Articles Tagged with “bronx injury lawyer”

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Chicago-Marathon
This blog is often filled with stories of clients who have sustained serious life altering injuries and have asked LEAV & STEINBERG, LLP to represent them in seeking the legal justice and adequate compensation due to the negligent actions of others.  Very often the cases take years to progress through litigation.  Very often at each step of the way (depositions, discovery inspections, physical exams) there are pitfalls and things that must be carefully planned in order to achieve success.  The outcome is usually a result of the hard work in preparation.  My personal life over these past six months is quite similar.

As this weekend approaches, I have been checking the weather in Chicago for Sunday.  Mostly sunny, high of 65 and low of 52.   Looks like perfect running weather.  If it was only that simple.  I made the decision to enter the lottery to run the Chicago Marathon about 6 months ago.  Luckily I got in.  That was where the hard work begins.  I have trained for the last 4 months with six days of working out and varied my runs with heart rate training, pacing sessions, and interval speed work.  The goal, to qualify for the Boston Marathon for April 2018.

I have previously run 4 marathons and have gotten within 4 minutes of qualifying.  That has not stopped my determination.  I am hopeful this year will be the year.  I am focused and mentally ready.  As my trainer has told me…the hay is in the barn….  time to run…  The last few weeks are tapering weeks so the running has decreased and the level of rest increased.  This can be tough as many of you on the east coast know….its mallomar season.

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Ladder accident
On August 10, 2012, while climbing down a ladder at work our client was caused to fall when the ladder tipped over as a result of being placed on wet Masonite. On the date of the accident the client was a 33 year old non-union electrical worker.  He left the job site by cab but upon arriving home he was in such excruciating pain he went to the Emergency Room.  He was admitted and diagnosed with a fracture to his pelvis and a herniation to his lower back.  The client tried to treat conservatively with physical therapy.  In February of 2013 the client attempted to return to work but due to his pain he was forced to go back out on Workers Compensation.   A former client of Leav & Steinberg, who knew the plaintiff from the neighborhood was discussing his accident and pointed out that he should speak with an attorney and recommended Leav & Steinberg given the success we had for him in the past.  After this meeting, the client contacted our office and retained us.

Leav & Steinberg, LLP immediately filed a lawsuit alleging Labor Law Sections 240(1) and 241(6), specifically Rule 23 Section 1-21(b)(4)(ii). Over the course of the next two years the client was required to undergo two surgeries; (1) for a torn labrum in his hip and (2) a lumbar fusion in order to stabilize the vertebrae at L4-5.  Leav & Steinberg, LLP completed discovery and had the matter placed on the trail calendar less than 3 years after the date of accident.  The parties participated in Mediation where an offer of $1,500,000.00 was made.  Upon the legal advice of Leav & Steinberg, LLP this offer was rejected by the client.  A motion was also made by Daniela F. Henriques, Esq., for partial summary judgment on the issue of liability pursuant to Labor Law Section 240(1).  The motion was still pending on the date of the settlement.  The defendants’ position on the motion was that the accident was caused solely by the decision of the plaintiff to use equipment that was not safe and not secured.

In light of the fact that the trial was scheduled for October, 2016, the defendant’s again requested that we participate in a second non-binding mediation.   They further argued that the client had made a good recovery and that his work history was sporadic.  In addition, they argued that given his intelligence and other skills he could return to employment and earn an equal salary; even if not as an electrician.

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The National Highway Traffic Safety Administration recently reported that at least 100,000 crashes might be related to “drowsy driving” or fatigue annually. These are shocking numbers that indicate just has serious the problem has become. Of that 100,000 total about 1,500 deaths and 71,000 injuries result. In dollar terms, this is about $12.5 billion in monetary losses each and every years. In other words, it is critical that all of us take this seriously.

More Data

According to the U.S. Centers for Disease Control–in their “Morbidity and Mortality Weekly Report” — nearly 4.2 percent of drivers admitted having fallen asleep while behind the wheel in the last month alone.