Some New York City wrongful death lawyers and other experts may point out that because New York is so much larger than Tennessee, this discrepancy calls into question the reliability of the underlying statistics; these experts instead believe that accidents related to cell phones are being widely underreported.
]]> There are certainly various reasons for this underreporting, but one belief is that unless a witness at the accident such as a driver, passenger or bystander mentions that a cell phone was in use, it can be difficult, if not impossible to prove it. Because of that difficulty, it is believed that crashes related to cell phone use are likely much higher than currently reported simply because drivers do not want to get in trouble for causing an accident while talking on the phone.When someone is involved in an accident, the most important thing is to get them medical attention immediately. After that is taken care of, however, getting an accurate report in writing, even if doing so entails taking down the information by hand, can be critical. In particular, filling out a detailed report immediately may help a person establish whether or not a driver was on his or her cell phone at the time of the wreck. This information could be critical if a personal injury lawsuit or wrongful death lawsuit has to be brought to collect damages for the victim.
Seeking out legal assistance after an accident is often necessary. With the proper help, the family of a deceased accident victim can often find a way to make ends meet financially and begin the process of moving on with their lives.
Source: M Live, "New national study: Fatal traffic crashes involving cellphones are substantially under-reported," May 7, 2013
]]>A subway train killed a man for the first time in over three years. The accident occurred when the worker had just completed a job assignment and was in the tunnel outside 46th street station. He apparently fell into the tunnel and was then hit by the E train early in the morning. Even though the accident is still under investigation, it appears that the deceased worker may have been dragged down to the tracks when his tool bag was caught on the train as it was passing by. According to officials, a worker had not been killed on the job since April 2010 and prior to that, April 2007.
]]> Whenever a worker or anyone is killed from dangerous buildings or areas, it can be very traumatic and emotional. Whether it was from a slip and fall or some other premise liability, it is always incredibly difficult on the remaining family and any co-workers. Often the accident could have been prevented if the proper care taken by the owners of the property. In some situations, the injured or killed party could not have done or would not have known to do anything different to avoid the accident.It is not always easy to prove premise liability and proper investigation should take place after the accident. The loved ones of the deceased may bring a premise liability suit. Compensation could be gained and used for medical bills, funeral expenses and any other related costs. The suit is often necessary for the family to be properly compensated.
Losing a family member from a dangerous or hazardous place, whether at work or not, is incredibly difficult for the family to cope with. Seeking out assistance is often the first step in the coping process.
Source: Daily News, "Louis Moore, subway worker killed by passing E train in Queens, laid to rest by MTA comrades," Barry Paddock and Pete Donohuedate, May 2, 2013
]]>The perpetrator in this case was caught trying to cross the New York border into Canada to evade authorities. The accident he was allegedly involved in took place on February 18 when he is said to have struck a 38-year-old pedestrian while driving a van for his job. He did not stop and instead left the scene of the crime. Investigators learned that he was the one driving the van at the time, but then gave a false statement to try and evade authorities. Federal agents tracked the driver down and arrested him. At his hearing, his attorney claimed that he was going to Canada to visit a friend and was unaware that he was wanted for the fatal car accident.
]]> Whenever a family member is killed in an accident it is always a tragedy. When the driver who killed him tried to flee the scene, it makes it even worse because it's that much harder to bring him to justice for taking a life. However, once that person is caught and brought to justice, the family can begin to get closure for the horrible event. However, there are still likely to be outstanding medical bills, funeral expenses and lost wages to go along with the loss of life. To try to make up these financial losses a wrongful death lawsuit may be brought against the perpetrator. If it is after a criminal case it may that much easier to bring, since liability is not as much of a question in the case of a criminal conviction.Source: Daily News, "Man wanted in fatal hit-and-run arrested at Canadian border," April 18, 2013
]]>This was unfortunately the case for one family in New York. When their child was born, the child was injured during delivery because her held was pulled on too hard. The injury she sustained is called Erb's palsy. It is when a newborn baby suffers from paralysis in an arm from complications during childbirth or labor. This resulted in her neck and left arm being injured. The child is now seven years old and the family finally had the case brought in front of a jury. The suit itself was brought against the hospital, the healthcare system there and a certified nurse midwife. The child and her family ultimately won $2.1 million from a jury trial.
]]> Whenever a newborn child suffers from a birth injury, it is always extremely painful for the entire family. Whether it is a limb that is injured or brain damage, the parents always want answers as to how it happened and why. The problem is, oftentimes the hospital either won't or can't give an answer. As such, it is often necessary to seek out assistance to bring a lawsuit against any party possibly responsible. Oftentimes, it takes a large amount of research and review to find the specific party or parties accountable. Even if one of the parties who is sued is not actually directly involved, at least the party who is responsible will be found and will be held accountable for the damage done.Having an injured infant is a tragedy that no parent wants to face. Seeking out help once it happens is one of the best ways to try to aid in recovery.
Source: WBNG 12 Action News, "Medical malpractice award in Otsego County case closely watched," Candace Chapman, April 17, 2013
]]>Construction workers were inside the structure when a collapse occurred and they suffered a fall from a height of at least 10 feet. It is believed that it was a support structure that gave way that resulted in the fall. One worker had to be flown to Westchester Medical Center because it is believed he may have suffered possible bone fractures. The other workers were also taken to the hospital, though it is unclear the extent of their injuries at this time. The Occupational Safety and Health Administration is now investigating to try and find out why the accident occurred.
]]> Falls on construction sites are some of the most serious work injuries, as they often result in back, neck or head injuries. When this happens, the worker could suffer long term problems that he may have to deal with for the rest of their life. For this reason, health concerns should always be put first for any worker who falls at the job, even if it does not seem like a major problem. Once the worker's health is taken care of, the injured party may seek worker's compensation. The insurance company or employer may contest it or the employer may go as far as firing the worker, if it is a long term injury. A lawsuit may have to be brought in order for a proper recovery.Recovering from a work injury is often a long process for the injured worker and their family. During that challenging time, any assistance that can be sought out is often helpful in aiding the recovery process.
Source: Hudson Valley News 12, "OSHA probing Kiryas Joel construction accident that injured 4," April 11, 2013
]]>The accident took place near New York City back in January and involved a total of eight vehicles, including the vehicle where an 82 year old victim was killed and a 79 year old passenger in the same car was severely injured. The man responsible for the fatal car accident is due in court again very soon and was charged with driving under the influence of drugs as well as leaving the scene of an accident. While he was driving, he hit five vehicles and then hit two other moving cars while trying to pass between them, including one going the opposite direction, which was the one that had the two aforementioned victims. Another victim was also treated for minor injuries from the accident.
]]> Any time a loved one is lost, no matter what the circumstances, it is always a tragedy. When the perpetrator is found guilty in a criminal trial, this can often be used to eliminate any question of liability for the family in a civil wrongful death trial. That way, the civil issues can go as quickly as possible. Most of the time, a civil suit must be brought in order to recover for any medical bills and funeral expenses, as well as sometimes for lost wages if the family member killed was a primary earner. Further, sometimes a family can collect for pain and suffering as well. It is important that a family find out what can be done after losing the family member in a horrible accident.Nothing will ever bring back a loved one, but seeking out help can often assist in the recovery period. That way, the family has the ability to move on from this loss.
Source: Patchogue Patch, "Patchogue Suspect In Fatal Crash Case Due In Court", Judy Mottl, April 3, 2013
]]>Unfortunately, two workers learned this recently with a fall from heights that are unknown at this point. The accident occurred at Marist College at a construction site after a wall collapsed. The fall took place inside the structure and, luckily, was not from the roof. The workers were taken out on stretchers to a hospital to be treated. After the workers were taken care of, some debris was removed from the area and workers continued to work after the accident. The extent of the injuries involved was not immediately known.
]]> Falls on construction sites should always be taken seriously, even if the fall is not from a significant height. The chance of work injuries being minimized can often happen when workers just "shrug it off" or try to work through the pain. The best course of action is to seek medical attention and make sure everything is okay before continuing to work. If the injuries are serious enough, the worker should always take whatever rest is required to heal. If an employer or the employer's insurance company tries to cause issues for the worker because he requires a recuperation period, a lawsuit can be brought for lost wages, medical expenses or even wrongful termination.Seeking out help after construction accidents is often the smart way to go. No matter how small or significant an accident, taking care of the worker's health should always be the first priority.
Source: Poughkeepsie Journal, "2 workers injured after fall at Marist College construction site," March 27, 2013
]]>The accident occurred in New York City, when the alleged perpetrator was driving over 70 miles per hour. Reportedly, he struck a car carrying a husband and pregnant wife. The alleged perpetrator, who was driving a borrowed car, left the scene of the fatal car accident, telling the people who were there to help that he was fine. The husband and pregnant wife both died that day and their son, who was delivered via a caesarean section operation, died the next day. The couple's death triggered a manhunt for the perpetrator of the accident. The driver ultimately surrendered himself five days later.
]]> Though the loss of a loved one is often felt throughout the entire community, it is the family that is hit the hardest. They are the ones that are typically the most grief-stricken, and who must carry the burden of this loss. They are also the ones that must deal with the financial burdens, such as medical expenses, funeral expenses and any lost wages that the deceased were relied on to contribute. For this reason, a wrongful death lawsuit usually must be brought to ensure that the family is properly compensated for their loss. Often times that suit is made easier if there are already criminal charges because if the perpetrator is found guilty in a criminal suit, then that can be used in a civil suit as well.Dealing with the loss of a loved one is an incredibly difficult process for anyone to have live with. Seeking out help is often the best step to take to try to ease that burden.
Source: The Saratogian, "Driver pleads not guilty in triple-fatal New York City hit-and-run," Tom Hays, March 21, 2013.
]]>The immediate problem that some patients face is when, after a surgery, a doctor accidentally leaves a sponge in the person's body. This apparently happens about 12 times a day. For many patients, it may be months or even years before the surgical negligence is found. A failure to diagnose that the sponge was left in the body could cause patients permanent damage, possibly forcing them to lose parts of their intestines or even their lives. The worst part is that most of those surgical mistakes are completely preventable. Technologies exist to make sure the accidents almost never happen, but they are simply not used.
]]> For any patients who suspect that the pain they are suffering is coming from such surgical errors, it is often worth looking into it immediately. Often times Medicare will deny claims involving sponges or items left in the body, so the only avenue left to victims is to bring a medical malpractice lawsuit. On average, these suits can bring in awards of $100,000 to $200,000, depending on the severity of the case. The unfortunate reality, however, is that the patient has likely suffered severe damage at that point, so much so that it is unlikely any amount of money will bring about a full recovery.Suffering from the medical malpractice of having a sponge left behind can be excruciating and long-term. Seeking out legal help if such an item is discovery is often the best step to take.
Source: USA Today, "What surgeons leave behind costs some patients dearly," Peter Eisler, Mar. 8, 2013
]]>In the proposed class action, the Plaintiffs maintain, that Costco and GoldCoast were negligent and reckless by breaching the warranty of merchanibility by selling a product unfit for its intended use, as it contained the dangerous bacteria. Plaintiff also allege the companies were negligent by failing to properly prepare and distribute the spread, by failing to keep it properly refrigerated, and by failing to warn consumers of the listeria contamination.
The Class action is seeking not only a refund for all consumers who purchase the tainted spread, but also damages for all individuals who became ill from the spread including hospital and medical expense, pain and suffering, mental anguish, and loss of employment.
If you or a loved one is in need of legal assistance, call Jaroslawicz & Jaros at 212-227-2780, or toll free in New York at 1-800-269-2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
]]>Most people today either bank online or at an ATM. They do not go into a bank and deal with a teller.
]]> Most banks provide ATMs which are available in a lighted area in front of the bank and which are accessible twenty-four hours a day seven days per week to persons with a bank card and code.Criminals have figured out that most people who use an ATM have an ATM card and money in the bank. It has therefore become a frequent occurrence that the criminal element targets ATM users in bank vestibules.
When a bank provides an ATM, it must also provide a working locking mechanism in the vestibule door which can only be accessed by persons with valid ATM cards. When the vestibule lock is broken it creates a potential for a crime. When the bank has notice of it either because it knows of the condition or because the lock has been broken for a long enough time that the bank knew or should have known about it the bank may be held responsible.
It is obviously foreseeable that in a situation where a vestibule door lock to an ATM area is broken a criminal attack upon a user of the bank's ATM on the bank's premises may occur.
Where a criminal act is foreseeable, the bank cannot use the excuse that there was a criminal attack in an attempt to avoid its responsibility. Obviously banks must take reasonable precautions to secure the premises. For a case in point see, Lechmanski v. Marine Midland Bank, 703 N.Y.S.2d 612 (4th Dept. 1999).
]]>The accident threw the vehicle from the vehicle and under a nearby-parked truck. The man, in contrast, was pinned in the vehicle and had to be extracted after the roof was cut off. The baby was delivered and was at first in serious condition. However, now the baby too has died as a result of "extreme prematurity due to maternal blunt force injuries."
]]> Situations such as this one may seem hopeless but New York City wrongful death lawyers can help the loved ones of the deceased in incidents like this receive the compensation to which they are entitled.The citizens of the community in which the couple lived are begging for the driver to be charged with a triple homicide. However, that is just the criminal side of the charges. On the civil side of the case, it is possible that the loved ones of the couple and their baby could file a wrongful death claim against the driver of the BMW.
After the occurrence of a fatal car accident, it is important to determine whether one or more involved parties' negligence caused the accident and, if so, which party lacked the reasonable level of care. Once that is determined, those that were injured may be able to recover compensation from that negligent party. This compensation can cover the costs associated with the death as well as, in some situations, the income that loved one would have provided during their life.
No amount of money can bring back a loved one after a fatal accident. However, compensatory damages can help the family to relieve some of the financial obligations therefore freeing up more time and resources for them to focus on healing emotionally.
Source: Claims Journal, "Baby Born After Parents Killed in New York City Crash Dies," March 5, 2013
]]>The person was injured while trying to carry materials down a ramp leading to an exit of the restaurant. It was dark and the ramp was in a state of disrepair and he was caused to fall and be seriously injured.
The personal injury claim is that the owner of the building and operator of the restaurant had a duty to provide a safe place to work and a ramp which was in proper repair without cracks and with proper lighting.
If you have any questions or comments please contact Abraham Jaros, Esq. at (212) 227-2780, or ajaros@lawjaros.com
]]>A new study performed in New York City at Columbia University reviewed the medical records for over 264,000 women who had their uterus removed for noncancerous conditions from 2007-2010. Laparoscopic procedures, minimally invasive procedures where the robot is an option, had a complication rate that matched the procedure done without a robot, at 5 percent.
]]> Those hoping for an error-free robotic surgery, in other words, should think again. The surgical robot is still controlled by a human surgeon, with all of the risk of error and negligence that accompany any traditional procedure. And any type of hospital errors or surgical negligence, whether brought on by a human or a robot, may be difficult to spot. For many, symptoms may take months or even years to show up, and may go unnoticed until a checkup or x-ray is performed.If during follow-up examinations after a surgery, it becomes apparent there may have been a surgical error, then seeking out help immediately is essential. Even if it is a significant time after the surgical error, if it was just recently noticed, there is still a chance that the patient can be compensated for the error or mistake and the associated medical bills and other losses.
Hospital errors and surgical errors that result in pain and suffering are difficult to overcome, since it is never easy to come to terms with the fact that the hospital made the patient even more sick. However, seeking out help in getting fair compensation can often be the first step on the road to recovery.
Source: Wall Street Journal, "Study Raises Doubts Over Robotic Surgery," Melinda Beck, Feb. 19, 2013
]]>The pedestrian was crossing the street at 40th Avenue, between 10th street and 11th street, around 12:45 am when suddenly a police cruiser ran him over. The pedestrian was pronounced dead at the scene. The officer who was in the patrol car was allegedly responding to a report that there was an assault with a weapon occurring in Queensbridge Houses. However, it turns out there was no assault. The pedestrian that was struck was left lying in the middle of the road and witnesses stated he was still breathing for some time with no help forthcoming from police. The incident is still under investigation.
]]> Any time a wrongful death occurs, it is usually incredibly difficult for the family and anyone who knew the victim. It is particularly difficult when the victim did nothing wrong and was only killed by chance. When an accident like that occurs, the family is often faced with various expenses, including funeral costs, medical bills and other associated fees. To recover those costs, a wrongful death lawsuit can be brought. In some cases, there are multiple parties who can be found liable, such as the driver, the owner of the vehicle and sometimes even the driver's employer.Recovering from the loss of a loved one is a long difficult process. Seeking out assistance from others is a good first step towards moving on.
Source: Gothamist, "NYPD Patrol Car Kills Pedestrian In Queens, NYPD Investigating," John Del Signore, Feb. 21, 2013
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