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Insurance Claims

Bystander injuries on construction sites

construction site with crane and sunlight

In February 2016, strong gusts of wind caused a crane in Lower Manhattan to crash down onto Worth Street, killing one pedestrian and littering the surrounding blocks with debris. People on their way to work in the area fled in panic, thinking that a bomb had gone off. An investigation by the city’s Buildings Department…

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The weather did it?

cars in rain

Every year in New York State, there are dozens, if not hundreds, of motor vehicle accidents caused by negligent driving practices in poor weather conditions. Collisions are not limited to snowstorms and freezing rain. Even summer has its share of heavy rainfalls that can turn streets and highways into high-risk thoroughfares. The most responsible drivers…

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Suing a child for a personal injury in New York

car and bicycle accident

At first, the thought of an adult suing a child seems ridiculous and even petty, but there are cases where it may be warranted, especially in personal injury law. Imagine you are walking through Central Park on a weekend afternoon, enjoying the fall weather. Suddenly a rock, thrown by a child who looks no older…

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How to have a safe Thanksgiving

cooking with fire and pan

Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…

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How can a pre-existing condition affect a personal injury claim

pre-existing medical condition

You were rear-ended by another driver recently, leaving you with a dislocated shoulder and terrible back pain. Now, as you file an insurance claim, that driver’s insurer asks you if you suffer from any pre-existing conditions. You do—for years you have been suffering from disc degeneration problems. Although you cannot seek damages for an injury…

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Can you sue a gym for an injury after signing a waiver?

injured woman at gym

Gyms are great places to work out, lose excess weight, and in general keep ourselves in better physical shape. Unfortunately, with all of that heavy equipment being used and liquids being spilled constantly from dropped or overflowing water bottles, they are also the site of frequent injuries like: Sprains Pulled muscles Broken bones Brain and…

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Can you sue for falling on a bus?

bus interior

New York City has a huge and convenient public transportation system that includes MTA buses running 24/7. Although bus travel is generally thought of as safe (otherwise we wouldn’t send our children to school on them), accidents do happen to passengers riding the bus. One common accident is unseated passengers falling while the bus is…

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Who pays my medical bills?

medical bill injury concept

You’ve been injured in a car accident and forced to spend time in the hospital. The doctors say that your fractured hip will require you to have months of physical therapy too. You’re grateful to be alive, but you’re also worried about how your medical bills will be covered. Who is going to pay for…

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Grill brush injuries in New York

barbecue brush

They’re not intimidating to look at, but personal injury attorneys, the media, and even the New York Times are all warning people about the hidden dangers of barbecue grill brushes. Although we’re already well into September, there appear to be a few potential outdoor grilling opportunities left, so it’s worth taking a closer look at…

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Distracted doctors?

surgeons in the operating room

It’s common knowledge that distracted driving can cause serious injury and death. What’s not as well known is that you can also be at risk on your way to the operating room—even if you’re not the one distracted by your phone. How many times have you walked into a store or restaurant and seen employees…

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Fireworks and boating safety in New York

boating at night

September is a month of celebration across New York. It starts with the Labor Day weekend, when communities everywhere enjoy barbecues, festivals, and fireworks displays, and continues as tourists and vacationers head out to summer cottages near Lake George, Chautauqua Lake, Skaneateles Lake and other bodies of water for one last “hurrah” before closing for…

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Labor Day accidents to watch for

grill

Holidays are supposed to be fun and games, especially for the kids, but that’s not the way things always turn out. On the Labor Day weekend, in particular, there is ample opportunity for both adults and children to get hurt—from being scarred by an exploding firecracker to falling off a boat and struck by a…

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The Jones Act and injuries at sea

man sailing boat

You’re a young person who has always loved the sea, so when you got a summer job as a deckhand, it was a dream come true—until you were struck by a falling piece of poorly secured equipment. Thanks to a dislocated shoulder, you’re going to be unable to work for at least a month. In…

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Compensatory vs. punitive damages

car crash at night

The spring weather has been so beautiful lately that you decided to go for a jog in Central Park. Unfortunately, when you crossed the street to catch the bus, a distracted driver struck you, resulting causing you to break your arm and dislocate your knee. Rather than stop and see if you were hurt, the…

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What is an independent medical examination?

medical exam

If you are injured in a car accident and file a claim, whichever insurance company (the other driver’s or yours if you file a no-fault claim) will be covering your medical costs may ask you to undergo an independent medical examination or IME for short. Although you were likely seen by emergency room physicians and…

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What should you do if an insurer asks for a recorded statement?

voice recorder

Three days ago you were leaving the parking lot of the Bay Plaza Shopping Center when another driver who had one hand on the wheel and the other on their phone hit you from behind, causing you to suffer whiplash and a dislocated shoulder. Your doctor has informed you that until your shoulder heals, you…

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Minors and personal injury settlements

child and nurse

If you are injured in a car accident in New York, then you have the standing to file a lawsuit against the at-fault party or settle with their insurer. A child under the age of 18 is not in the same legal position. They rely on a parent or guardian to protect their rights and…

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Injured by a defective air conditioner?

air conditioner

New York City can be hot in the summertime, but not everyone has central air. If you’re on a budget or your home doesn’t support a central air conditioning system, then you will probably be investing in a window air conditioning unit before the dog days of summer start. When you bring a window air…

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Injured abroad during spring break vacation?

ankle sprained examining

Injuries don’t always happen close to home. They can also occur when we’re traveling for work or pleasure. There’s something about being injured abroad that is especially unsettling. We’re miles from home and possibly dealing with different standards of medical care and even laws that apply to your accident. If you’re planning to go abroad…

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E-bike injuries in New York

bike bicycle

The e-bike phenomenon has been strong in Asia and Europe for a long time, and it’s now catching on here in the United States. Electric bikes, or e-bikes for short, are regular bicycles with built-in electrical systems that consist of a motor, battery, and a means of controlling the resulting power. New Yorkers have a…

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How is a personal injury claim evaluated in New York?

computer program

Being injured in a motor vehicle accident is a traumatic experience. You’re likely in pain and stressed out over how you are going to pay your growing medical costs. For many people seeking compensation, they’re additionally upset to discover that a computer is being used to evaluate their claim and decide how much compensation they…

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Suing a dentist for malpractice in New York

dental malpractice teeth

In October 2017, a Maine jury awarded Stephen Darnell Jr. close to $300,000 in damages in a clear case of dental malpractice. In 2011 Mr. Darnell’s mouth became infected after Dr. Jan Kippax removed two of his molars, forcing doctors to operate on his jaw and implant drains to remove accumulated pus. His attorneys claimed…

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New York’s comparative negligence rule explained

rear end collision

When you’re seeking compensation for car accident injuries, you’re going to hear the term “comparative negligence” used a lot. If settlement negotiations fail and your case proceeds to court, the judge hearing your case will have to determine which party is at fault or, if both share the blame, the extent to which each person…

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The “attractive nuisance” doctrine explained

construction site danger

The attractive nuisance doctrine was originally conceived to protect children who may trespass without fully understanding the risks. “Attractive” typically means that children may see the property or object as something to play in or around, such as: Construction sites, with their unfinished buildings, open pits, and trenches. Swimming pools High-voltage lines and towers Abandoned…

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Injured due to stress?

ptsd employee

Once upon a time, Post-Traumatic Stress Disorder (PTSD) was regarded as a military ailment suffered by shell-shocked veterans. Since 9/11, the courts have recognized that severe and debilitating stress can be experienced by an employee during the course of their work, making them eligible for workers’ compensation. PTSD symptoms In most cases, PTSD symptoms manifest…

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Three things auto insurers may do to limit your compensation

squeeze money

While auto insurance companies are not “bad guys” out to deliberately deprive you of the money you need to recover from a car accident, they are like other businesses in that they are motivated mainly by profit. This aim can, unfortunately, manifest itself by paying out as little as possible when you make a claim.…

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Does your music playlist affect your driving?

car radio driving

Playing our favorite music while we drive improves our mood and creates a sense of contentment. It’s a fact supported by research and our own personal experience. But can it also cause you to get into an accident? In 2013 an Israeli study explored the relationship between your music and your driving abilities. 85 young…

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Traumatic carpal tunnel syndrome

typing motion

When you hear about carpal tunnel syndrome (CTS), you tend to think about data entry clerks, computer programmers, factory workers, hairdressers, and other people who use their hands to perform repetitive tasks. Although typically regarded as a repetitive strain injury, carpal tunnel can also be caused by a sudden trauma, such as a motor vehicle…

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Loss of consortium claims in a New York personal injury case

sad man

If your spouse is injured in an accident, then New York law allows you to file a claim for loss of consortium against the at-fault party. This type of action is highly personal and is intended to address the fact that due to the accident, your marital relationship is changed physically, mentally, and or emotionally.…

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Smart—and safe—shopping during the holidays

man slip and fall next to sign on floor

The holiday shopping surge doesn’t end after Christmas or even New Year’s. This is because so many retailers discount  their overstock for days  and even weeks after we put away the decorations and resume our daily lives. Unfortunately, with increased traffic comes a greater injury risk. While malls and stores are supposed to keep their…

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Wearable technology in personal injury claims

running with smartwatch and cars

From the Apple Watch to the FitBit to the Motorola 360, wearable technology has made rapid inroads into our lives. Depending on the device, we can use it to track our fitness levels, send emails and text messages, call people and more. Now it could help validate your personal injury claim. Smartwatches as evidence Smartwatches…

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How to avoid injury this holiday season

injured man with cast

No one likes to think that injuries can occur during the holiday season, which is supposed to be a family-oriented time of peace on earth and goodwill towards others, but the fact remains that this is one of the most dangerous times of the year in terms of accidents. You don’t even have to go…

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Common Thanksgiving accidents: What they are and how to watch for them

thanksgiving turkey accidents

Every year, we look forward to Thanksgiving. A juicy turkey dinner shared with friends and family is the ideal way to transition to the December holiday spirit. Unfortunately, this is a time period that’s statistically infamous for the number of injuries and accidents that occur while celebrating. Below are four common Thanksgiving accidents and how…

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How does “foreseeability” affect a New York personal injury case?

future

Our actions sometimes have unexpected consequences, but to what extent are we liable when these actions cause someone to get hurt? The answer to this question plays a pivotal role in determining whether or not we can be held responsible when an act of negligence on our part results in a personal injury. Determining negligence…

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Roofing accidents in New York

construction roofing accidents

According to the United States Bureau of Labor statistics, roofing is one of the most dangerous occupations in the country. Serious accidents can happen at any time, and because roofers almost invariably work at considerable heights, the resulting injuries can be permanently disabling and even fatal: an estimated 50 roofers are killed on the job…

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State of New York pays $22 million to brain-damaged boxer

sports injury

Earlier this month, the State of New York agreed to pay $22 million to 36-year-old former boxer Magomed Abdusalamov and his family. It is the largest since payment that the state has ever made to a single personal injury victim. Abdusalamov experienced extensive brain damage in November 2013, during a heavyweight match at Madison Square.…

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Common Halloween injuries to watch for

Halloween Injuries

As children, we loved Halloween for a number of reasons: the scary costumes, the thrill of stuffing our bags with candy, and the joy of running around the neighborhood with our friends. We also enjoyed being scared by the idea of ghosts, ghouls, and other monsters lurking in the dark. Now that we’re adults, and…

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Misdiagnosis as the basis of a New York medical malpractice claim

We rely on medical practitioners to diagnose our illnesses correctly so that we can receive the treatment we need. When misdiagnosis occurs, our health and even lives can be placed at risk. When this misdiagnosis occurs due to negligence, the medical practitioner could be liable for medical malpractice. What are the different types of misdiagnosis?…

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School bus injuries in New York: What parents should know

school bus + children + driver

Comparatively few children live within walking distance of their school, making it necessary for them to take the bus. While the majority of trips take place without incident, it is, regrettably, not uncommon for parents to receive a call that their son or daughter has been hurt while riding to or from school.  One of…

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Deadly powder? Johnson & Johnson Faces talcum powder lawsuits

A Los Angeles jury recently awarded a landmark $417 million to California resident Eva Echeverria, who alleged that the talc in Johnson & Johnson’s baby powder caused her to develop ovarian cancer. Ms. Echeverria, who had been using the product for feminine hygiene since she was 11, claimed that the company did not take reasonable…

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Mirena IUD lawsuits on the rise

medical devices & injuries

Pharmaceutical giant Bayer is now facing lawsuits from literally thousands of women across the United States. The majority of these plaintiffs are claiming that the intrauterine device (IUD) Mirena has significant and life-threatening side effects that Bayer intentionally declined to make public. Instead of advising doctors of these risks, they allege, the company remained silent…

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How video surveillance is used in personal injury cases

surveillance camera

Until fairly recently, video cameras were expensive and unwieldy pieces of equipment used only by professionals and dedicated hobbyists. Today, with smartphones that take HD-quality images, anyone can be a videographer at any time. This ease of use and accessibility has resulted in video being applied as evidence in defending personal injury cases. Video surveillance…

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Complex regional pain syndrome: The elusive personal injury

injured nerve concept

Complex regional pain syndrome is an insidious condition because it can be so difficult to detect and diagnose. Take the following example. You are leaving a movie theater late at night when another motorist distracted by their cell phone rear-ends your vehicle. You go to the hospital to be checked out, and are discharged a…

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Should I agree to settle my personal injury claim?

claim on clipboard for settlement

If you are pursuing a personal injury claim, you will likely be offered the chance to settle out of court. It would be surprising if you weren’t: an estimated 95 to 96% of such cases are settled pretrial. Whether or not you should accept the other side’s offer or proceed to trial depends on a…

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Jaywalking injuries in New York City

New York City’s streets are chaotic, but laws are still in place. If you are using a crosswalk in proper accordance with the signal being displayed and a motor vehicle hits you, then the driver will most likely be held at fault. Even if a crosswalk lacks signals, drivers are legally obligated to give you…

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Workers’ compensation: When can you claim?

construction site potential injuries concept

If you experience a workplace injury or become ill as a result of work-related duties, then New York law generally does not permit you to sue your employer. Instead, you must file for Workers’ Compensation benefits. If your claim is approved and your occupational injury or disease leaves you unable to work for more than…

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How social media can hurt your personal injury case

social media

Social media has transformed the way people interact with one another. We use Facebook to share personal milestones and tweet our happiness and anger for anyone to see. While these social networks have huge advantages when it comes to keeping in touch with friends and family, they also expose us to the danger of oversharing.…

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