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Whiplash, a term used to describe a neck strain, is one of the most common auto accident injuries. When a serious collision causes the head to suddenly jerk forward or backward, the neck tendons and muscles may be stretched and torn. If you or a loved one has developed neck pain and stiffness after a car accident, you should learn more about the symptoms of and treatment for whiplash.

Symptoms of Whiplash

A man having his shoulder massaged

If you have whiplash, you will likely experience some of the following symptoms:

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Train accidents often result in severe injuries and sometimes death. Research indicates that approximately 150 people every year get hit by moving trains, and at least 50 victims die. When a train accident occurs, the victims may find it necessary to sue the party at fault. Here is what you need to know about New York train accidents.

Common Types Of New York Train Accidents and Their CausesA subway train with the doors closed

Travelers using the New York City subway get exposed to risks and accident predisposing factors such as over speeding, braking failure, electrical malfunctions, intoxication malfunctioning subway equipment, and poor maintenance of trains. Additionally, sudden stops, operator negligence, and failure to label hazards may lead to fatal train accidents. While most train accidents occur due to the lack of preventive measures, some rare cases result from natural causes like storms and earthquakes. The most common forms of train accidents involve derailing, train collisions, and pedestrians getting hit by trains.

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Business’ covered by a Business Loss Insurance Policy may be entitled to certain coverage for COVID-19/Corona Virus losses.  The criteria to trigger coverage depends on the language of your insurance policy.  Most business insurance policies require that the insured (business owner) show actual physical damage to their premises in order to collect for the losses.  Thus far in the pandemic, the insurance industry has predictably taken the position that the virus has not caused actual “physical damage” and thus, they are repeatedly denying claims that have been by brought business owners due to COVID-19/Corona Virus. We do not necessarily agree that the insurance carriers are correct.

On the contrary, there are valid arguments that coverage should be afforded to business owners.  For instance, if Covid-19 contamination to a business facility or property has occurred, it can be argued that that is tantamount to physical damage and loss of use of the property, interrupting business and causing massive losses. If ingress or egress is blocked due to contamination, it may be covered.  Further, if actual contamination has occurred to certain dependent or contingent locations relating to supply, distribution, or customer chains, coverage may be afforded.  Obviously, the damages due to the pandemic are massive (clean-up expenses, contamination mitigation expenses, cancellation of business events, operations, etc.) but that alone should not be valid basis to deny coverage. Also, civil authority orders that have caused shut-downs and disrupted business may be a basis for coverage.

At Leav & Steinberg we were one of the law firms that represented large numbers of New Yorker’s struggling to collect insurance benefits owed to them after Super Storm Sandy.  In those cases we were successful in recovering millions of dollars for businesses and homeowners – most of whom had had their claims denied by their insurance carriers.  We again look forward to the fight for fairness.

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Leav & Steinberg LLP is excited to announce that Julia S. Slater joined our team of personal injury attorneys in September 2019 and has recently been admitted to the New York Bar. Ms. Slater now works as an Associate at our firm and concentrates her practice in litigation, specializing in personal injury, product liability, and mass torts. She is admitted to practice in the States of New York and New Jersey.

Educational Credentials

A headshot of Julia S. Slater, an Associate at personal injury law firm Leav & Steinberg LLP in New York, NY

Ms. Slater graduated from Syracuse University in 2016 and received her Juris Doctor from the Benjamin N. Cardozo School of Law in 2019. While in law school, Ms. Slater participated in the divorce mediation clinic and Trial Advocacy Program. She was also a contributor to the Cardozo Arts & Entertainment Law Journal.

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Sometimes you have to see through the issues, believe in your case and fight harder than others, in order to bring true justice for your client.  Partner, Daniel Leav did just that on a matter the firm resolved last week.  The matter was scheduled to being jury selection on 1/7/20 in the Supreme Court.  Our client, 43 years old, was traveling in a taxi cab at JFK airport several years ago, when a tractor trailer collided with the taxi.  There was conflicting testimony from both drivers as to which vehicle had merged into the other.  There was very little visible damage to either vehicle.   The client, who had prior back injuries with residual foot drop, began experiencing increased back pain after this accident.  He tried conservative care and when this failed he did undergo a lumbar surgery with fusion.  No claim for lost wages was made.

What makes the matter worthy of reporting, was that the defendants had 1) made a motion for summary judgment arguing that the accident could not have caused the injuries and that their examining doctors did not find any causally related permanent or significant injuries; 2) retained an accident reconstruction expert to opine that based on the G force and the lack of any damage, given the speed the vehicles were traveling, the plaintiff could not have sustained the lumbar injuries he claimed.

The client contacted Leav & Steinberg, LLP and asked us look into this matter.  With exceptional preparation we positioned the case for a successful outcome.  Partner Daniela Henriques, who heads the firms motion department prepared an exceptional opposition brief.   We defeated the motion for summary judgment and had prepared a motion to exclude the defendant reconstruction expert from testifying because he had not done certain important tests, examined the subject vehicles and thus should not be permitted to testify.

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Leav & Steinberg, LLP is proud to announce that associate Ricardo Martinez took a verdict on December 4th, 2019 in the Supreme Court, Kings County.  We represented a middle-aged woman who fell on a wet floor in her lobby.  We alleged that the super of her building had been mopping and had removed all signs and warnings.  She landed on her non-dominant wrist and was in immediate pain.

We were retained immediately and were able to demand that the owner preserve the video showing the area in question before, during and after our accident.  This was critical because the EMS workers who came to her apartment after she was taken upstairs, made an error indicating she fell in the bathroom.  The video was critical proof to the contrary.

She underwent surgery and had follow up medical care.

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On Tuesday, May 21, 2019 Partner Edward Steinberg attended the New York State Trial Lawyers Association (NYSTLA) Civil Justice Lobby Day in Albany, New York. As President-Elect of NYSTLA, Mr. Steinberg had the opportunity to meet with several New York Senators and Assemblymen to express NYSTLA’s support for five bills that are currently on the 2019-2020 legislative agenda. These bills include The Grieving Families Act, The Fair Claims Resolution Act, a bill updating mandatory insurance coverage limits, a bill fighting forced arbitration, The “Scaffold Safety Sunshine Law,” and The Patient Safety & Patient Privacy Protection Act.

The Grieving Families Act

The Grieving Families Act seeks to provide additional damages to the families of wrongful death victims. Wrongful death lawsuits are claims for money from someone whose negligence caused another’s death.

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LEAV & STEINBERG, L.L.P. is proud to announce that REGINA KOYFMAN has joined the firm as an Associate.  Regina’s bio is as follows:

Regina Koyfman joined Leav & Steinberg LLP in May of 2019. Previously, Regina was an associate at JPMorgan Chase & Co. and worked in personal injury during law school. She is admitted to practice in the State of New York. Regina is dedicated to zealously advocating on behalf of clients and helping them navigate the oftentimes complex legal system.

Regina graduated from Susquehanna University in 2012 and received her Juris Doctor from New York Law School in 2016. While in law school, Regina was a member of the mediation clinic and mentored underprivileged youth about the law through the Street Law program. She is fluent in Russian.

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Have you been injured in a labor accident? It is imperative that you know your rights and understand that you may have a third-party claim in addition to your workers compensation claim. The team at Leav & Steinberg is equipped with seasoned and zealous advocates prepared to fight for your rights and ensure the most favorable disposition.

There are two prevailing Labor Law sections which impose strict liability upon contractors and owners if protection for workers are insufficient. The legislative intent behind the enactment of these crucial statutes is to emphasize the importance of safety work practices and enforce accountability for negligence in the workplace by holding these owners and contractors responsible.

The partner managing the Labor Law Department at the firm is Daniela Henriques.  She has successfully argued before the appellate division on the issue of the Labor Law and its practical application to many cases here at Leav & Steinberg.  Her cases have continued to be cited by other lawyers and firms in New York City.

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Plaintiff was walking outside of a parking garage on the way to pick up her young daughter from day care when she tripped and fell over a broken sidewalk. Pursuant to New York City Administrative Code Section 7-210 the owner of real property is liable for the maintenance of their sidewalk.  An exception is made for 1, 2 and 3 family owner occupied homes wherein the City of New York is liable. The plaintiff fell on her left knee, but continued on her way in pain to get her daughter.  When she arrived at the daycare facility she advised the teacher.

Following this accident our client tried to manage her pain and discomfort by applying Tiger Balm and Ice Packs to both knees and using over the counter pain medication.  She also tried some exercises, which was of no help.  Due to the fact that her medical condition was not improving, and she began experiencing increased persistent pain to both of her knees, it became clear that she needed medical attention.

She went to the hospital and told the emergency room doctor about her fall on the sidewalk 3 months earlier.  X-Rays were taken and she was found to have no broken bones.  She was released and told to follow up with a private doctor.  The plaintiff came under the care of an orthopedic surgeon.  She had an MRI of the left knee and was told she would need arthroscopic surgery.  Approximately 18 months after the accident she underwent left knee arthroscopic surgery

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