Jaroslawicz & Jaros PLLC
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Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
212-227-2780

Ambulance Attendant's Wrongful Death Attributed to Police chase

Any time someone is killed as the result fatal car accident, it is a tragedy. When that person is killed because of someone else's criminal act while trying to help others, it is a tragedy that would even shock New York City wrongful death lawyers. This was the case for one unfortunate ambulance attendant near New York City. A police chase occurred that resulted in multiple accidents. An ambulance tried to get out of the way, but was struck and flipped over as it turned into an intersection. A witness said that a man flew out of the back of the ambulance. A man was found trapped under the ambulance after it came to rest. A 30-year-old ambulance attendant died at the hospital. Three others were also injured but their condition was not available. When an accident like this occurs, there are many people who experience a profound loss, but none more so than the direct family of the deceased. After experiencing this loss, they may also be experiencing a large financial burden, either from medical bills, funeral bills or even lost wages from the loss of the family member. Surviving family members of the victim of a fatal accident may be entitled to pursue a wrongful death suit seeking compensation for financial losses in addition to other potential damages, such as pain and suffering or loss of consortium. Getting over the loss of a loved one is never easy. Seeking help as soon as possible from an experienced wrongful death attorney can help ease some of the burden of loss. Source: CBS 2 New York, "Police Chase Blamed For Crash That Killed Ambulance Attendant In Newark," Nov. 19, 2012

GranuFlo and Naturalyte

If you or a loved one was prescribed GranuFlo or Naturalyte either during or after dialysis treatment, and have suffered from injury to your cardiac health, then you may have a valid claim and should consider consulting with a New York City personal injury attorney from Jaroslawicz & Jaros, PLLC. It has been claimed that GranuFlo and Naturalye, acid concentrates manufactured by Fresenius Medical Care, increase the risk of cardiopulmonary arrest and sudden cardiac death during or after dialysis. It is alleged that Fresenius Medical Care was aware of the dangers associated with the medications and failed to disclose or warn the public. On March 29, 2012, the FDA issued a Class 1 recall of GranuFlo and Naturalye. If you or a loved one suffered an cardiac related injury as a result of taking GranuFlo and Naturalye then you may be entitled to recover your damages, which includes all of your medical expenses as well as your pain and suffering from the doctor who prescribed the medication, from the doctor who failed to properly monitor the medication and possibly from the company that manufactured the medication.

Pedestrian Accidents Still a Problem in New York City

New York City is filled with pedestrians and bicyclists. Residents rely upon alternate means of transportation simply because it makes getting around that much easier when traffic is backed up. Even though the city has made improvements to pedestrian and cyclist safety, many of these people know that they need to remain alert to avoid potential bicycle or pedestrian accidents. Those pedestrians or cyclists involved in collisions with motor vehicles will often be the ones absorbing the full impact of the crash, leading to serious injuries. A recent study by the University of Michigan examined pedestrian accidents in New York City and Los Angeles. The study found that over half of all fatal crashes within New York City involved a cyclist or pedestrian, which was significantly higher than the number of fatal crashes outstate. While officials have tried to reduce the number of these accidents that are occurring, serious problems still remain. Many intersections were not designed for heavy pedestrian or bicycle traffic, and may place these individuals at risk. Pedestrians and cyclists in the city can follow some basic tips to stay safe. Cross only in designated crossing areas, as drivers may not expect to see people in unmarked locations. If at an intersection, try to make eye contact with the cars around so that these motorists are aware that you are about to cross. Cyclists should pay special attention to the vehicles around them, even when in dedicated bike lanes. Often, motorists will open doors or make turns that require a cyclist to make a sudden move to avoid an accident. Do not ride on sidewalks, as collisions with pedestrians can result in serious injuries to both parties. Always wear a helmet. Even the safest individuals can find themselves in an accident. In an accident happens, you may feel like you are the one who is being blamed, even though it was the motorist's fault. If you have been injured in a pedestrian or bicycle accident, speak to an experienced personal injury attorney in New York City about your potential case. Many of these accidents result in serious injuries for the victim, and it can take some time before getting back to normal. Even after the injuries heal, extensive rehabilitation may be required. All of these expenses can quickly add up. If you have been away from work while you recover, this can make it extremely difficult to make ends meet. If another person caused your injuries, you may be eligible for compensation. This can include not only medical expenses that you have that are connected to the accident, but also for property damages and missed wages.

Mirena® Intrauterine Device (IUD)

If you have used the common birth control device, Bayer Healthcare Pharmaceuticals, Inc.'s Mirena® intrauterine device (IUD) and have suffered from an internal organ injury, then you may have a valid personal injury claim and should consider consulting with an attorney in New York City. Scores of lawsuits have been filed over allegations that the Mirena® intrauterine device migrates after inserting, embedding in the uterus or puncturing organs. The injuries may require the surgical removal of the Mirena® and may lead to other serious injuries or infections. It is estimated that over 2 million women use the Mirena® worldwide, and while at least 125 lawsuits have been filed nationally, this number is expected to rise in the near future. When one seeks contraception from a doctor, there is a high expectation that the method will be beneficial to one's health. However, if you suffer an injury as a result of taking that birth control then you may be entitled to recover your damages, which includes all of your medical expenses as well as your pain and suffering from the doctor who prescribed the contraception, from the doctor who failed to properly monitor the device and possibly from the company that manufactured the device.

Scalded By Hot Water in Your Apartment Building?

Most persons, particularly in large cities, reside in apartment buildings where they have no control over the boiler or hot water systems. A recent study showed that there are approximately sixty thousand hot water scaldings per year. It is now basically understood that the standard set for hot water by the American National Standard Institute (ANSI), standard #Z21.10.1a-1991, is that the hot water should not generate water above 125 degrees Fahrenheit. Previously, during the 1970's the standard was that water could not be above 140 degrees Fahrenheit; in the 1980's the setting was lowered to 130 degrees Fahrenheit; and in the 1990's it was lowered to 120 degrees Fahrenheit. The valves should be adjusted on showers or tubs so that the handle's stop position should not have water coming out of the spigot that is more than 120 degrees. New York State Plumbing Code § 424.3 requires valves that conform to the requirements of ASSE 101.6 and CSA B 125 which require a maximum setting so that water cannot exceed 120 degrees. A Harvard Medical School study dating back to the 1940's showed the relationship between hot water and burns. The hotter the water, the less time it takes to cause a burn. When water is 150 degrees, a serious burn injury can be caused in two seconds; at 140 degrees, it takes six seconds; and at 130 degrees it takes thirty seconds. Most people take a bath or shower using water that is between 105 and 110 degrees Fahrenheit. With respect to older appliances, scalding protection should be provided by adding a thermostatic control which attaches to the showerhead and bathtub spigot. The way these devices work is that it is preset at a temperature for exiting hot water at 114 degrees. If the exiting water is more than 114 degrees, it will be stopped from exiting the tap. If the water in your bathtub or shower is scalding hot when you turn it on, you should complain to the landlord, super and/or managing agent. If they do not fix it, file a complaint with a government agency. If you are paying rent, you can ask for rent abatement on the grounds that the apartment is not properly habitable and is dangerous. Keep a record of your complaints, and make them in writing if possible, either regular letter or email. If anyone is hurt by scalding water you will then have a record of your complaints. There are numerous personal injury cases around the country, including New York City and its environs, involving burns from scalding water and some of the recoveries have been substantial. If the landlord attempted to fix the problem by using a plumber and despite the effort to repair it there is still scalding water and someone is injured, the plumber who failed to make proper repairs, as well as the landlord, could be held responsible.

Controversy Surrounding System to Determine Truck Crash Accountability

The sheer size and weight of commercial trucks make truck collisions some of the most deadly types of motor vehicle accidents. The potential danger posed by 18-wheeler accidents has led the Federal Motor Carrier Safety Administration (FMCSA) to track such crashes and rate carriers' safety performances. Now, those in the trucking industry are advocating for changes to this system. The FMCSA tracks truck accidents as part of its Compliance Safety Accountability (CSA) program. Under the program, part of a carrier's safety rating is based on the number of crashes its trucks are involved in, regardless of whether its truck drivers are at fault for the accidents. The agency maintains that such crash data, with or without fault, is a reliable predictor of a carrier's future safety performance.

Disability Insurance: Protection if You are Disabled, or a Trap for the Unwary?

Paul Shapiro was a dentist in New York who appeared to have a successful practice, performing some 275 procedures a month. As most dentists, cognizant that if they can no longer perform chair dentistry they will lose most, if not all, of their income, or at the very best be required to hire a dentist who must be paid to perform the chair work, Dr. Shapiro purchased several disability policies so that if he became disabled from performing his own occupation, he would be protected. Dr. Shapiro assumed that if he became disabled, the policies would kick in and he and his family would be protected. When Dr. Shapiro began to suffer from progressive skeletal illnesses, including osteoarthritis and spondylosis of the elbow, neck and other joints, so that he was unable to perform chair dentistry, he filed a claim for total disability benefits with the insurance carrier. At that point, the insurance carrier, which had willfully accepted and deposited Dr. Shapiro's substantial premiums for many years, took the position that since Dr. Shapiro's occupation was, in large part, administering his dental practice in addition to performing chair dentistry, he was therefore not totally disabled because he could still perform his duties as office administrator. The lower court found for Dr. Shapiro without putting him through a trial, and the Federal appellate court likewise affirmed for Dr. Shapiro that in New York the law is clear that where administrative work is incidental to the material and substantial duties as a full-time dentist, the fact that he was still able to perform administrative work did not prevent him from collecting on his disability policy if he was unable to perform chair dentistry. The Federal appellate court also made it clear that where a dentist, such as Dr. Shapiro, had purchased a policy to protect him against not being able to work in his own occupation, and proved that he was not able to work in his own occupation, he did not need to prove loss of income. In fact, in a case involving an orthopedist, the court found that even if the orthopedist was able to earn more money in a different occupation, he could still be entitled to recover for a disability from his own occupation. The Shapiro case seems quite clear on its face, that he was entitled to his disability benefits for which he had paid very substantial premiums. Yet the insurance company required him to hire an attorney, go through a lengthy discovery process, and spend years in court before finally paying him. Unfortunately under New York Law, as opposed to laws in other states, there is no provision for a disabled professional, who successfully brings a claim, to recover his attorneys' fee. This means the insurance company does not pay for the dentist having to hire a lawyer and even if the dentists wins the case, he will be out at least a legal fee or a contingency legal fee. The largest insurance carrier for professionals such as dentists, doctors, and lawyers, is Unum Provident, which has acquired other large disability carriers such as Paul Revere. Unum Provident trades on the New York Stock Exchange and is said to be the largest issuer of disability insurance in the United States. According to recent publications, Unum Provident's claim practices are the subject of a major investigation by the insurance departments of some forty-five states. Unum Provident has now agreed to change the manner in which it interprets its policies to avoid payment, pursuant to a consent decree in Georgia. In the Georgia case, Unum was also required to pay a fee of $250,000 for its improper claim practices. For other successful cases involving dentists and disability claims see, Hofer v. Unum and Fields v. Mutual Benefit Life Insurance. In other states, such as California and Florida, which permit punitive damages, juries have awarded substantial punitive damages against Unum Provident. In the case of Chapman v. Unum, the jury awarded $30 million where an ophthalmological surgeon was disabled from performing surgery because he had hand tremors and Unum Provident refused to pay his benefits. In Hangarter v. Provident Life and Unum, where a chiropractor, who was totally disabled, was denied benefits, the jury awarded him $5 million in punitive damages. In McGregor v. Paul Revere (a Unum Provident subsidiary), a court reporter who was unable to use a steno-type machine was denied benefits by Unum on the grounds that she was still able to proofread what other people typed and therefore she was not disabled from being a court reporter. The jury awarded her punitive damages and she was also found to be entitled to recover legal fees under California law. For another successful case involving a disabled court reporter, see, Mastroianni v. Unum. A dentist who purchases a policy must make certain that the policy is not an accident policy but instead an own occupation disability policy which kicks in and provides coverage if the dentist is disabled for any reason whatsoever. In Michigan, a dentist who was disabled with carpal tunnel syndrome was found not to be entitled to disability benefits under an accident policy because the disability had not arisen out of a sudden accidental event but rather had gradually developed over time. See, Nehra v. Provident Life and Accident Co. It is therefore critical to know exactly what type of policy is being purchased. It is also critical that the dentist make certain that the policy he is buying is an individual policy, if he is able to obtain one, rather than as part of the benefits he gets from his job if he works for a corporation. If he obtains a policy through the job, it is basically found to be governed by ERISA, which is the Employees Retirement Income Security Act, a federal law which has been turned on its head. ERISA was originally enacted to protect employees from having their pension funds dissipated or their benefits diminished. Instead, the courts have now interpreted ERISA to mean that the case must be heard in Federal Court without a jury, and that punitive damages and consequential damages are not permitted as a matter of law.

New York City Scarring and Disfigurement Attorneys

A scar or some type of bodily disfigurement can be treated with the most advanced medical care, but may not completely heal over time. Those suffering from an injury such as a scar or disfigurement must deal with both the physical and emotional trauma of recovering from the injury. If you or a loved one has been involved in a serious accident, you need someone on your side. The New York City personal injury attorneys at Jaroslawicz & Jaros, PLLC will work to make certain that you receive the maximum amount of compensation possible for your injuries. For more than 30 years, we have been advocating for injured victims. We have an outstanding track record, which can be seen in on our Past Successes page.

Senior Citizens in Assisted Living Facilities

The law protects senior citizens in residential facilities. There is a Federal Law protecting them as well as New York State Law. Under Federal Law 1 - 6 found on the Internet, 42 CFR 483.25, a resident of a long term care facility must be properly cared for. This includes all activities for daily living.

Help for Tenants Injured in Home or Apartment Fires

Help for Tenants Injured in Home or Apartment Fires

At Jaroslawicz & Jaros, PLLC, we represent tenants who suffered fire and burn injuries because of the negligence of landlords and other parties. These cases often involve traumatic second- and third-degree burns. They may also involve smoke inhalation injuries. These injuries can also be life-changing, resulting in emphysema and other lung conditions, forcing victims to rely on oxygen tanks and other assistance. Medical treatment for these injuries is painful, long-term and typically very expensive. Our lawyers work hard to make certain to get fire injury victims sufficient compensation to cover all these expenses and more.

Fosamax

If you have been taking Fosamax and have suffered from a femur (thigh bone) fracture then you should consider consulting an attorney to see if this injury was caused as a result of your doctor's negligence in failing to properly monitor your condition as well as any complaints of thigh, groin, or hip pain. If you have been taking Fosamax then you should be aware of the fact that Fosamax has been linked to femur (thigh bone) fractures. These fractures often occur without any trauma or other accident, such as while just walking or standing, and are often called low energy fractures. A study in the May/June 2008 issue of the Journal of Orthopedic Trauma linked the drug Fosamax to fractures of the femur. In the September 2010 issue of the Journal of Bone and Mineral Research, it was reported that Food and Drug Administration (FDA) is urging doctors to report any fractures to the FDA MedWatch program and putting pressure on drug companies who manufacture bisphosphonate drugs such as Fosamax, to revise their warning inserts to properly inform patients about the risk of femur fractures. If you have been prescribed Fosamax by your doctor for either osteoporosis or osteopenia your doctor should have made you, the patient, aware of the possible risk of a femur fracture and more importantly your doctor should have been aware of the possible side effects of this dangerous drug and monitored your bones for any possible side effects from this drug. Many patients who eventually suffered fractures had reported and made complaints to their doctors of pain in their thighs, hips, and groin for weeks or even months before their femurs actually fractured; and the doctors unfortunately ignored those complaints until it was too late and the femur fractured. It has been reported that if a patient on Fosamax complains of thigh or groin pain, which may be described as dull or aching, and stops taking Fosamax then the deterioration of the femur will stop and the femur will not fracture because it is the prolonged use of Fosamax which diminishes the structural integrity of the femur making it weak and brittle. A simple x-ray of the thighs would tell your doctor immediately if your femur has been compromised and is deteriorating as a result of your being on Fosamax and if you are at risk for a femur fracture of one or both of your thighs. It is your doctor's professional obligation to investigate and assess the warning signs of femur fractures and to regularly ask any patient taking Fosamax if they are experiencing thigh, groin, or hip pain. Unfortunately, the way our medical system works it is the responsibility of the doctors and hospitals to report femur fractures caused by Fosamax. In the cases our firm has handled the fractures were not reported to anyone. We believe that these types of Fosamax fractures are therefore incorrectly considered to be much rarer than they actually are. The NYC personal injury lawyers of Jaroslawicz & Jaros, PLLC have filed cases for persons who suffered femur fractures due to taking Fosamax and are now available to review potential claims for Fosamax fractures. The lawyers at Jaroslawicz & Jaros, PLLC will provide a comprehensive free consultation to evaluate anyone who has suffered a sudden, low-trauma or low energy fracture of the femur while taking Fosamax or any other similar bisphosphonate drugs such as:

New York City Electrical Burn Injury Attorneys

Compensation for Electric Shock Victims

At Jaroslawicz & Jaros, PLLC, our New York City personal injury attorneys know how serious electrical burn and electric shock injuries can be. These are serious injuries that often require extensive medical care and may result in irreparable damage to the skin, heart, brain or other internal organs. If you or a loved one has suffered this type of injury, or you have lost someone you care about due to wrongful death involving electrocution, our lawyers are ready to help you get justice.

Fire & Burn Injuries

The New York City personal injury lawyers of Jaroslawicz & Jaros, PLLC have been representing persons and their families that have suffered injuries as a result of fires and burns for many years. Jaroslawicz & Jaros successfully wrote the brief and argued before the highest court in the State of New York, the New York Court of Appeals, in the case of Taieb v. Hilton Hotels Corp., Appellate Division, First Department, 131 A.D.2d 257; 520 N.Y.S.2d 776; November 17, 1987, Court of Appeals of New York, 60 N.Y.2d 725; 456 N.E.2d 1197; 469 N.Y.S.2d 74; September 12, 1983, Argued, October 18, 1983, Decided. In this case a lady was injured when she smelled smoke and heard sirens while staying in a high rise hotel and walked down many flights of stairs resulting in a clot in her leg. The court found that dismissal of hotel guests' negligence action against the hotel as a matter of law was improper where evidence received at trial raised questions of fact as to the hotel's liability. Fire and burn injuries can often be severe and life altering. Whether you will receive adequate compensation for your injuries depends on many factors that only an experienced attorney can help you with. Questions such as; who was responsible for the burn injury?; what caused the fire or injury?; should or could the fire and injury have been prevented?; did the negligence of your landlord, other tenant or someone else contribute to the cause of the fire or the severity of the injuries?; were all the safety devices in proper working order?; what does the Fire Department's investigation reveal?; all of these question and more need to be investigated and looked into by an experienced attorney or legal team. Some of the various factors that need to be looked into when determining if anyone was negligent in causing or contributing to your burn injuries are: whether there were smoke detectors that worked properly; was there a working carbon monoxide alarm; were there a proper number of exits that were properly visible, accessible and not blocked or locked; were there any fire violations; did the fire spread because the self-closing door devices to any exits or apartments were not working properly? Smoke detectors: New York City requires that a Landlord must provide approved operational smoke detectors in each dwelling unit but it is the duty of the tenant to keep and maintain such device in good repair. Exits: All residences in New York City are required to have two means of egress, or exit. In the event of fire or other emergency, Tenants must have access to another means of leaving the building, should the primary exit become blocked. The Landlord is required to provide you with two means of exit from every apartment in the building. Carbon monoxide alarm: If you are a Tenant residing within a multiple dwelling building or within a one-and two family home, it is the responsibility of your Landlord to provide and install an approved carbon monoxide alarm. Self-closing door devices: Each apartment is required by New York law to have a properly functioning self-closing door on a properly rated fire proof door. This means that an apartment door is required to close on its own as a result of the self-closing door device. When tenants first smell smoke their natural reaction is to open their windows for fresh air and then their apartment door to look into the hall. What then happens is they may be overcome by the fire or smoke and the fire is then caused to spread even faster and further as a result of the open door and windows. Or they may simply rush out of their apartment to escape the fire leaving the door open which also causes the fire to spread. It is for these reasons that apartment doors are required to have properly functioning self closing door devices so that the doors will close on their own and prevent the fire from spreading even more rapidly and will contain the fire inside the apartment. It is the Landlord's obligation and responsibility to install, inspect and maintain these self-closing door devices to both apartment doors and the building exits. Landlords and building owners are liable for burn injuries and deaths that occur due to locked fire exits or building code violations involved in a fire, sprinkler systems that don't work, lack of working smoke detectors, an absence of clearly marked fire exits, or a failure to provide properly working self-closing door devices. Some of the various fire and burn cases Jaroslawicz & Jaros has handled in the past include:

Levaquin

If you have been taking the antibiotic Levaquin and have suffered from a rupture in the tendon, shoulder, bicep, or elbow, then you may have a valid claim and should consider consulting with an attorney. Side effects due to Levaquin have been reported by the Federal Drug Administration, The FDA, and include Achilles tendon damage and tendon ruptures in the biceps, shoulder, hand, and thumb. The FDA has advised people taking Levaquin to discontinue use at the first sign of pain. If you have been taking the antibiotic Levaquin and you have had trouble walking, bruising or swelling in a tendon area, severe pain that comes on suddenly, or the inability to move or bear weight, you may have a claim. Levaquin, manufactured by Ortho-McNeil Pharmaceuticals, is in a class of drugs called quinolones and is generally prescribed to treat cases of bacterial infections affecting the lungs, skin and urinary tract. When an individual with a medical condition or illness turns to medication for treatment, they hold a high expectation that the medication will improve their condition, not weaken it. However, if you suffer an injury as a result of taking that medication, you may be entitled to recover your damages, which includes all of your medical expenses as well as your pain and suffering from the doctor who prescribed the medication, from the doctor who failed to properly monitor the medication and possibly from the company that manufactured the medication. The New York City injury lawyers at Jaroslawicz & Jaros, PLLC have many years of experience in dealing with cases involving medication and drug-related injuries and the all the resources necessary to successfully litigate your case. The lawyers of the firm of Jaroslawicz & Jaros, PLLC were among the legal pioneers who developed the concerted action theory that was first utilized against drug manufacturer Eli Lilly Pharmaceuticals, who had manufactured and sold DES, a drug that caused cancer in children decades after their mothers had ingested the drugs while pregnant. Bichler v Eli Lilly 55 N.Y.2d 571, 436 N.E.2d 182, 450 N.Y.S.2d 776 (1982).

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