Excellent representation. Great people to work with. From start to finish they gave my case the attention it deserved. I am well pleased at the performance of the firm. Thanks to them, I am much, much better and happier now.
NYC Man Wins $101 Million Payout After Skull Injury at Jones Beach Event
A 36-year-old Long Island resident won a massive $101 million verdict after an accident at a 2013 concert left him with a life-threatening skull fracture. The organizers of the event, Live Nation, are legally obliged to compensate Mark Perez for past, present, and future sufferings, medical expenses, and lost earnings. Since the accident, Perez has undergone four brain surgeries and suffers from some permanent disabilities. A 36-year-old Long Island resident won a massive $101 million verdict after an accident at a 2013 concert left him with a life-threatening skull fracture. The organizers of the event, Live Nation, are legally obliged to compensate Mark Perez for past, present, and future sufferings, medical expenses, and lost earnings. Since the accident, Perez has undergone four brain surgeries and suffers from some permanent disabilities. How the Incident Happened On June 26th, 2013, Perez was setting up the Best Buy booth at the Jones Beach Marine Theatre in Wantagh when a forklift hit the 10-foot tall structure, resulting in a horrendous fall. The injuries sustained included a skull fracture that required immediate medical attention, and Perez had to undergo surgery on the same day. Initially, doctors declared that he only had a 10% chance of survival. Fortunately, he manages to pull through. The Aftermath The long-term and short-term effects of the accident were agonizing for Perez, to say the least. Even after four brain surgeries, he suffers from memory loss and requires constant care. Moreover, he will most likely need multiple more brain surgeries and is two to three times more susceptible to degenerative conditions, such as Parkinson’s disease, early-onset dementia, and Alzheimer’s. To make matters worse, the accident even resulted in a split-up with his long-time girlfriend. Later in 2013, Perez filed a personal injury lawsuit against Live Nation, the promoter organizing the event where he was injured. The injury attorney representing Perez had been handling the case ever since. Live Nation offered a $31 million settlement just a week before the trial started in Oct. 2013, but Perez chose to reject the offer. In 2016, a judge declared Live Nation liable for the injuries sustained by Perez in the accident. However, a jury was to decide the final payout. Finally, in Dec. 2019, the $101 million verdicts were announced, and the trial was officially concluded. Perez has publicly stated that he is grateful to the justice system. Live Nation and its legal representatives declined to make any comments. The Legal Aspect An accident that causes serious injuries or death is a matter that needs to be addressed from a legal standpoint. If you or any of your family members have ever been in an accident that was caused by someone else’s actions, you have the option to contact an injury lawyer for advice. Most legal professionals would say that pressing charges against the responsible party would be the right course of action because you’re entitled to fair compensation for your suffering. If you choose to file a lawsuit, having a good personal injury lawyer or wrongful death attorney by your side will give you a good chance of getting a fair verdict. However, these lawsuits can be very tricky, which is why it’s essential to hire an accident lawyer who has experience in cases similar to yours, whether it’s a burn injury lawyer, car accident attorney, pedestrian injury lawyer, or any other specialized accident lawyer in NYC. 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.
Street Sweeper Personal Injury Claims in NY: A Short Guide
Keeping the roads of a busy and bustling city clean is no small task. New York City’s Department of Sanitation achieves this through the use of street sweepers. Considering their huge size, these machines require a lot of space and if you are not careful around one of these vehicles, you may find yourself hurt in an accident that has devastating consequences. If the accident involving a street sweeper is found to have been caused due to the negligence of the person driving it, the city can be considered at fault for the incident. Keeping the roads of a busy and bustling city clean is no small task. New York City’s Department of Sanitation achieves this through the use of street sweepers. Considering their huge size, these machines require a lot of space and if you are not careful around one of these vehicles, you may find yourself hurt in an accident that has devastating consequences. If the accident involving a street sweeper is found to have been caused due to the negligence of the person driving it, the city can be considered at fault for the incident. What are the Likely Causes of a Street Sweeper Accident in NYC? Street sweepers consist of a mechanical broom that helps to move debris towards a central area where it is collected by the use of vacuum. The collected debris falls into a bin that is positioned on the street sweeper itself. The machine uses either air or water that is forced onto the street in a swirling manner to help loosen the debris on the road and sidewalk. This makes it easier for the broom to collect the debris. Street sweepers move across the streets of New York City at different hours of the day beginning from early morning and continuing until the early evening. If these vehicles are operating in an area where the roads are congested with traffic, especially during rush hour, there is a greater probability of them being involved in an accident. People rushing to get to their workplace on time often speed around street sweepers and if they are not noticed by the driver of the machine, the result can be a nasty collision. If you or someone you love has suffered injuries due to another’s fault, you should speak to an experienced street sweeper accident lawyer in New York at the first opportunity. The most common causes of accidents involving street sweepers are as follows: Careless driving When drivers on the road are careless and speed, tailgate, turn without using blinkers or drive through red lights, they are very likely to cause accidents due to their recklessness. Other drivers on the road who don’t expect such carelessness may be unable to prevent a crash even if they are driving very carefully. Distracted driving Some drivers use their phones to call their supervisors for instructions or convey information; others use them to navigate to a particular place and yet others may use their phones to catch up on their personal calls or texts or social media feeds. If the attention of a driver operating a street sweeper is diverted from the road for even a small moment, the result may be a horrifying collision with other vehicles on the road. Driver fatigue Street sweepers operate on a changing schedule that may disrupt the sleep patterns of the drivers. A driver who has not had sufficient sleep will show up to work exhausted and their fatigue may lead to a slowing of reaction time, reduce their motor coordination and also affect their ability to make split second decisions, all of which are critical to avoid accidents. Lack of driver training A street sweeper is a huge and heavy vehicle and has several blind spots. Driving the vehicle while operating the cleaning tasks is not an easy job and calls for a lot of skill. Unless a driver is sufficiently trained, they may not be competent in operating the vehicle safely, and are likely to cause an accident. Equipment malfunction Some street sweeper accidents in New York may also be caused due to a malfunction of the vehicle. This is likely to be a result of the defective parts in the equipment or inadequate maintenance of the street sweeper by the Department of Sanitation. What are the Consequences of a Street Sweeper Accident in New York? The large size of the street sweeper can cause severe damage even if the vehicle has not been moving at a high speed at the time of collision. The most common injuries that may occur in New York street sweeper accidents could involve: Sprains Dislocations Fractures Neck and spine injury Traumatic brain injury Organ damage Internal bleeding Paralysis Loss of limbs The more severe injuries may have a serious impact on your physical and emotional health. You may be unable to go to work and this could affect your finances too. If you have been hurt in a street sweeper accident in New York, it is critical that you file for damages to compensate for the losses you have suffered due to the negligence of another party. A competent personal injury attorney in NYC with experience of dealing with street sweeper accident lawsuits can help you get the compensation to which you are entitled under New York law. Who is Liable for a Street Sweeper Accident? Street sweepers in New York are generally operated by employees belonging to the Department of Sanitation. The Department posts signs at different parts of the City informing people about the places that will be covered by the street sweepers during the week at a given time. This ensures that people part their vehicles accordingly so as to not block the way of the street sweeper. When it comes to street sweeper accidents, merely proving negligence by the usual standards of any other road accident will not suffice. If you have been hurt in an accident caused by a street sweeper operated by the City, to hold either entity liable, you must prove that the driver of the vehicle or the city was reckless in its action. In the rare case of a privately owned or operated street sweeper causing your accident, the company that owns or operates the vehicle can be held liable for injuries that result from negligence. What Damages can you Claim for Street Sweeper Accident Injury? If you have been hurt in an accident caused by a street sweeper, you can claim damages for all the expenses or losses you suffered due to the event, such as: Medical treatment Therapy or rehabilitation Damage to property Lost wages Pain and suffering Winning this claim is not an easy task, though. Only a skilled personal injury lawyer who has experience with handling previous cases of street sweeper accidents can help you build your case to be able to prove recklessness of the driver of the vehicle or on the part of the city. A Few Examples of Street Sweeper Accidents in NYC Street sweeper accidents may occur due to collision with a vehicle or due to mechanical faults in the operation of the cleaning brooms. Here are a few examples of street sweeper accidents in NYC over the past few years. In one incident, a street sweeper slammed into a man because the operator didn’t put the machine in park mode before taking his foot off the brake. The victim was crushed to death in the shocking accident. His widow brought a lawsuit against New York City and the family won over $40 million in damages. A man’s Jeep was struck by a street sweeper in the Bronx while it was sweeping. The driver of the street sweeper insisted that the man had been driving in the central lane and abruptly moved to the right. Plaintiff claimed that the street sweeper struck him as he was pulling into the street from the right curb. Plaintiff won a $1,500,000 settlement before the case went to trial by jury. During a routine sweeping operation, a sanitation worker tried to dislodge a truck tire that had got sucked into the street sweeper. Although he had turned the sweeper off, the pressure that built up inside pulled in his arm when he tried to move the tire. This accident resulted in a fracture of the humerus bone of the arm. Talk to a Dedicated Personal Injury Lawyer in NYC Major accidents involving New York City street sweepers can cause injuries that put an end to your lifestyle as you knew it before the accident. Besides the immediate medical treatment, you may be looking at grave injuries that cause permanent disability or affect your ability to earn a livelihood and provide for your family. Personal injury lawsuits brought against municipalities are far more complex than litigation in case of a typical car accident. The time frame for filing the injury claim is far lesser too, and if you fail to meet the strict rules regarding the filing, you may lose your right to recover damages. To make sure you win the compensation that is your due, it is vital you hire the best personal injury attorneys in NYC who have decades of experience in aggressively pursuing cases against the city. If you or a loved one has been injured in a street sweeper accident in New York, get in touch with our experienced attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP. With our network of resources and experts in the medical, investigational, and financial fields, we can help you build a case that is strong enough to win you the highest compensation to which you are entitled. Call us today at 212-344-1000 or contact us online for a free and confidential 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.
Bicycle Accidents in New York Can Cause Serious Injuries
Bicycles are the primary mode of transportation for most people. Many prefer riding bicycles for exercise and fun as well. There are several injuries that can happen to bicyclists while riding. A significant amount of these injuries is attributed to head injuries, but there are several other severe injuries as well. Few of these injuries may turn out to be life-threatening depending on specific circumstances. Bicycles are the primary mode of transportation for most people. Many prefer riding bicycles for exercise and fun as well. There are several injuries that can happen to bicyclists while riding. Significant amount of these injuries is attributed to head injuries, but there are several other severe injuries as well. Few of these injuries may turn out to be life-threatening depending on specific circumstances. Avoiding Serious Injuries in New York Bicycle Accidents It is a good thing that people are taking up cycling as a hobby and a way of life in a big way, given the many obesity-related health problems plaguing the country. Cycling is great as cardio and can go a long way in keeping blood pressure, weight, and cholesterol under control. However, people need to be cautious while riding a bike, especially on busy streets. It is important to remember that nothing separates the cyclist from the road. This is why wearing a helmet and other protective gear is important. Helmets can help reduce the risk of a fractured skull and traumatic brain injury. Next, everybody needs to ensure they pay attention to their surroundings. Drunk and distracted driving continues to play a major role in bicycle accidents in New York. The consequences of a bicyclist colliding with a motorist can be disastrous. Lastly, it is vital that riders avoid cycling at night as much as possible. In necessary cases, they should equip their bike with reflectors or a flasher and wear brightly colored clothing. This is to help other people see them. Chances of Spleen Injury in Bicycle Accidents People think that once you learn how to ride a bicycle, you can never forget it. However, there is always a strong likelihood of meeting with an accident regardless of how long you have been riding your bicycle. The spleen is under the rib cage on the left side of the human body. Ribs help in protecting the spleen to a great extent, but they are in no way invincible. It is easy to fly over the handlebars while falling off a bike. The handlebars can cause significant impact underneath the ribs to cause a spleen injury. Such injuries can also take place when someone gets thrown on to the pavement. Landing on a ridge or on a rock on the right side of the rib cage can result in a spleen injury too. Pain in the right side of the rib cage is a primary sign of spleen injury. Generalized abdominal pain and bleeding are other signs. People with mononucleosis are at an enhanced risk of developing spleen injuries because the virus tends to enlarge the spleen. This makes it a larger target. It may also cause the spleen to rupture on impact. Spleen Injury Treatments in NY Bike Accidents Spleen injuries are one of the few traumatic injuries that get overlooked in case of bicycle accidents. Splenic injuries can be quite serious, which makes it important to understand the basic characteristics. There are several treatment options that can be considered when someone sustains a spleen injury. The first thing that needs to be ascertained upon sustaining a spleen injury is whether the spleen ruptured or not. Pain is common even when the spleen has not ruptured. However, it becomes a consideration in people that develop a large bruise under the right side of their rib. Feeling lightheaded, cold, clammy with failing blood pressure are indicators of a ruptured spleen. Victims require emergency medical attention if there is a possibility the spleen may have ruptured. It can cause the person to develop internal bleeding and bleed to death in a rapid manner. The individual requires to be transported to a hospital quickly so that their spleen patency can be assessed. In case, it is established that the spleen has in fact ruptured, the victim shall be rushed to the operating room where life-saving surgical repair would have to be carried out. Bicycle Accident Can Cause Liver Damage The liver is an appropriately named organ being one of the most important parts of the body. It serves several vital functions and helps the human body in regulating nutrient levels in the tissues and bloodstream. The liver is also something that may get damaged in traumatic accidents, such as bicycle accidents. In a recent interesting case report presented by a team of doctors to the hospital, a young teenager was found to have serious lacerations of the liver. The teen was riding down the local road on his bicycle when a car abruptly pulled out in front. The teen collided with the car’s hood and flipped over the bike’s handlebars. He landed on the car’s hood with extreme force. The driver of the car immediately exited the vehicle and called emergency personnel. First responders quickly evaluated the teen required medical attention and transported him to the local hospital in an ambulance. He was evaluated for blunt force abdominal trauma. The physicians were concerned about the internal rupture of organs. They ordered an imaging scan which showed his liver had serious lacerations with a potential capsule rupture. He has quickly transported to the operating room for exploratory surgery. His liver was repaired and the bleeding stopped. He was taken to recovery afterward where his bruising healed eventually. The bruising took a long time to heal, but he did recover. Recovery and Treatment of Liver Injuries Liver damage is a common abdominal injury for cyclists. Unfortunately, unlike kidneys, chronic liver failure does not have the option of dialysis as a treatment. Alcoholism and hepatitis are the two most common causes of liver damage. However, traumatic liver injuries prove to be a serious concern as well. When presented with bruising of the abdomen, it is important for doctors to ensure there is no concern for the rupture of internal organs. Emergency surgery becomes necessary where there is a rupture to repair and stop the leakage of bodily fluids, such as blood into the abdominal cavity. In case of no rupture, the victim is required to give rest to their abdomen, so that it can heal on its own. This can take anywhere from a few days to weeks. They may even have to go several days without ingesting food. The patient in such a situation shall receive essential nutrients artificially through intravenous transfer. Common Abdominal Injuries in Cycle Accidents Pancreas These can be injured when there is massive trauma to the abdomen following a bicycle accident. The pancreas is often injured when the bicycle rider hits the handlebars hard after colliding into an object. Doctors examine the pancreas to search for fluid around it. Kidneys Your rib cage partly protects your kidneys. But, it can still get injured in a traumatic accident. Contusions and lacerations are possible. Bloody urine is a common indicator of kidney injury. It is possible for the urine to leak into the abdomen as well. Small Intestine The small intestine usually gets injured in a penetrating injury. This organ is a major part of the viscera. Bowel perforation is a major problem with air showing up on a CT scan or a plain film. Bowel injuries may result in bowel abscess or obstruction, requiring surgery. Look for vomiting, nausea, fever, or blood in the urine to identify an abdominal injury. These are some other signs: Vertebral injury Abdominal distension Abdominal pain and tenderness Rigidity to the abdomen Abdominal guarding Lack of bowel sounds Pneumoperitoneum Rib fractures Evisceration in penetrating trauma Abdominal wall injury Hospitalization is Imperative in Serious Bicycle Injuries You may end up with exorbitant medical bills if you are required to spend a significant duration in the hospital following any serious injury. You may end up scrambling at rope ends to keep your household expenses together while facing time off work. It can get difficult (financially, mentally, physically, and emotionally) when facing a serious bicycle injury. Legal consultation from attorneys that are both skilled and compassionate can help you figure out a way to keep your family expenses together. You can understand your options for paying your bills, dealing with the stress of your injury, and going where everyone needs to go. All you need to do is ask for help. There are several help groups and legal firms that are willing to listen. Do not be hesitant in asking an experienced bicycle injury attorney for help. Legal Aid for Severe Bike Accident Injuries in NYC Recovering from your bicycle-related injury is not the only hurdle you need to overcome. You need to focus on many other issues, especially if filing a claim. This includes: Visiting the accident scene Reviewing the accident report Interviewing witnesses Insurance claims Looking over physician documents and medical records Assisting with logistical issues Making phone calls Completing paperwork It can get challenging for families sometimes to make ends meet after a serious bicycle accident in New York. The skilled and qualified bicycle accident attorneys at Rosenberg, Minc, Falkoff & Wolff LLP can help families examine their available options. We take care to remove the stress from filing a lawsuit so that you can focus on the important task of helping your loved one recover. Get in touch with us today by calling us at 212-344-1000. Schedule a free, no-obligation consultation with us today! We know how to win cases – we’ve been doing this for a while! 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.
Pedestrian Accident Bone Fractures And The Impact on Victims
Pedestrians do not have the safety or protection of cars when involved in a car accident. In fact, they don’t have any protection at all, which is why pedestrian accidents have broken bones as the most common injury. 3,000 pounds of steel and other metal colliding into an unprotected human being can result in exceptionally serious injuries, especially in the hip and leg region. Pedestrians do not have the safety or protection of cars when involved in a car accident. In fact, they don’t have any protection at all, which is why pedestrian accidents have broken bones as the most common injury. 3,000 pounds of steel and other metal colliding into an unprotected human being can result in exceptionally serious injuries, especially in the hip and leg region. Injuries sustained may include broken hips, tibia, femur, knees, fibula, arms, ankles, wrists, and elbows. Often, pedestrians also suffer from brain and head injuries from the contact and the impact of being thrown on the ground or car. It is vital for victims and their loved ones to consult with a New York pedestrian accident attorney because of the inherent severity of injuries involved. This can help increase the likelihood of receiving compensation by hiring experienced representation. While no amount of money can every truly compensate for one’s pain and suffering, adequate compensation can go a long way in relieving the financial burden of exorbitant medical bills. Broken Bones May Result in Loss of Income Bone fractures are serious injuries and often require surgery for proper healing. It can take anywhere from weeks to months for bones to set properly. The healing period depends on a person’s age, general medical condition, and location and type of break. Almost everyone relies on their legs and arms to perform daily chores and tasks. Some may even require dexterity in their limbs, such as surgeons, or the ability to move and lift things, like construction workers. Broken bones can make it challenging to return to the same level of activity as before. In addition, mounting medical bills can make it more difficult to survive since the victim may have a loss of income. For instance, waiters, nurses, dentists, restaurant workers, retail workers, and other professionals may not be able to return to work till after their recovery period is over. Insurance companies are notorious for low-balling clients with significantly low settlement amounts. They rarely, if ever, offer reasonable compensation to cover loss of income and future medical expenses. Even if they do offer compensation for pain and suffering, their amount will be a token offer to prevent you from seeking legal help. Insurance companies in New York know that lawyers will do everything they possibly can to acquire the maximum compensation a victim is entitled to. Proper Diagnosis of Pedestrian Accident Victims is Vital Physicians always start by ensuring a proper diagnosis, especially when the victim of pedestrian accident suffered multiple injuries. X-rays may be reliable in diagnosing certain bone fractures, such as in femur and tibia. But, they are not the best tool for identifying other injuries associated with fractures. Your physician may want to employ an MRI or an ultrasound scan to determine the presence of other injuries or complications. Accident patients often have ruptured internal organs that may leak fluid into the abdominal cavity. Ultrasound scans can pick up such injuries while minimizing radiation. MRI may be required for patients with spinal and brain injuries. Research on Fracture Injuries Sustained by Pedestrian Accident Victims Significant traumatic injuries can occur in pedestrians that get hit by a car. This includes trauma to long bones in the legs, spinal cord, and abdominal organs. Polytrauma and wrongful death is also a possibility depending on the size and speed of the motor vehicle. Injuries get even more traumatic when pedestrians are thrown on the ground because of the impact. A study revealed that the patient’s age plays a major role in the status of their injuries after being involved in a car accident. The study involved patients that were injured between the years 1995 and 2006. Results revealed that of the 6,600 to be analyzed: Close to 20% had tibia fracture About 30% has femur or tibia fracture 7% had femur fracture 3% fractured both femur and tibia Mortality rate was found to be significantly higher in victims with fractures in the extremities. Close to 20% patients that had fractures in their femur and tibia passed away. Bone Fractures Severely Impact Mobility and Routine Activity Broken bones can prove to be disabling and debilitating where mobility is concerned in victims of pedestrian accidents. Mobility gets particularly restricted if the person broke his femur or tibia or the dominant arm. The pedestrian accident victim in New York may need to undergo surgery if the break is severe. Such injuries can leave a person feeling dejected and frustrated since they may be unable to perform normal functions, like cooking, cleaning, grooming, and bathing. Such restrictions can prove to be disabling for a long time till gradual recovery can allow for activities to be resumed. Broken bones can also impact a person’s ability to earn income. Severe restrictions and lack of mobility may cause extended absence from their place of employment during recovery. For instance, the victim may be restricted to crutches, walker, or a wheelchair. These restrictions can make it difficult for the accident victim to get to work, much less perform their job in the same capacity. In addition, the injured party may never be able to resume normal activities or return to their employment depending on the seriousness of the fractures and injuries. They may not be able to pick up any other similar type of work as well causing a gap in employment. Broken bones are among the most painful injuries sustained in a pedestrian-car collision. These injuries and corresponding pain tend to stay for a long time. Expenses Related to Broken Bones Broken bones suffered by pedestrian in car accidents can be anything from single fractures, to hairline and multiple fractures. It may also include compound and skill fractures. While most fractures can be treated with minimal care, certain bones require surgical intervention to set properly. The victim may need to be hospitalized during the recovery period. Generally, fracture surgeries require to be followed by physical therapy, orthopedic care, rehabilitation, and lengthy recovery period. This can quickly add to the medical bills required for necessary treatment. It can only be hoped that the injured party can have their medical bills and treatment costs covered by health insurance. Even so, there may be copays, deductibles, and out-of-pocket expenses to consider. In case you recover compensation, the health insurer may be entitled to repayment of costs associated with the injuries and liens resulting from the incident. Victims don’t just suffer pain from the accident and resulting trauma. When broken bones are involved, patients undergo massive pain during the surgical and rehabilitative period as well. Doctors manage this pain by prescribing strong pain medications. Still, recovery can be painful, expensive, and lengthy. There are three types of pains involved in bone fractures: Acute pain is immediate when the bone breaks Sub-acute pain persists for the first few days or weeks while the soft tissue and bone are healing Chronic pain continues even when the soft tissue and fracture has healed Recovery of Economic Damages for Covering Medical Expenses in New York Pedestrian victims always bear the maximum brunt of the impact when involved in an accident with a truck or a car. In most cases, injured party sustains catastrophic and significant injuries requiring extensive healthcare and medical treatment. This can lead to significant expenses in the form of medical bills and expenses. Injured pedestrians in New York may also suffer life altering physical impairments. These may restrict their ability to carry out their job duties resulting in a significant and immediate loss of earning capacity and income. Economic damages may be awarded for objectively verifiable monetary losses in order to compensate the victim financially. These damages can include loss of employment or business opportunities, loss of past and future earnings, costs of repair or replacement, past and future medical expenses, loss of use of property, and the economic value of domestic services. Compensation for Non-Economic Losses in New York Non-economic losses are also real, including mental anguish and pain suffering. These losses involve diminished quality of life and the inability to take part in favorite past-times and hobbies. Injuries can also affect the lives of loved ones and family members that shared those activities. Victims may be entitled to compensation for these non-monetary damages in addition to receiving compensation for lost income, medical expenses, and other economic damages. Non-economic damages are usually awarded to financially compensate non-monetary and subjective losses, such as emotional distress, loss of society, pain, suffering, loss of consortium, inconvenience, and loss of companionship. Consult with an Experienced Pedestrian Accidents Lawyer in NYC The lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have decades of experience representing victims of pedestrian accidents in New York. We have the experience, knowledge and skill that are acquired after dealing multiple cases over the years. You can count on us to see your case through settlement negotiations into a jury trial if needed. The dedicated attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are just a call away. Give us a call today at 212-344-1000 to schedule a free, no-obligation consultation and case review with an experienced and knowledgeable pedestrian accident attorney. 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.
Types of Bone Fracture Injuries That May Occur in New York
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.
Liability For Daycare Injuries to Your Child in New York
Parents in New York City often have to use the services of a daycare provider to care for their child. When doing so, they trust that the center will provide responsible care and ensure that the child does not suffer any hurt. Unfortunately, some daycare facilities do not live up to expectations and negligence of daycare centers is one of the significant causes of injuries and even death of young children. Parents in New York City often have to use the services of a daycare provider to care for their child. When doing so, they trust that the center will provide responsible care and ensure that the child does not suffer any hurt. Unfortunately, some daycare facilities do not live up to expectations and negligence of daycare centers is one of the significant causes of injuries and even death of young children. Having a child injured in a daycare accident can be a huge shock for the parents. The first priority in such situations is always to provide adequate medical care to deal with the injuries the child has suffered. However, it’s vital for families caught in such a situation due to negligence of the daycare center to take all legal measures possible to pursue claims against the service provider. A competent and skilled daycare injury lawyer in New York can help such parents establish accountability of the daycare provider and recover compensation for the injuries sustained by the child. Possible Injuries at Daycare Facilities in New York Although daycare facilities in NYC have employees whose primary responsibility is to care for the children, it is still possible that a child may be left unsupervised for a short time. Some employees may not take their responsibilities very seriously and neglect their duties or fail to provide adequate supervision. In such circumstances, children may suffer playground hurts, or have a fall or ingest toxins. The negligence of an employee at a New York daycare facility can lead to a serious injury to children at the center. Generally, younger children, whose coordination skills are not as developed, are more likely to be hurt compared to older children. If the childcare supervisor leaves the room, children will take the opportunity to climb a higher surface, and this can lead to a fall. If a child tries to use play equipment in the absences of a supervisor, they may accidentally end up hurting another child who is close by. When a childcare worker steps aside for a moment, a baby on the changing station may slip down or fall. In other words, the ineptness of a daycare worker is often the cause for injuries that children suffer at the daycare facility. Several daycare service providers take all necessary precautions to provide safe and high quality care to the children they take in. However, data from the US Department of Health and Human Services shows that in 39 states of the USA, every year, more than 5,000 daycare service providers are found to be liable for child neglect or even abuse. New York Law for Daycare Negligence Under the law in New York, an individual who fails to act to provide the legally necessary degree of care for a given situation is considered to be negligent. Negligence may be of three types based on the circumstances – imputed, contributory, or comparative. When caregivers at a daycare facility provide less than the reasonable standard of caring behavior, it may lead to children being injured or even killed. Unsafe premises, lack of sufficient maintenance of the play areas and equipment, committing acts of violence or abuse against a child and exposing children to dangerous persons or violence on the premises are all examples of negligence by daycare facilities, for which they can be sued. A competent daycare injury lawyer in New York City can help to identify such cases of negligence and help parents get the rightful compensation they deserve. What Constitutes a Case of Daycare Negligence? An injury to children can be shocking for parents, so it’s natural for them to blame the daycare facility. However, not all cases of injury can be attributed to daycare employee negligence. A child who falls while playing on the playground or a kid being hurt in a minor scuffle while playing a contact sport are examples of an ordinary injury; such instances do not constitute negligence. You may have a valid case of negligence by a New York daycare center if your child is subjected to the following: Not given food or water on time Not given medication that is due, or given excess medication or given the wrong/inappropriate medication Denied access to the restroom Diaper is not changed the entire day Left alone when crying instead of being comforted Allowed to leave the premises without supervision Left with older children without supervision Kept in a building that does not comply with local building codes Put into a situation of danger Determining if you have a negligence case can be a complex process. So it is crucial that you seek guidance from an experienced child injury attorney in New York City who can help you decide whether to file a civil lawsuit or a claim to get the compensation you deserve for the suffering your child underwent. Common Children’s Injuries in Daycare Negligence Cases Some of the most common injuries that children suffer due to negligence by a daycare service provider include the following: Brain injury Spinal injury Scarring and disfigurement of the child Injury due to defective products Choking or fractures caused by toys with poor design Child molestation Sexual abuse of the child Playground or amusement park injury Dog bite Premises liability Crib injury or crib death due to negligent caregivers Drowning Injury in a car or automobile or school bus accident Wrongful death Outcomes of Child Injuries in a Daycare Accident When a child is injured in a daycare facility, there is a need to provide medical attention for the physical injuries suffered. Because young children have impressionable minds, there is also often a psychological component of the injury that must also be considered. Some accidents or acts of abuse or molestation can cause severe emotional scars that need years of counseling and therapy for the child to overcome. If the daycare injury has led to a physical deformity or disability, it can pose a challenge to the quality of life for not just the affected child, but for the entire family. Severe injuries that lead to hospitalization or the need for lifelong treatment or rehabilitation take a toll on the finances of the family. Disability or deformity caused by the accident may require the family to make alterations to their house for the benefit of the child’s health. The nature of education that the affected child requires may also change, posing a further challenge to the financial resources of the family. An experienced child injury attorney in New York can help you claim compensation from the responsible parties whose negligence has resulted in your child’s injury. Who is Responsible for Child Injuries in a Daycare Facility? When parents leave their child with a daycare facility, they trust all the employees there to care for their child as promised. However, the negligence of any one of the daycare team – a babysitter, a teacher, a supervisor, the daycare provider – can lead to an injury. In some cases, daycare facilities use products or services that are considered safe. However, if these are not manufactured, installed, or maintained in the proper manner, the concerned entities can also be held responsible for the injuries sustained by your child. Daycare facility owners often try to deflect the blame of an injury to the actions of the child in a bid to escape responsibility. Their insurance service providers may seek to convince you to accept some monetary settlement instead of filing a claim for damages. It is vital you remember that any such arrangements will almost definitely be far lesser than the damages you are entitled to under the law. An experienced and competent child daycare accident attorney in NYC can help you pursue your legal claims to get the compensation to which you are legally entitled. Speak to an Experienced NYC Child Injury Lawyer Today If your child has been injured by the negligence of a daycare service provider, or due to a defective product on their premises, the daycare facility can be held responsible for the injury. To find out the compensation to which you are entitled under the law, get in touch today with our experienced child injury attorneys in NYC at Rosenberg, Minc, Falkoff & Wolff, LLP at 212-344-1000 to schedule a free consultation. With several decades of experience in dealing with cases of negligence and wrongful death by daycare centers in New York City, our team of lawyers can help you build your case in the most effective manner. Depending on what are the specific requirements in your child injury case, we will help you deal with insurance providers, get your child the best resources for recovery, and hire experts in child health to testify in your case. Having a child injured due to negligence of a daycare facility you trusted can be a traumatic experience for parents. Get in touch with our team of New York daycare accident attorneys today to ensure that you get the compensation you rightfully deserve for all the suffering and losses your family has undergone. 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.
Burn Injuries in New York: Do You Have a Case For Damages?
Exposure to heat, chemicals, electricity, or some types of radiation can cause tissue damage. If this type of damage causes tissue death, the injury is considered a burn injury. Burn injuries are far more common than most people realize and they are known to be a major cause of unintentional injuries that may even lead to death. Data from the CDC shows that about 1.1 million Americans suffer burn injuries that are serious enough to warrant medical attention. Exposure to heat, chemicals, electricity, or some types of radiation can cause tissue damage. If this type of damage causes tissue death, the injury is considered a burn injury. Burn injuries are far more common than most people realize and they are known to be a major cause of unintentional injuries that may even lead to death. Data from the CDC shows that about 1.1 million Americans suffer burn injuries that are serious enough to warrant medical attention. The severity of a burn injury depends on the type of burn sustained as well as how large or small an area has been affected by the burn. Burn injuries can be very painful and more serious injuries may often cause disfigurement or even permanent disability. If you have sustained burn injuries that have been caused due to the negligence of someone, you may be eligible to claim for damages through a personal injury lawsuit. What are the Common Causes of Burn Injuries in New York? Burn injuries are caused when tissue gets exposed to heat or electricity or certain chemicals. These injuries may occur at home, at the workplace or during a road accident. The common causes of such injuries include the following: When you accidentally come into contact with a very hot surface, it can cause contact burns. Direct contact with a flame or fire can lead to flame burns. Coming into contact with steam or liquids at a very high temperature may cause scalds. Accidental contact with electric current can lead to electrical burns. Corrosive materials such as alkalis and concentrated acids can cause chemical burns. If you are caught in an explosion caused by flammable liquids or gas, the heat generated in the explosion causes flash burns. Occasionally, being exposed to an intense light flash may also result in a flash burn. Inhaling irritant vapors or smoke can lead to an inhalation burn. Contact with hot grease may cause grease burns. All these type of burns may occur during the course of a motor vehicle accident or in hazardous work environments. They may also take place during the course of an explosion or an accident at a construction site. Sometimes, a defective product may lead to a burn injury and in rare cases of medical procedures that involve the use of heat, chemicals or radiation, such injuries may arise due to medical negligence too. What are the Different Degrees of Burn Injuries? Based on the severity of the burn and how deeply the skin has been harmed, burn injuries may be categorized into four degrees with first degree burns being the most superficial and fourth-degree burns causing the deepest tissue damage. First Degree Burns: They are mild because they only affect the outermost skin layer called the epidermis. The skin turns red and painful but then quickly heals after around three to five days. No blisters appear, and no scars are left after the tissue heals completely. Second Degree Burns: They are deeper than first degree burns and penetrate beyond the epidermis to the lower skin layer called the dermis. The affected area develops swelling, blisters and reddening of the skin. The skin sometimes appears wet or shiny and may thicken. Such burn injuries may lead to scarring or a change in skin color if they have caused deep injury. Healing from a second-degree burn will take a longer time and it may be two to four weeks before the skin grows back and heals. If infection sets in at the affected area, healing will require more time. Third Degree Burns: These burns are far more severe and along with the dermis and epidermis, the subcutaneous tissue below the skin is also damaged. The skin takes on a charred, black, dark brown or white, waxy color and turns thick and develops a leathery texture. The nerve endings get damaged and this means there is no sensation of pain in third-degree burns. Due to the extensive skin damage, grafting may be necessary for healing. Fourth Degree Burns: These are the most intense burns possible that damage not just the skin and nerves but also the tendons and muscles and perhaps even the bone. Severe infections may set in and even the joints may be affected. Fourth-degree burns cause permanent damage that cannot be reversed and the damaged part of the body often has to be amputated. Landlord Negligence can Lead to Burn Injuries Landlords are responsible to ensure that the homes they rent out meet the specified laws for fire safety to keep their tenants safe. These regulations provide guidelines for the placement and use of fire extinguishers, smoke detectors, sprinklers, and other fire safety devices. Landlords must ensure that: Electric wiring on the premises is installed in a safe manner and maintained in a suitable condition. There is a sturdy and safe fire escape provided on their property. Smoke alarms are available on the premises and located at appropriate places. Escape routes in shared areas of premises are kept clear for use in a fire emergency. Fire extinguishers are available on the property and they are regularly serviced and in working condition. Who is Liable for Your Burn Injury in New York City? If your landlord has not made arrangements for fire safety in keeping with NYC fire code regulations, they may be held liable for any burn injuries you suffer in a fire on their premises. If your burn injury has been caused due to the negligence of a landlord who has shirked their responsibility regarding fire safety, you must get in touch with a personal injury lawyer to understand the legal options available to you to claim compensation for the damage you suffered. Equipment such as smoke detectors and fire extinguishers are critical to keeping a property safe. Sometimes, despite these products being installed on the premises, they may fail to work as intended in the event of a fire and cause burn injuries that may be fatal or life-threatening. In such cases, it may be possible to hold the manufacturers of these products also liable for your burn injury. If your burn injury has occurred during the course of a motor accident, anyone who is found to be at-fault for the accident can be held liable for the loss you suffered. Similarly, any person whose negligence has caused your injury can be considered responsible for it. This may include building owners, manufacturers of defective products, and employers of the negligent person who caused an accident, a government agency that did not perform its maintenance activity or transit companies. What Damages can You Claim in an NY Burn Injury Case? Burn injuries of the second and third degree types may cause a lot of pain and suffering and take very long to heal, affecting your ability to work. Injuries to the face can cause disfigurement that may have an adverse impact on your personal and social life. Fourth degree burn injuries may cause such severe damage as to require amputation; in such situations, the accident may leave you disabled for life and incapable of ever working again. Treatment of burn injuries in New York is quite expensive and besides the initial medical treatment, you may often require physical therapy and rehabilitation or cosmetic surgery to deal with disfigurement issues. If your burn injury has been caused due to negligence of another party, you can claim compensation for your: Medical expenses Disability Disfigurement and scarring Pain and suffering Emotional trauma Lost income or wages Loss of consortium Loss of life enjoyment In exceptional cases, you may also recover punitive damages if the at-fault party was completely reckless in their behavior, which resulted in your burn injury. Contact a Competent New York Burn Injury Attorney Today If you have sustained a burn injury due to another party’s negligence, make sure you first get medical treatment to deal with the wound. Avoid diagnosing the burn degree on your own and trying to treat it yourself. Visit a doctor and have the injury assessed and treated in an appropriate manner. Next, consult an experienced and skilled NYC burn injury lawyer who can explain if you are entitled to compensation for your injury. Depending on where you were injured – at work, at a construction site, at home, in a road accident – there will be different legal options available to you. Our personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have decades of experience representing burn injury victims and we have ensured our clients secure the maximum compensation to which they are entitled under New York law. We can help you recover damages for not just the present expenditure you have incurred but also that which you anticipate for the future considering the disruption caused by your injury. Using inputs from medical and economic experts and under the guidance of life-care planners, our compassionate burn injury lawyers can help you plan for future expenses. Call us at 212-344-1000 today to schedule a free consultation with our experienced attorneys. We will help you begin the legal process necessary to claim the compensation you rightfully deserve. 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.
Injury Claim in a Reckless Driving Car Accident in New York
The National Highway Traffic Administration (NHTSA) statistics show that in 2018, more than 9,500 people were killed by speeding drivers, and close to 400,000 were injured in accidents caused by distracted drivers. Both speeding and distracted driving may be considered acts of reckless driving that are responsible for many accidents in New York. The National Highway Traffic Administration (NHTSA) statistics show that in 2018, more than 9,500 people were killed by speeding drivers, and close to 400,000 were injured in accidents caused by distracted drivers. Both speeding and distracted driving may be considered acts of reckless driving that are responsible for many accidents in New York. People often use the term “reckless driving” to describe risky driving maneuvers such as speeding or weaving between lanes in traffic, that are likely to cause a collision. However, under New York Vehicle and Traffic Law, there is a specific definition of what constitutes reckless driving. Anyone who violates the rules of the road and drives in a manner that shows disregard for the safety of others on the road can be said to have indulged in reckless driving. According to New York law, reckless driving refers to “driving a vehicle in a way as to interfere with the proper and free use of the public highway or poses a danger to those using the public highway.” This is quite a broad definition and implies that even drivers who do not collide with an object or cause an accident can receive a ticket for conduct that poses a danger to public safety on the road. Some Examples of Reckless Driving In New York, reckless driving is prohibited and strict penalties are levied on persons who drive recklessly. Such driving is considered a misdemeanor punishable by law. Some examples of reckless driving include: Excessive speeding Driving when under the influence of alcohol or drugs Abrupt changes in lane Turning in an improper manner on highways or busy roads Distracted driving due to talking or texting Ignoring stop signs or red lights at signals Carrying passengers above the permitted levels Driving under fatigue Tailgating Driving on the sidewalk or over the curb Hit and run incidents Passing by a stationary school bus Racing other motor vehicles on the road As the examples indicate, the broad definition of reckless driving allows the law enforcement agencies the discretion to identify actions that can be dangerous to the safety of others on the road. The particular circumstances of a case will decide if the offense is considered severe or mild. A motorist driving through a red light is dangerous of course, but not as much as an intoxicated driver speeding through a stop sign. Some of the following factors are considered to decide if an incident falls under the reckless driving category or not: The time of day when the accident occurred The conditions of the road where the accident took place Prevailing weather conditions How familiar the driver was with the area where the incident occurred Courts often judge the severity of the reckless driving offense on the basis of how much of a conscious disregard the offending driving had for the safety of other people on the road. Aggressive Driving Accidents in New York City Aggressive driving refers to situations in which a driver drives in an erratic, unpredictable manner by swerving or speeding or engaging in any other reckless behavior with the intention of causing harm to someone else. Drivers who indulge in such type of driving are often charged with reckless driving by law enforcement agencies and this leads to criminal charges against them. In cases where aggressive driving has caused a fatal outcome, the driver may also be prosecuted for murder or vehicular manslaughter. What Happens if You’ve Been Hurt in a Reckless Driving Accident? An accident caused due to a driver tailgating, speeding, driving on the curb, or making an abrupt lane change may all lead to a charge of reckless driving. This charge is considered as a misdemeanor which is a criminal charge and therefore, viewed with far more concern than a mere traffic citation for speeding. Drivers who are charged with reckless driving will have to face criminal prosecution. If they are convicted of the charge, they may be fined, face imprisonment, acquire a permanent criminal record, have points added to their license, and have their car premiums increased. While these events will take place without your involvement, you will need to take legal action on your own if you wish to recover damages for the loss and injuries you suffered due to the accident. Under New York law, you have the legal right to file a civil lawsuit to seek compensation to cover your expenses for medical treatment, vehicle damage, and loss of income. What are the Consequences of a Reckless Driving Accident on the Victim? Being in an accident caused by reckless driving on the streets of New York may lead to devastating consequences. Most victims hurt in such incidents suffer from injuries such as: Broken bones Loss of vision Traumatic brain injuries and concussions Whiplash and other soft tissue injuries Spinal injuries including herniated discs Burn injuries Some collisions may also lead to injuries that necessitate amputation, leading to a permanent disability. Besides the physical injuries, victims of such accidents may also suffer emotional trauma due to the shock, and this puts them at greater risk of developing post-traumatic stress disorder (PTSD). Victims may experience repeated distressing dreams or intrusive thoughts of the accident. Some persons develop an avoidance of situations that involve driving or visiting the area where the accident took place. Most people hurt in a reckless driving accident often find their lives changed irreparably after the incident. Losses Suffered by Reckless Driving Accident Victims The victim who has been injured in a reckless driving accident in New York is entitled to seek compensation for the following types of losses they have suffered: Medical expenses that have been incurred during the treatment process. This may include the cost of hospitalization, diagnostic tests, procedures and any surgery performed, doctor fees, medication costs, and therapy expenses. Suffering and pain that they have suffered during and after the accident that was caused due to the reckless driver’s negligence. Emotional trauma due to PTSD or due to depression brought on by the changed life circumstances arising after the accident. Loss of income due to an inability to return to work or due to reduced work capacity arising from an injury sustained in the accident. Loss of enjoyment of daily activities, exercise, hobbies, or recreation. Why You Need Legal Help in Reckless Driving Accidents Any car accident in which the offending driver was ignoring traffic laws, speeding, driving aggressively or dangerously or driving under the influence of alcohol may lead to a charge of reckless driving. If the law enforcement agency believes the accident to be a case of reckless driving, they will cite the driver at fault immediately at the accident scene. Even in case there is no citation, skilled car accident lawyers have the resources to thoroughly investigate all the facts of the crash and determine if there is a valid ground for a case of reckless driving. Filing a civil lawsuit to claim damages for the loss you suffered is not an easy task. There is a lot of complex paperwork to be filed with the courts within strict deadlines. You may be approached by the insurance agencies or attorneys representing the party at fault for the accident, and it can be difficult to gauge if the settlement they offer is a fair one. Having an independent investigation into the accident can help uncover facts that were not revealed during the official investigation. An experienced personal injury attorney in NYC can also help you build a strong case with testimony from medical and financial experts to increase the chances of your winning the compensation you deserve. Schedule a Consultation with a Reckless Driving Accident Attorney in New York Being involved in an accident can be devastating for the victims. Not only do they have to suffer physical pain, but they also undergo emotional suffering and sustain a loss of income that can affect their entire family’s lifestyle. When these effects occur as an outcome of a reckless driving accident, it is even more unfair because you have been hurt for no reason, merely due to the erratic behavior of the reckless driver. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand how difficult it can be to deal with such situations. While the law will take its course as the police press criminal charges against the reckless driver, it is vital that you file a civil lawsuit to claim compensation for all the loss and suffering you have had to suffer due to the accident. Our compassionate personal injury lawyers have several decades of experience in handling different types of car accidents in New York, including those caused by reckless driving. If you or a loved one has been a victim in a reckless driving accident in New York, you should get in touch with our experienced car accident personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP by calling 212-344-1000. We will provide you a free case evaluation and offer the best possible legal advice about your potential personal injury claim. 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.
Safe Motorcycle Riding With a Child Passenger in New York
Data from the CDC shows that motor vehicle accidents, including motorcycle crashes, are one of the major causes of the death of children in the US. Despite better roadway management and the latest vehicle crash avoidance systems, motorcycle accidents continue to cause a large number of injuries and fatalities every year. Data from the CDC shows that motor vehicle accidents, including motorcycle crashes, are one of the major causes of the death of children in the US. Despite better roadway management and the latest vehicle crash avoidance systems, motorcycle accidents continue to cause a large number of injuries and fatalities every year. Motorcycle accidents in New York are on the rise and according to most experts, it is risky to ride with children on motorcycles. In the event of a collision, children often suffer fatal or severe traumatic injuries to the brain and spinal cord. Many of these injuries may end up causing permanent disability or brain damage to the child. New York State Laws for Child Passengers on a Motorcycle Like many other states, New York has no rule prohibiting child passengers from riding with an adult on a motorcycle. However, the rules do require that child passengers must be able to place their feet on the footrests and they should be wearing a helmet when traveling with an adult motorcyclist. Although riding a motorcycle with a child passenger is legally permitted in New York, it is important to understand the risks of such travel. When getting into such situations, the onus is on the adult motorcyclist to follow the basic safety measures that ensure the child passenger is protected from danger during the ride. When is it Safe to Ride with a Child Passenger in NYC? Very young children are likely to make sudden movements that may affect the operation of the motorcycle or cause the adult rider to panic and lost control of the bike. They are also likely to fall asleep and fall off the bike. A good rule to follow is to ride only with those child passengers whose feet can connect with the motorcycle’s footrests. Before beginning the ride, make sure you remind the child to keep their feet firmly on the footrests at all times. Child passengers must also be old enough to hold on to either the motorcycle’s handholds or to the adult motorcyclist. They must be capable of understanding the need to keep a firm hold throughout the ride. How to Ride a Motorcycle Safely with a Child Passenger? The safety of the child passenger is the responsibility of the adult who is riding the motorcycle. Here are a few tips to make sure the child is protected while riding with you: Make sure that the motorcycle is fitted with a passenger seat that is of the right size for the child passenger. This is critical to make sure that the child does not feel uncomfortable and fidget around as that can distract the attention of the adult motorcycle rider. Fit the child passenger with a helmet that is a snug fit. Loose-fitting helmets can fly off in the event of a collision, or they may themselves be responsible for an injury. Helmets come in different types such as half-face, full face, and open face. Always choose a full-face helmet for child passengers and make sure to pick a model that comes with a protective bar for the jaw and chin. Dress the child appropriately for the ride. On a motorcycle, there is no protection from the elements unlike in a car, so ensure the child passenger wears a thick leather or denim jacket, preferably with zipped cuffs. Have them wear heavy jeans to cover and protect the legs and use sturdy boots that stretch beyond the ankles to keep the feet protected. Avoid shoes with shoelaces that may get entangled in the motorcycle chain and lead to an accident. Get the motorcycle child passenger to wear leather gloves that can protect the hands. Things to Consider when Buying a Helmet for a Child Passenger Data from the National Highway Traffic Safety Administration shows that helmets have a 37% efficacy when it comes to preventing death in an accident. They are also found to have an effectiveness of 67% in averting injuries to the head. This is crucial because a head injury is highly likely to cause traumatic brain injuries in a motorcycle accident. A helmet provides a cushioning effect that prevents impact to the skull and avoids traumatic injuries that may result in lifelong disability. Here are a few tips on what factors you need to consider when buying a helmet for a child passenger on a motorcycle: Does it meet helmet standards? When you purchase a helmet, make sure it meets the standards for helmets specified by the Department of Transportation (DOT) or the Economic Commission for Europe (ECE). The Snell Memorial Foundation is a non-profit private organization that provides voluntary certification for helmets that meet standards sometimes considered more stringent than the governmental ones. Is it the right fit? It’s crucial that children wear a helmet that fits snugly to provide the necessary protection from head injuries. Some parents choose a larger sized helmet because the child’s head will grow bigger with time and outgrow a well-fitting helmet. This can prove to be shortsighted because a child wearing a large-sized helmet is more likely to suffer an injury in case of a crash. Does it have internal padding? Internal padding gives the cushioning effect to avoid a head injury. In the event of a motorcycle crash, the internal padding will reduce the impact of the child’s head with both the hard exterior of the helmet as well as any exterior surface with which the head may come into forceful contact. Does it provide sufficient facial coverage? Your child may want to use a half-face or modular or open face helmet because it looks cool. A full-face helmet may feel restrictive to a child. However, it is only full-face helmets that provide the necessary protection to child passengers and you must insist they wear only such helmets if they wish to ride with you. Does it have a chin bar? The chin and jaw regions are quite delicate and equally prone to injuries in a motorcycle accident. Make sure the helmet you buy for your child passenger has a bar in place to provide the necessary protection to their jaw and chin in the event of a motorcycle accident. How to Avoid a Child Passenger Falling off the Motorcycle? Young children may easily fall off a moving motorcycle without the adult rider noticing it. The rhythmic motion of the vehicle and the effect of the wind can lull even an older child to sleep, causing them to slump in the seat and either fall or slip off the motorcycle. These events are also more likely to occur if the motorcycle rider applies the brakes suddenly, or performs a swerving maneuver, or accidentally skids. Very young children have small hands that may not be able to hold on to the adult rider firm enough to stay in place on the bike. Here are a few tips to make sure child passengers stay firmly in place when riding with you. Wear a belt with handholds to which the child can hold on. Or attach loops to your jacket belt or pants that can serve as handholds. Use a harness that goes around the child’s waist, then over the shoulders and between their legs which you can then fasten to a belt around your waist. This strapping of the child into the harness is a simple way to ensure the child stays secure on the bike and attached to you. When riding with very small children, place a child’s seat into the passenger saddle section of the motorcycle so that the sides of the seat will prevent the child from sliding off when you brake or make a sharp turn. Some seats come with foot supports for better stability, and these can be a good choice for younger children. If you plan to ride with a child, ensure they understand that they must not move when sitting on the motorcycle. Help them understand the importance of holding on to you at all times, and let you know if they feel they are about to fall or slip off the bike at any time. Get in Touch with an Experienced Motorcycle Accident Lawyer in New York As a responsible motorcyclist, you must take all precautions necessary when riding with a child passenger. Despite whatever the law says, as a parent, you are the best judge of when your child is ready to ride with you. Sometimes, despite taking all precautions to keep your child safe when riding with you, it is quite likely that you may be involved in a motorcycle accident due to the negligence of other motorists on the road. If you have been in a motorcycle accident where a child passenger riding with you has been injured, get in touch with our experienced and competent motorcycle accident attorneys in NYC at Rosenberg, Minc, Falkoff & Wolff, LLP at 212-344-1000 to schedule a free consultation. Our seasoned motorcycle accident lawyers have worked with several parents who have had child passengers injured in a motorcycle accident in NYC. We can help you navigate the complex legal process of claiming and receiving maximum compensation for all the economic and non-economic losses you suffered due to the accident. 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.
NYC Was Among US Cities With 10-Year-High Fire Death Rates in 2018
New York City witnessed 88 fatalities caused by fires in 2018 alone, according to FDNY Commissioner, Daniel Nigro. The figure is the highest recorded for any year in the last decade, with only 2007 reporting more fire-related deaths of 95. The number of deaths caused by fires was about 73 in 2017. In 2016, only 48 fire-related deaths happened in NYC, which was the lowest recorded in a hundred years. Nigro termed the surge in the number as a ‘concerning development’ while testifying before the New York City Council’s Committee on Fire and Emergency Management about the $2.1 billion FDNY budget. New York City witnessed 88 fatalities caused by fires in 2018 alone, according to FDNY Commissioner, Daniel Nigro. The figure is the highest recorded for any year in the last decade, with only 2007 reporting more fire-related deaths of 95. The number of deaths caused by fires was about 73 in 2017. In 2016, only 48 fire-related deaths happened in NYC, which was the lowest recorded in a hundred years. Nigro termed the surge in the number as a ‘concerning development’ while testifying before the New York City Council’s Committee on Fire and Emergency Management about the $2.1 billion FDNY budget. NYC Fires: The Problem Officials later reported that the fatal fires incidents in NYC were mainly caused by smoking and faulty electrical equipment, the leading causes of life-threatening fires. Also, it was found that there were no working smoke alarms present in more than two-thirds of those fires. Nigro also spoke on efforts to deliver 60,000 smoke alarms to residents in need in collaboration with the American Red Cross. With the FDNY responding to 1.7 million calls in 2018, and more than 1,4 million of those calls being medical emergencies, Nigro commented on how 2018 was a "very busy year for the department.” The FDNY also responds to around 2,200 structural fire calls a month, further emphasizing the lack of preventative measures taken by landowners to fire-proof their buildings. On average, the FDNY responds to a structural fire every four minutes and 28 seconds, which is the period between receiving the 911 dispatcher call and the FDNY firefighting unit arriving at the scene. Although FDNY units responding to structural fires help prevent structural destruction, most incidents cause irreparable damages in that critical period of four minutes and 28 seconds. The NYC borough with the highest count of monthly structural fires is Brooklyn with 650 a month. But, the FDNY response for Brooklyn is also the quickest among the NYC boroughs, averaging in at four minutes. Queens shows the highest FDNY response time of four minutes and 50 seconds. Although the difference between the response times for the two boroughs may be a mere 22 seconds, these 22 seconds could result in far more deaths and severe damages. While the time that FDNY and medical emergency units take to respond to a fire is crucial in saving lives, the quality and structural condition of the buildings are instrumental in preventing death and destruction during that time frame. Landowners who fail to maintain those standards could be held liable for fatal fires. The Legal Aspect Fire accidents entitle victims to financial compensation. If you were injured in a fire accident in NYC or if a family member of yours was killed in such an incident, you could file a lawsuit against the responsible parties. Make sure to hire an experienced personal injury lawyer to discuss your case and determine whether it makes sense to press charges. A good personal injury attorney or wrongful death attorney would go the extra mile to file a strong lawsuit and secure significant compensation for your damages. Accident lawyers in NYC have different areas of specialty. Make sure to hire an attorney who has experience in cases similar to yours, whether it's a personal injury lawyer, a burn injury lawyer, a car accident attorney, or even a pedestrian injury lawyer. 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.
NYC Student Awarded $60 Million in Chemistry Experiment Burn Accident
A former Manhattan student was awarded around $60 million in 2019 as compensation for a 2014 incident where the student suffered agonizing burns during a chemistry-class’ nitrate demonstration experiment. The judge upheld the jury’s verdict of $60 million in pain and suffering damages to the victim, the now 21-year-old Alonzo Yanes. The student was 16-year-old and in 10th grade at the time of the horrifying accident at the Beacon High School. A former Manhattan student was awarded around $60 million in 2019 as compensation for a 2014 incident where the student suffered agonizing burns during a chemistry-class’ nitrate demonstration experiment. The judge upheld the jury’s verdict of $60 million in pain and suffering damages to the victim, the now 21-year-old Alonzo Yanes. The student was 16-year-old and in 10th grade at the time of the horrifying accident at the Beacon High School. How the Accident Unfolded During Yanes’ sophomore year at the school, his chemistry instructor, Anna Poole, was demonstrating a visual demonstration called the rainbow experiment. The experiment involved igniting chemical mixtures - combinations of mineral salts and flammable liquids. The liquid used in the experiment was methanol, and the intended outcome of the burning experiment was colorful flames, each differentiating according to the mineral being used. The experiment, however, went completely wrong due to a mistake on the part of the teacher. Poole was pouring the methanol directly out of the gallon jug. The excess amount of liquid suddenly created a massive fireball that engulfed Yanes for an entire one minute. According to the Associated Press, Yanes felt as if he was being 'charred the way a piece of meat does in a frying pan.' Yanes was left hospitalized for about five months after sustaining severe burn injuries spanning 30% of his entire body. He even endured major skin draft surgeries in areas ranging from his face and neck to his hands and arms. His parents tearfully described how they were not even able to identify him in the hospital burn unit following the incident. The Aftermath According to the New York Times, the jury found Poole, the chemistry teacher, and the Department of Education to be responsible for the incident. The $60 million verdicts were awarded to cover medical bills and Yanes immense suffering and pain. The ‘rainbow experiment,’ which has also been documented to have caused similar accidents in other states, has long been deemed a safety hazard. According to reports from the Associated Press, lawyers for New York City stated that the dangerous experiment in question would no longer be allowed to be conducted in schools after Yanes’ tragic accident. Schools need to take the necessary precautions when dealing with dangerous chemicals, which may be safety hazards. When educational institutions fail to prioritize the safety of their students, they put the students' lives at stake, and many may end up being hurt in the process. The Legal Aspect If a loved one or a family member of yours has experienced burn injuries, you have the choice to file a personal injury lawsuit. It is a good idea to avail the service of an experienced personal injury lawyer or burn injury lawyer to press charges against those responsible for the incident and get compensation for your damages. Accident lawyers specialize in different cases, and personal injury laws differ from one state to another. Depending on your case, you may hire a personal injury attorney, a burn injury attorney, a car accident attorney, or a wrongful death attorney. In any case, be sure the lawyer has experience handling similar cases in the past. Contact a personal injury lawyer in NYC to discuss your case and determine the feasibility of filing a lawsuit. 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.