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Wrongful Death

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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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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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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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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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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Food poisoning injuries in New York

salad

Popular grocery chain Trader Joe’s recently recalled is Kohlrabi Salad blend over fears of listeria contamination. The recall affects salad blend bags with “Best Before” dates of October 14-16, 2017. Although only a small percentage of people who accidentally consume listeria-contaminated products will become sick, those who do fall ill experience symptoms such as neck…

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Hunting accidents in New York

hunting rifle

Certain areas of New York State are renowned for their abundant hunting options. In November, hundreds of people armed with shotguns head to designated wooded areas to hunt pheasants, wild turkeys, deer, and other game animals. While enthusiasts insist that hunting is no more dangerous than other outdoor sports, the fact is that every year…

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Elements of a New York wrongful death claim

funeral

When a beloved family member is killed by another person’s act of negligence or malice, your life is never the same afterward. Although holding the responsible party accountable for their actions will never fill the void or bring your loved one back, it can ease the financial burden associated with the loss. Filing a wrongful…

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How does the eggshell skull rule affect a personal injury case?

eggs concert for personal injury eggshell skull rule

Imagine that you’re driving through the Bronx, en route to meet friends at a newly opened cocktail lounge. When you stop at a red light, a distracted driver rear-ends you. Your seat belt prevented you from hitting your head on the windshield, but your injuries are still serious. This is because you have osteogenesis imperfecta,…

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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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Fireworks injuries in New York

firework sparklers

Late on the evening of July 4, 2015, New York Giants defensive end Jason Pierre-Paul was enjoying a holiday party in his Florida hometown. He had purchased $1,100 worth of fireworks to give the entire neighborhood a spectacular show, but when he retrieved one from the parked U-haul where they were being stored and lit…

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Accidents and injuries at the swimming pool

pool jump

The weather is warming up, which means that Hamilton Fish Park, the John Jay Public Swimming Pool, Red Hook Swimming Pool, and other public swimming outlets in New York are going to be filled with people of all ages. All of them go to cool off and enjoy themselves, never suspecting that they could be…

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Public beach injuries in New York

beach

Summer is here, which means that beach season is also upon us. A trip to Coney Island, Manhattan Beach, Fire Island Beach or Rockaway Beach is an enjoyable way to beat the city heat and catch up on our sun tanning or the latest novel. While most days by the seaside result in nothing worse…

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ATV Safety

atv rider

Over the Memorial Day weekend, a high school teacher was involved in an all-terrain vehicle (ATV) crash that led to her death in western New York State. The teacher crashed her ATV on a rural road in Yorkshire. She was only 33 years old. ATV crashes, many of which result in serious injuries, occur regularly…

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Public park injuries in New York

As spring develops into summer, public parks become increasingly popular with New York families. We head out to Central Park to walk along the winding trails and streams or enjoy some sun tanning at Sheep’s Meadow. On weekends we grab the kids and go to Brooklyn Bridge Park to watch the outdoor movies and take…

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Four myths about traumatic brain injury

Traumatic brain injury (TBI) can have a catastrophic and permanent effect on your life. Immediately after they occur, you face the financial and emotional challenges of medical bills and struggling with insurance companies. In the long run, depending on their extent, such injuries can impair your personality, mental and physical functioning, and even prevent you…

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Asbestos exposure injuries in New York

asbestos roof

Although there are low levels of asbestos in our food, water, and even the air we breathe, it is seldom in sufficient quantities to make us ill. Certain types of blue collar workers, however are often exposed to asbestos in the course of their daily work. They include: Construction: General construction employees use asbestos-based products…

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Can part-time employees receive workers’ compensation in New York?

Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…

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When to settle during a personal injury case

If you have been injured due to someone else’s carelessness or negligence, you may be understandably eager to settle the ensuing personal injury lawsuit, especially if your injuries have left you unable to work and the medical bills are mounting. It is important, however, to resist the urge to accept a low offer early in…

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Drone injury in New York

drone injuries

Drones, which are also known as unmanned civilian vehicles or UCVs, have been a focus of public interest since the military started using them overseas as a lower-cost and effective form of warfare.  People buy them for personal entertainment, photographers use them to take beautiful aerial photos and videos, and property developers, engineers, and architects…

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Assumption of risk in a personal injury case

climbing personal injury

Let’s look at a hypothetical situation. You are out rock climbing with some friends, and during the course of that outing, you fall and injure yourself. Now you want to sue the park or site where the accident occurred, claiming that they were negligent in maintaining the property or warning customers of unsafe conditions. The…

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Firefighter line of duty injuries in New York

New York firefighters battle dangerous conditions as part of their duty to protect the citizenry. Although risk of injury and death is part of their job, it does not mean that firefighters have no rights when it comes to their safety and well-being. Unfortunately, many New York firefighters are injured and even killed because property…

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Shopping mall injuries in New York

large maill

New York City is a mecca for shoppers. It is packed with shopping malls with stores that range in scope from luxury retail to urban chic to affordable family-oriented outlets. Like all public venues that host crowds, however, shopping malls have potential dangers that can cause injury and even death. They include: Slips and falls…

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Limousine accidents in New York

During the holiday season, the demand for limousine services always skyrocket. These luxurious vehicles, stocked with treats, champagne, and built-in entertainment systems, take passengers to and from airports, hotels, and party venues. Many would argue that no holiday bash is complete without a ride in a sleek and graceful stretch limo. When passengers, drivers and…

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Questions to ask a personal injury attorney

If you have been seriously injured in New York due to someone else’s negligence and want a personal injury attorney to represent you in a subsequent lawsuit, then choosing the right attorney for you is priority number one. How do you find an attorney you can trust and want to work with? By asking the…

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Traumatic brain injuries

According to the Centers for Disease Control and Injury Prevention (CDC), 2.4 million Americans suffer a traumatic brain injury (TBI) every year, and over 50,000 die from their injury.  At present, it is the leading cause of disability and death in children, young adults, and the elderly. In cases where the victim manages to survive,…

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New York police officer line of duty injuries

Officers with the NYPD have dangerous jobs. During every minute they spend protecting the property and citizenry of New York, they face death or personal injury due to: Motor vehicle accidents during high-speed chases or even on patrol Confrontations with armed suspects Defective police equipment Dangerous station house premises (e.g. wet locker room floors, obstructions…

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Elevator and escalator injuries in New York

Millions of New Yorkers use elevators and escalators on a daily basis to get to the office, travel through a shopping center, or move through multi-floor buildings. Most times, the conveyors we use operate properly and deliver us safely to our destination. When they malfunction, however, the results can be catastrophic and even life-threatening. Elevator…

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Birth injuries

injuries to babies

Few personal injuries are more tragic than those experienced by infants while they are being born. Medical personnel such as doctors, nurses, and other professionals are expected to have the qualifications and experience to act swiftly and appropriately when complications arise. Unfortunately, some of them do not exercise the mandated level of care, resulting in…

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Nursing home negligence

Elder abuse and neglect in nursing homes are emotionally devastating, both for you and your loved ones. Some instances are attributable to understaffed facilities: with so few employees, patients are not given the care they need and may not be checked on often enough to prevent or treat injuries. Other times, the staff may be…

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Sidewalk trip and fall accidents in New York City

dangerous stairs can cause accident

Sidewalk trip and fall accidents are, unfortunately, common in cities the size of New York. Any one of a number of factors can make a sidewalk dangerous: Substandard construction Uneven or cracked surface Obstructions such as trash or debris Potholes Trips and falls on New York sidewalks can result in serious injuries such as broken…

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Wrongful death

wrongful death funeral

When a person is killed by the negligent acts or behavior of another party, the New York Estates, Powers and Trust Laws allow the representative of his or her estate to file a wrongful death claim against the party or parties responsible. The general rule is that if the victim had grounds for a personal…

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Who can I hold liable for a catastrophic injury in New York?

If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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Car Seat Safety Primer

car safety seat

When hitting the open road, it is important that all children in the vehicle who should be buckled in with a car seat are done so safely. Unfortunately, it is quite common for parents to make mistakes when it comes to the selection of a car seat or actually buckling the child in. Read on…

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My loved one is the victim of a wrongful death; what now?

No one expects to lose their loved one as a result of another person’s negligence, and yet people are facing this exact situation every single day. If this applies to you, then you are not alone if you are confused about where to turn and the next steps for your situation. If you are a…

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How does a wrongful death case work?

wrongful death

If you believe that a loved one died as a result of another person’s negligence, then you may be researching in an attempt to find out if you have grounds for a wrongful death suit. If the court finds in your favor, then you or other family members might be entitled to damages to compensate…

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Politicians encourage passage of “Lavern’s Law”

medical malpractice statute of limitations new york

Two years after a Brooklyn mother passed away as a result of medical malpractice, politicians want to amend a New York law that prevented her family and others from suing the responsible parties. In March 2013, Lavern Wilkinson passed away after a battle with curable lung cancer. She had an X-ray taken in 2010 that…

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Federal agency missed clues in GM ignition recall

product defect lawyer automobile

This has been a terrible year for car manufacturers, a slew of which have made national headlines as a result of dangerous and defective products. GM has been one of those manufacturers, accused of manufacturing products that have been connected to more than 100 deaths. After more than one year of looking into the specific…

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Judge does not permit release of cellphone records after car accident

distracted driving illegal

A pedestrian died from injuries sustained in a collision with a car. The administratrix, or person in charge of the pedestrian’s estate after his death, and her attorney created an accident reconstruction model according to a July 23, 2014 New York Law Journal article. According to this model, the driver of the car should have…

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Jury to decide medical malpractice and wrongful death case

medical malpractice procedure equipment

A surgeon left a sponge in her during a 17-hour surgery. The woman died at age 58 months after the surgery, and her husband is filing a medical malpractice lawsuit and a wrongful death lawsuit against the doctor that performed the surgery according to the Dayton Daily News in a July 14, 2014 article. The…

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When a dangerous road is not a defective road

highway crash lawyer

In 2005, a dump truck’s breaks failed while it was going down a very steep portion of a highway in Connecticut. The truck hit several cars according to the Connecticut Law Tribune in an August 18, 2014 article. Thirty people were affected by the accident, and half of them were hospitalized and four were killed.…

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The “new” GM is the subject of personal injury lawsuits despite bankruptcy settlement terms

bankruptcy beginnings

In 2009, the US government bailed out the automotive industry. General Motors was one of the companies that the government helped during the financial crisis. GM became a new entity, essentially creating a “new” GM and an “old” GM in bankruptcy court. The bankruptcy settlement left pre-2009 liabilities in the “old” GM. The “new” GM is…

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A case of dangerous highway guardrails

highway accidents

Highway guardrails are supposed to keep us safe, right? A June 19, 2014 Bloomberg Businessweek article relates the story of a lawsuit that may prove that the end terminals of guardrails are, in fact, dangerous. One man, Joshua Harman’s company, went through a bankruptcy, laying off most of its workers after Trinity Highway Products sued…

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Six Flags is being sued for wrongful death on a ride

defective product accident

Amusement parks are not always amusing and can sometimes even prove deadly. One woman riding a roller coaster in 2013 at the Arlington, Texas Six Flags amusement park was ejected 75 feet from the ride to her death according to a July 12, 2014 Star-Telegram article. The family of the deceased has filed a lawsuit…

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Victim compensation fund set up by GM

wrongful death calculations

General Motors has set up a fund to compensate victims of accidents caused by a faulty ignition switch in certain recalled cars. The company announced that this fund does not have a cap according to a June 30, 2014 USA Today article. That is, there is no monetary limit on what GM will pay out.…

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Doctors not responsible for the death of former patient

wrongful death

A hospital patient, who was discharged, committed suicide following his release, as reported by the New York Law Journal in a March 14, 2014 article. The man disclosed to his doctor that he was leaving his wife, and wanted to relieve this stress. The man also told his doctor that he was so miserable and…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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Was GM’s bankruptcy tied to the recent defect revealed?

car defect injury

General Motors (GM), a car company, recently discovered a flaw with its ignition switch and it was forced to withdraw about over one million vehicles from the market, as reported by Reuters in a March 22, 2014 article. As a result, the government is trying to determine whether it concealed the “ignition switch defect when…

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Woman injured by drunk driver is suing bar

wrongful death accident

In an August 2013 accident, an allegedly 26-year-old drunk driver hit a 55-year-old woman on a road in Middlesex County, New Jersey according to CBS Local New York. The driver was immediately killed and the woman has suffered trauma, has undergone numerous surgeries and must now live in an assisted living facility. The woman is…

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Employer may be liable for employee’s wrongful death

workplace injury

A federal employee while working “fell from the top of a pile of timbers located on a flat car.” As a result, the employee died, and his estate sued under the Federal Employees Liability Act to collect for his wrongful death, as reported by the New York Law Journal in a  June 25, 2013 news…

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Elevator company might be responsible for decedent’s death

elevator injuries

Family of decedent brought suit against New York Elevator and Electrical when decedent “fell to his death in an empty freight elevator shaft” as reported by the New York Law Journal in a May 21, 2013 news article. The family claims that New York Elevator and Electric, who had examined, maintained and fixed the elevator…

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Family of New Yorker killed in elevator last year sues

person injury

In December 2011, a woman who worked for a Manhattan advertising firm was killed in an elevator accident. While on her way back to her office, the elevator moved a few floors upwards and unfortunately killed the woman. Just before the accident, Transel Elevator and Electric was working on the elevator. The family of the…

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City not found negligent after poor snow removal leads to wrongful death

liability

The plaintiff was in need of emergency medical treatment after a snowstorm. The plaintiff’s estate filed a complaint claiming the plaintiff suffered a wrongful death and it sought damages. This death was allegedly caused due to the fact that New York City did not adequately remove snow from the streets. In turn, the ambulance took…

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