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

Does a Construction Boom Mean Worker Doom?

Q: Has a decrease in safety inspections caused an increase in New York construction accident cases? Like a parade of pallbearers, construction workers gathered recently at a non-union construction site carrying black coffin-shaped boxes on their shoulders to insist on better safety measures on New York City's construction sites. The rally was at least partially in response to the progressive decline in safety inspections and the corresponding jump in construction-related fatalities both in New York City and in New York State as a whole. A recent report by the New York Committee for Occupational Safety and Health for the period 2011-2015 found the following pertinent statistical trends:

Attorneys Help Victims Avoid Roadblocks in a Hit-and-Run Accident

Q: What should I do if I can't obtain an accident report from my pedestrian accident?

In New York, automobile accidents are common. In most cases, the parties involved stay at the scene, exchange information, and await the arrival of the authorities. Sometimes however, one party - - usually the one at fault - - may flee the scene leaving dead victims or people with personal injuries behind. When you've been injured by the negligent, reckless, or intentional actions of someone else, you may commence a personal injury action to recover the damages you sustained as a result of the accident. While each case is different, damages generally include current and future lost income, medical expenses related to the accident, anticipated future rehabilitation costs or medical expenses, pain and suffering, property damage, and more. But it isn't enough to suffer serious injuries. You must be able to prove that the other person caused those injuries. In the case of a hit-and-run accident, the victim begins at a point of disadvantage. First, the victim may be hospitalized for those serious injuries. She may or may not have --or be able to relay to the police-- any helpful information about the driver that hit her. Were there witnesses to the accident? Was there a police report? Was there an investigation? In any automobile accident, but particularly a hit-and-run situation, time is the enemy of the victim. If an investigation is not handled promptly and appropriately, important evidence to help prove the victims case might be lost forever. These are just some of the reasons why it's important for anyone who is seriously injured in an accident to contact an experienced personal injury attorney as soon as possible. Doing so will enable you to have an advocate on your side who will fight for your rights and attempt to maximize your recovery. Your attorney will be able to access important reports, including police reports, and will reconstruct the accident and interview any necessary parties before they forget important details or disappear. One case that illustrates the importance of hiring a personal injury attorney immediately after an accident is the case of a Fordham University student who was struck by a minivan in mid-December while crossing the street. She was "sent skidding dozens of feet along the road" as her sister and friends looked on and she suffered extensive injuries, including a fractured pelvis in seven places. Since the victim was in ICU, her stepfather reportedly reached out later that day to the local police to get a copy of the police report from the accident, where witnesses reportedly took photos of the license plate of the hit-and-run driver. The step-dad alleges that the police initially denied a record of any accident and then refused to give any details claiming only the victim herself could get information. Frustrated with an apparent run around, the man says he sought and viewed video surveillance tapes from nearby businesses and had a judge friend intervene to get some answers. Thereafter, a police report did materialize, but it was reportedly written "as if the driver remained on the scene" and it curiously contained summaries from the victim--who the step-dad and sister claim never spoke to the police. The mystery continued as the stepfather learned that the driver of the minivan reportedly called "called 911, said he was worried for his safety, drove off and then returned to the accident". He was not charged with leaving the scene. The step-dad's time-consuming investigation continues. When a loved one is seriously injured, you should be able to focus your attention on their recovery rather than on attempting to conduct your own investigation and navigating potential or actual road blocks to the truth. A personal injury attorney can take that burden from your shoulders so you can focus on your loved one. If you or a loved one has been injured in any kind of accident that was not your fault, the personal injury attorneys at Jaroslawicz & Jaros can help. Call us for a free consultation at 212-227-2780.  From our Manhattan offices, we've been representing clients throughout New York and nationwide for over 40 years

Attorney David Jaroslawicz is set to Speak at the 40th Annual Civil Trial Practice Institute program, "A Bridge the Gap for Litigators"

David Jaroslawicz is proud to have once again been invited to participate, together with other prominent Judges and attorneys, in the 40th Annual Civil Trial Practice Institute program, "A Bridge the Gap for Litigators" , and will speak about "Conference and Settlement and Mediation in Commercial and Personal Injury Cases".

Government Owned Nursing Home Sued Over Veteran's Slip and Fall Death

What is nursing home negligence?

The U.S. Government, owner and operator of James J. Peters Nursing Home in the Bronx, is being sued in connection with the death of an elderly Vietnam War veteran who died after two slip and fall incidents on the same day in 2014. The lawsuit contends that the government failed to provide the appropriate standard of care by not assisting the patient with getting out of bed. After the falls, the nursing home failed to provide him with the appropriate medical treatment. The suit also contends that the government was negligent for hiring incompetent staff and failing to properly train them. The staff failed to supervise the patient and did not treat him after the falls, which subsequently led to his death, according to the complaint. As tragic as this case is, claims of nursing home negligence are not uncommon. In fact, the elder care system is plagued by incidents of abuse and neglect. It is unclear whether this being a government run facility was a factor in the patient's death; however, the lawsuit claims the government as owner was negligent, in violation of the New York's health code, and that this negligence was tantamount to medical malpractice. It is important to note that nursing homes are required to develop a care plan when a patient first enters a facility. This includes an assessment of the amount of assistance a patient will need to move around the facility safely. However, when patients are poorly supervised falls are not uncommon. Patients can slip on wet floors, fall out of poorly fitted wheelchairs, or from beds that are too high. These incidents can be prevented if there is adequate staff on hand to ensure that residents are assisted with moving around. The lawsuit also contends that the staff was incompetent and poorly trained, which is also not uncommon, in both government and privately run facilities. Whether due to budget constraints or greed, nursing homes often look to cut costs and their facilities are either inadequately staffed, or the staff is inexperienced. In the end, cases of nursing home negligence that lead to injuries and death are on the rise. While the outcome of this case is uncertain, experienced personal injury attorneys continue to fight for the rights of the elderly and hold nursing homes accountable.

Judging the Police Over Shooting Deaths

Q: Can the police be sued for wrongful death?

It's one of the earlier cases to thrust into the national spotlight the now commonplace issue of racial tension between the police department and people of color. In 2012, a white male New York City Police officer shot and killed an unarmed black man in his apartment under circumstances that are being reviewed still today. The officer was responding to a radio call from a narcotics team on surveillance advising that the 18-year old black suspect and some friends had left a "known drug location". The narcotics team also radioed a warning that they suspected the teen had a gun in his waistband. The officer and his partner tailed the suspects to an apartment house, where neighbors gave them building access. Then the cops proceeded to "break down" the teen's family's apartment door. The teen reportedly ignored the officer's repeated orders to "stop and show your hands", instead running into a bathroom to possibly flush pot down the toilet according to the officer. The officer claimed the teen reached for his waistband, which prompted him to draw his gun and fire, killing the teen with a bullet to the chest. In addition to defending a wrongful death action against the city by close relatives of the suspect who was killed (which was reportedly settled for $3.9 Million), the police department conducted its own investigation to determine what, if any, disciplinary action should be taken against the officer. The investigation reviewed both disputed and undisputed facts in the context of standard police procedure. In the case at hand, both sides of the internal investigation concede that the officer reasonably suspected the suspect had a gun. At issue however, is how the officer responded. Arguments in the officer's defense claim that he should not be second-guessed for split second decisions, that he was trying to take a weapon off the streets, and that if the victim had obeyed the officer's order to stop and show his hands, there wouldn't have been a shooting. Arguments on the other side accuse the officer of breaking from established police protocol, claiming that he should have instead "guarded the front door, called for back-up and waited for instructions from a sergeant". When a person is injured or killed by the negligent, reckless, or intentional actions of someone else, they (or in the event of a death their close relatives) may be entitled to sue for personal injury or wrongful death as the case may be. When someone is wrongfully killed, their loss can leave a tremendous burden on their close surviving family members. By pursuing a wrongful death action, family members can recover such compensation as death-related costs like medical, funeral, and burial expenses, as well as loss of income or financial support, pain and suffering, and loss of comfort, depending on their relationship to the victim. In addition to proving these damages, the family must prove the defendant's negligent, reckless, or intentional conduct caused the victim's death. It is important to note when suing government agencies like the police department, a notice of claim must be filed very quickly in order to preserve the right to sue. That's why it's important to contact a skilled personal injury and wrongful death attorney immediately after the incident in order to preserve the right to sue and maximize the amount you may be entitled to recover. The attorneys at the Manhattan law firm of Jaroslawicz & Jaros have more than 200 years of combined experience handling personal injury and wrongful death cases and we can help you. Call us today at 212-227-2780 for a free consultation. We help victims from all over the State of New York and nationwide.

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