may not be the one you should be asking when it comes to suing over food poisoning. If you became sick after eating at a particular restaurant, you might suspect that some factor related to the sanitation of the restaurant or something in the food caused you to get sick. And you might be right. However, when it comes to cases like these, the questions you should be asking are – do you have any proof that the restaurant is responsible for making you sick? And if you do, is the level of harm you suffered enough to actually justify spending the money and time to file a legal claim? Can You Prove that the Restaurant Caused Your Illness? A strong suspicion that a particular meal at a particular New York restaurant caused your illness is not enough. You need to prove that it did. But this can be difficult, especially if a significant time period has passed between that meal and your sickness. You need to consider if your illness was caused by something else – this is a question that you will be asked by the restaurant and anyone you have filed the lawsuit against. Could your illness have been a result of something else you ate? Could it just be a case of stomach flu? Even if you have evidence that could prove that the food from the restaurant was tainted, e.g. leftovers of the meal in a doggy bag, it is not likely that it is conclusive evidence. If the leftovers were tested and the presence of harmful bacteria in the food was revealed in the lab analysis, the restaurant can say that the food can become tainted after it left the restaurant. If your food poisoning case involves hospitalization or a life-threatening microbe like salmonella or E. coli, it may be a different story. You may be able to pursue a legal claim and get compensation for damages, including your illness, medical bills incurred due to your illness, pain and suffering, etc. Getting Legal Help for Food Poisoning in New York If you or a loved one has suffered from food poisoning after eating at a restaurant, you should immediately call the personal injury attorneys at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. You can discuss the merits of your case and we can decide if your case is viable or not. What do you have to say? We know how to win cases and we enjoy representing you if we believe your case has enough merit. We charge you nothing up front and we are paid only if we win. Call us today! Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.
BB Guns and the Law
A study has found that non-powder guns like BB guns, paintball pistols, and air rifles cause injury to as many as 21,000 people each year in the United States. According to an American Academy of Pediatrics' Committee on Injury, Violence and Prevention report, in 2000, an estimated 21,840 non-powder gun-related injuries were treated in hospital emergency departments nationwide – the majority were children aged 5 to 14. The Centers for Disease Control and Prevention reported that 19,163 injuries related to non-powder guns occurred in 2003. According to the United States Constitution’s Second Amendment, the people’s right to keep and bear arms cannot be infringed. This amendment is often cited by BB gun owners when they are arguing against local or state BB gun laws. Federal Laws on BB Guns Federal law puts restriction on who can possess, own or sell a gun. BB guns are included in some of these federal laws. The Brady Act is a federal law that prohibits business and personal ownership, possession and use of a BB gun if you: Were convicted of a crime that sent you to prison for over a year Illegally use, or are addicted to, any controlled substance Are a fugitive Are committed to a mental institution, or have been ruled mentally defective by a court Living unlawfully in the United States as an illegal alien Were dishonorably discharged from the US Armed Forces Renounced your citizenship, if you are a citizen of the US Were convicted of domestic violence in any court Are subject to a restraining order involving your intimate partner, the child of your partner, or children If you fall into any one of the categories or situations mentioned above, make sure that you consult a local attorney to find out if you can use, buy or own a BB gun. Legal Factors to Review There are a couple of legal factors that a legal counselor can review with you, including: What being charged with violating a federal firearms law or a state BB gun law means, which includes elements of the crime, defenses that can potentially be used and the length of a possible criminal sentence If you or someone you know is a victim of BB gun violence, whether it is possible to recover damages from the assailant/assailants and/or their employers Safety Tips for BB Guns Follow local and state laws on BB guns as well as federal firearm laws. If you sell or own BB guns, handle them with extreme caution and care. Check applicable state and local laws if you are planning to use your BB gun outside of your home state. If it is against the law, never allow children to play with BB guns. Even if it is legal, make sure that you train them properly on how to safely use BB guns and that there is adult supervision at all times. Do not use a BB gun after consuming alcohol or if you are under the influence of drugs. If you or a loved one has been seriously injured due to a BB gun, make sure that you seek the help of the skilled and experienced personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We want to see if your case is viable or not. If it is, we will lead the charge for you to obtain justice. We know how to win cases. You lose nothing by giving us a call. Call RMFW Law today! Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.
MIDDLE ISLAND: Melanie Lyons And Family Nearly Killed After Home Generator Gives Off Carbon Monoxide
FAMILY RECOVERING AFTER ACCIDENT THAT ALMOST ENDED IN TRAGEDY MIDDLE ISLAND, NEW YORK (September 9, 2016) – A woman and her entire family were nearly killed after a generator gave off carbon monoxide in her home, according to CBS New. Authorities have been able to identify the woman that was nearly killed as Melanie Lyons. Melanie Lyons and her family were forced to spend the night at a local hospital after the close call. Lyons was forced to carry her two sons to safety. She and her family were able to recover after spending time in a hyperbaric chamber. The family told CBS News that a storm knocked out power to their home on Tuesday. In order to get power, they borrowed a generator from a friend and placed it in their basement. The generator was turned on around 10:00 PM on Tuesday night and by 4:30 AM Melanie Lyons husband woke up in agony. It was at that moment that she made the connection that their was likely carbon monoxide poisoning. Our staff at the RMFW Law Firm would like to extend our thoughts and prayers to Melanie Lyons and her family as they recover from this accident. Generators can be extremely dangerous and are responsible for numerous deaths every year. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.
(UPDATE) BROOKLYN: Andrew Esquivel, MIT Student, Killed In Car Accident After Drunk Off-Duty Cop Crashes SUV Onto Sidewalk In Williamsburg
NYPD MAY BE LIABLE IN DEADLY CRASH BROOKLYN, NEW YORK (July 19, 2016) One person has died in a tragic car accident after a drunk off-duty cop crashed his SUV onto a sidewalk in Williamsburg, according to the NY Post. Authorities have been able to identify the man that was killed in the collision as MIT student Andrew Esquivel. Three other people were seriously injured in the crash. They have been identified as Divya Menezes, Sophia Tabachoun and James Balchaunas. Andrew Esquivel and the other MIT students were heading back to their apartment after getting off the train. The off-duty police officer was spotted swerving and speeding just moments before mounting the curb on Bedford Avenue by North Eighth Street. Witnesses describe the scene of the accident as chaotic. One person sustained a serious leg injury and another was pinned against a fence by the vehicle. Emergency medical workers rushed to the scene of the accident and later pronounced Andrew Esquivel dead. The intoxicated officer was arrested following the crash and charged with manslaughter. He was being held on a 300 thousand dollar bail and was later released after paying. The officer that was arrested had a number of pictures on his Facebook page of him with alcohol where he bragged about his drinking prowess. This isn't the first time that a drunk off-duty cop has caused serious injuries. The NYPD is currently being sued for 90 million after a drunk off-duty police officer violently attacked a random pedestrian with his service pistol and almost killed him. The lawsuit alleges, in part, that the NYPD's lax policies on alcohol abuse are what contributed to the attack. HELPING THOSE IN NEED BY RAISING AWARENESS If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm were heartbroken to learn about the fatal car accident in Williamsburg. It is outrageous that someone who swore an oath to serve the public and uphold the constitution would cause such destruction with their indifference for public safety. Our thoughts and prayers are with the victims and their families as they seek answers. If there is anything at all that we can do for them as they seek the best medical treatment or have questions about their rights, we would be glad to help 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.
BROOKLYN: Divya Menezes Seriously Injured In Car Crash After Drunk Off-Duty New York Police Officer Caused Pedestrian Accident In Williamsburg
New York City May Be Liable For Deadly Car Crash BROOKLYN, NEW YORK (July 16, 2016) Authorities have arrested an off-duty New York Police Officer after he caused a fatal car accident with his SUV that left one person dead and seriously injured three other people, according to the New York Post. Authorities have been able to identify the man that was killed in the accident as Andrew Esquivel. The collision took place early Saturday morning when the off-duty cop lost control of his SUV by Bedford Avenue and North Eight Street. The cop drove his car onto the sidewalk after swerving and speeding. One person's leg was severed and another pedestrian was violently pinned against a fence after the crash. Police were also able to identify a woman that was critically injured in the crash as Divya Menezes. A family member of the victim's said that at least three of the people that were injured were graduates of the Massachusetts Institute of Technology (MIT) and were currently living in Williamsburg. The two other victims have been identified as Sophia Tabachoun and James Balchaunas. Divya Menezes, Sophia Tabachoun and James Balchaunas were all rushed to the hospital following the accident in order to receive treatment. The accident on Saturday isn't the first time that an off-duty NYPD officer got drunk and caused mayhem. It is the latest in a long string of incidents. There is a 90 million dollar suit pending against the NYPD after an off duty officer got drunk and viciously attacked a random pedestrian with his service pistol. The man in the incident was nearly killed after being hit with numerous shots. Another man could have very easily died had he not missed the hailstorm of bullets. HELPING THOSE IN NEED BY RAISING AWARENESS If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. The RMFW Law Firm extends its deepest sympathies to the victims of this tragedy and their families. Our thoughts and prayers are with the family of Andrew Esquivel as they grieve. We also hope that Divya Menezes, Sophia Tabachoun and James Balchaunas are able to recover quickly from this horrific accident. Officers with alcohol abuse problems have no place in New York City or anywhere else. If there is anything at all that we can do for the victims as they attempt to get the best medical treatment possible or have questions about their rights, our phones are always on 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.