PERSONAL INJURY
If you or someone you know has suffered an injury due to the negligence of a third party, you have the right to file a wrongful death or personal injury lawsuit to recover everything you have lost as a result of the injury.
Negligence is conduct by an individual, business or government entity that is unreasonable under the circumstances and that causes harm. It can happen in a multitude of ways: a slip and fall on a wet grocery store floor that someone forgot to mop; a rear-end automobile collision caused by an impatient driver who ran a red light; an attack in a dark apartment hallway that the landlord knew was dangerous. These are all examples of injuries which can give rise to a strong personal injury or wrongful death case.
Your injury need not be a physical one in order for you to be entitled to damages. For example, if someone subjects you to extreme verbal abuse, and the conduct causes you to suffer severe emotional distress, you may be entitled to significant damages even if you never spend a day in the hospital. Sometimes, an injury can lead to the death of a family member. In such a tragic case, the wrongful death laws allow a surviving child, spouse or parent to recover damages for the death of their loved one.
AUTOMOBILE ACCIDENTS
In New York, a person must prove two main issues in any car accident claim. Most attorneys and insurance adjusters call these two issues “liability” and “damages.”
Liability, or who was at fault; and the damages or amount of the loss; are the two most important factors in evaluating a potential auto case. The person must show that another party was negligent in the operation of their motor vehicle. Negligence is generally defined as a “failure to use reasonable care”.
In summary, following an accident, you may review one of the clearly defined subsections above to determine if you have sustained a “serious injury”. If you or your family member has not suffered one of the clearly defined injuries (ie. death; dismemberment; significant disfigurement; a fracture; or loss of a fetus), you should consult an attorney who will be able to determine whether your injuries may fall within on of the other categories of “serious injury” above. If you have not sustained a “serious injury’ in any of these categories, you may still have a case if you can show expenses or the potential for expenses to exceed $50,000. Either way, always consult an attorney who will be able to protect and enforce your legal rights.
KNEE & SHOULDER ARTHROSCOPIC SURGERIES
Arthroscopy is a surgical procedure in which an arthroscope is inserted into a joint. Arthroscopy is a term that comes from two Greek words, arthro-, meaning joint, and -skopein, meaning to examine.
The benefits of arthroscopy involve smaller incisions, faster healing, a more rapid recovery, and less scarring. Arthroscopic surgical procedures are often performed on an outpatient basis and the patient is able to return home on the same day.
Total Knee Replacement (TKR)- A total knee replacement (TKR) or total knee arthroplasty is a surgery that resurfaces an arthritic knee joint with an artificial metal or plastic replacement parts called the ‘prostheses’.
Anterior Cruciate Ligament ACL Reconstruction- The anterior cruciate ligament is one of the major stabilizing ligaments in the knee. It is a strong rope like structure located in the centre of the knee running from the femur to the tibia. When this ligament tears unfortunately it doesn’t heal and often leads to the feeling of instability in the knee. ACL reconstruction is a commonly performed surgical procedure and with recent advances in arthroscopic surgery can now be performed with minimal incisions and low complication rates.
SLIP & FALL ACCIDENTS
Slip and fall is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else’s property. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause you to slip and hurt yourself. Outside a building, you may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground.
Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe. Slip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.
Slip and fall cases are governed under negligence law. To win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. This can often be difficult to prove, since proving when a given hazard first appeared can be challenging. Example: If you slip and fall on a banana in a grocery store, absent some evidence of when the banana first fell onto the floor, it may be difficult to prove that the store “knew or should have known” about the dangerous condition. If the banana fell onto the floor ten seconds before you arrived, then the store most likely could not have known about it.
WORK INJURIES
The workplace can be a very dangerous place. According to statistics from the Occupational Safety and Health Administration, there were almost 5 million non-fatal workplace illnesses and injuries in 2002, and more than 5,000 fatal work injuries. Although these numbers appear to be decreasing, almost everyone is likely to suffer some type of work-related injury/illness during their working career.
Accidents in the workplace give rise to a wide spectrum of injuries – from conditions as apparently minor as aching backs to traumatic brain and spinal cord injuries. The principal causes of work related injuries include fires and explosions; exposures to toxic chemicals and other environmental hazards; work-related transportation accidents; slips and falls; electrocutions; machinery-related accidents; traumas from contact with heavy objects; and even on-the-job assaults by co-workers and third parties.
Workplace injuries are not limited to factories and construction sites. Even office employees are subject to a wide variety of serious work-related injuries, such as carpal tunnel syndrome and other repetitive stress injuries, sick building syndrome, asbestos, mold and lead poisoning, slips and falls, and even occupational stress
WRONGFUL DEATH
A wrongful death claim is a lawsuit, brought by the surviving family members and/or loved ones of someone who was killed as a result of someone else’s careless (negligent) behavior or an intentional act. This lawsuit is usually brought against the person, persons or entity believed to be responsible for the death. Central to the wrongful death claim is proof that those filing the claim have been harmed as a result of the death. Monetary damages are an important part of these lawsuits and range from medical and funeral expenses to loss of future income and benefits.
Before wrongful death laws were passed in each state, wrongful death claims did not exist. These claims were not allowed under common law, the legal principles that had been passed down from England to the United State over many centuries. Under common law, negligence claims died with the victims of the negligence, and so survivors did not have the right to recover for the losses they suffered as a result of the death of their loved one. Now, of course, all states have wrongful death statutes, and even though they are not identically drafted, there are some common elements at their core. When filing a wrongful death claim, survivors must typically show:
The person(s) being sued caused the death (completely or in part) of the victim.
The person(s) being sued were either negligent when they caused the death, or are responsible for the death as a matter of law (strict liability).
The victim’s spouse, dependents and/or beneficiaries are alive.
The victim’s death has caused monetary losses, compensation for which is being sought.
ESTATES & WILL CONTEST
What can I do with a New York will?
A will, also called a “last will and testament,” can help you protect your family and your property. You can use a will to:
● leave your property to people or organizations
● name a personal guardian to care for your minor children
● name a trusted person to manage property you leave to minor children, and
● name an executor, the person who makes sure that the terms of your will are carried out.
What happens if I die with out a will?
In New York, if you die without a will, your property will be distributed according to state “intestacy” laws. New York’s intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, and your spouse’s relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
What are the requirements for signing a will in New York?
To finalize your will in New York:
● you must sign your will in front of two witnesses, and
● your witnesses must sign your will.
MEDICAL MALPRACTICE
I have represented individuals who have been injured as a result of medical malpractice. Unfortunately, it’s a tragedy which happens all too frequently. Every day, doctors, nurses, and other health care professionals across the country commit acts of negligence that can result in serious and permanent injuries for the unfortunate patient. Whether it involves a physician’s failure to properly diagnose an illness, a pharmacist filling the wrong prescription, or a nurse’s mistake resulting from her failure to properly read a patient’s chart, medical malpractice in the U.S. results in millions of dollars of additional medical expenses for injured patients, and a lifetime of pain and suffering, both for the patient and for his or her loved ones.
Medical malpractice does not happen only in a doctor’s office or hospital emergency room. Nursing home malpractice is a serious and relatively unknown problem which afflicts millions of our senior citizens who reside in long-term care facilities and receive substandard health care.
There are countless types of medical errors that can give rise to a medical malpractice claim. Some of the more common examples of medical malpractice include:
● A nurse’s failure to remove a surgical sponge from the patient after surgery
● A surgeon’s operation on the on the wrong body part or even on the wrong patient
● An anesthesiologist’s improper administration of anesthesia prior to surgery
● A doctor’s failure to diagnose cancer or other serious illness
● Neglect of an elderly nursing home patient
● Prescribing a medication to a patient who is allergic to the medication
● A hospital’s failure to maintain sterile conditions