Articles Tagged with “manhattan injury lawyer”

Published on:

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.

Published on:

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.

Published on:

summer camp
As the summer is winding down, I was thankful that my three kids will be returning home from sleep away camp this weekend.  Seven weeks of organized fun, controlled environment with loving and caring counselors and directors to make sure that my kids and others are safe.  As a personal injury lawyer, I am always concerned about the safety of individuals and was thinking of some of the recent camp cases my firm has handled.

When you sign up to send your child to camp, you are entrusting them with the duty to provide your child with a safe and reasonable environment.  Camp activities include, sports, waterfront activities, art, music, as well as many intercamp Olympics and color war.  Some of the greatest memories kids have are those made during these summers.

Yet, many camps fail to provide the most basic when it comes to reasonable care for the safety of its children.  Recently, I represented a young boy who was at a camp.  They had a banana boat ride.  Many of you may know that this is the ride where 4-5 kids sit on a banana shaped tube and a motor boat pulls the kids.  The goal was usually a fun ride along the lake.  Of course, the counselors and probably the kids, in an effort to make it more “exciting”, have the motor boat drive in a way to cause the banana boat to twist and turn in the wake and knock the kids into the lake.  Seems harmless.  Well it would be if you provided the kids with safety rules and guidelines.  What if the child sitting in the front of the boat, closest to the rope, is not given any hand signals in which to convey that they are not feeling safe or feel like they may fall forward into the rope towards the engine of the boat pulling the banana float.  The sound of the engine and the noise from the movement is such that you cant verbally communicate.  Such was the case and my client suffered a severe laceration (over 100 sutures) from his shoulder around his arm onto his forearm.  This left a lasting scar and permanent residual problems.  Leav & Steinberg, LLP was able to prove that the activity was being performed in a dangerous way with inadequate supervision and training of the counselors and a lack of communication with the campers.   Though the camp felt this was not a case, we were successful in proving otherwise and resulted in a significant award for the child and a recovery of his medical bills.

Published on:

Tesla Logo
As an attorney representing car accident victims quite often, the recent news of two Tesla vehicles that crashed while in self-driving or autonomous driving mode raised a lot of questions.  From the attorney perspective, we are taught to evaluate an accident applying two major elements.  The first element is negligence, a two prong question.  First, d id the operator of a motor vehicle, operate his or her car in a way that was unreasonable under the circumstances.  The failure to operate your car in a reasonable manner is the first element of negligence.  The second element is proving that that failure, was a substantial factor or proximate cause of the accident.  The lines are blurred when we consider modern technology.  We must now consider whether the vehicle itself was negligent.

Tesla advises all of its owners that it’s autopilot feature DOES NOT mean that the vehicle is operating itself.  However, all marketing and news stories are describing the benefits of placing the car in autopilot mode and allowing the car and its sensors to sense the road and vehicles and obstructions around it.  Given this dichotomy, one must ask if the warning given is sufficient to free Tesla of any responsibility.

Joshua Brown’s death was the first reported death while operating a vehicle in autopilot mode.  This month, his vehicle collided with an 18 wheeler when the autopilot feature and the surrounding sun glare did not allow the vehicle’s autopilot features to react in a reasonable and timely manner.  The National Transportation Safety Board is investigating this accident with a focus on fault of the vehicle’s autopilot features.

Published on:

Worker
At Leav & Steinberg, LLP we are often retained by construction workers who are injured during the course of construction, demolition or excavation work.  Under various sections of the Labor Law of New York, a worker in injured has  many legal rights and remedies to pursue to recover for pain and suffering as well as past and future loss wages.  In addition, as many times the injuries are life altering and permanent; often requiring future medical care.   For these select cases, our firm seeks to recover damages for the future medical cost the client will need.  In our ongoing effort to maximize a client’s recover, establishing a Life Care Plan for their future medical costs will allow us to negotiate a successful settlement and at trial to present competent evidence of these expenses so a jury can award both fair and adequately compensation.

The recovery of future medical expenses may seem both obvious and not necessary. Some lawyers might tell their client, not to worry they have Workers’ Compensation benefits and will or can use that for future medical care.  Others might say that the client’s private health insurance will cover them after the case is settled.  Lastly, as many client’s with permanent injuries apply for Social Security Disability which comes with both a monthly economic payment as well as Medicare, the attorney or firm will lead client to believe he or she can use Medicare and have no worries.   All the above are incorrect and without proper planning, presentation and obtaining the requisite proof a client can be without proper medial coverage for his or her accident related injuries.

The reason the options just mentioned are wrong and would lead the client to a false sense of security is because there are various laws, both State and Federal that state how a client, in a construction accident, can and should prepare and protect for future medical care.  Under present law in New York, when a client settles his or her third party lawsuit (that is a suit against someone other than their employer) while injured on the job, their Workers’ Compensation benefits usually end.  The reason is that under Section 29 of the Workers Compensation Law, a compensation carrier, is allowed to take a credit for the net award the client/employee receives from the third party case.  This credit creates a “holiday” in which the compensation carrier is not obligated to make payments.  For example: if an injured party settles a third-party case and nets after attorney fees, expenses and liens, $300,000.00, workers compensation will not have to pay this client any compensation benefits until he has used up that $300,000.00.  So if he was getting $30,000.00 a year in benefits at the time of settlement, he will not get compensation benefits for 10 years.  At that point the client can apply for benefits to continue but often has reached a certain age, passed away or is no longer entitled to benefits.   So advising a client that he can keep getting compensation benefits for medical is not going to be correct.

Published on:

  • Bed sore

When one is admitted to the hospital, it is always due to a medical condition; either emergent or developing. Whether serious or just for monitoring the hospital and its staff must always remember, the safety of the patient is paramount.  Unfortunately, what often happens with those who are laid up is that their body begins to breakdown and develop what is knows as pressure ulcers or “bed sores”.

Bed sores develop when the body is caused to rest in one particular position for too long.  As many who are in the hospital have injuries or ailments that restrict movement, hospitals have protocol in place for observing the patient, monitoring any development of bed sores and of course, when seen, enacting a protocal ranging from rotation, to dressing application to adjusting the patient so that part of the body can heal.  The development of bed sores is not at all uncommon but with proper medical care and supervision can be avoided.  At the very least, any initial sign of a bed sore, can then be treated so as not to cause the spread or further deterioration of the skin.  Such bed sores are extremely painful and debilitating.

In pursuing a recent medical malpractice case on behalf of a patient who was in the hospital for unusual abdominal pain, Leav & Steinberg, LLP was asked to investigate how the patient could have developed not just stage 1 bed sores but sores that progressed all the way to a stage 4. Sadly our client passed away only a few months after developing the bed sores, but the family was distraught that he could have endured such a horrific and painful ending to his life, despite being under the constant care and supervision of what was supposed to be trained nurses and doctors.

Published on:

Dresser IKEA
Having a newborn is one of the great gifts life has to offer.  A new baby ready to discover the world. Parents ready to provide a safe environment.  However, many products that companies sell to the public are dangerous and can cause serious personal injuries and even death to the innocent and helpless.

This past week, the world’s largest retailer IKEA recalled 29 million dressers.  The Malm and other models of chests pose a serious hazard, and consumers were urged to anchor the items or return them, the U.S. Consumer Product Safety Commission said Tuesday on its website.  The dresser, it was reported had caused 6 deaths and had 82 incidents.

Sadly, the problem is not new.   As is often the case, it is not until litigation is brought or serious injuries or death occur that a company chooses to recall and fix a product; often placing profits over safety.

Published on:

Creepy crawlies belong outside, not in houses. People try many different methods to discourage bugs from entering their homes, whether it be a house or an apartment. There are many products one can use to kill bugs and keep them out of the home. But these products contain a lot of chemicals and can harm humans as much as bugs. And one needs to be cautious because these chemicals are highly flammable, as was shown in the fogger explosion in Chinatown recently.

Exploding Bug Bombs

A woman had a problem with bugs infesting her apartment. She purchased foggers, also known as bug bombs, to deal with the problem. Foggers release a fine mist of chemicals into the air that will filter into walls and small places to kill bugs. “A single six-ounce can is enough to treat 6,000 cubic feet of space, which translates roughly to an 800-square-foot apartment with a seven-foot ceiling.”

Published on:

There is a reunion or a wedding reception or another party at a hotel ballroom. The room is resplendent in opulence and old friends are renewing acquaintances. Dinner is announced and everyone sits down for a feast. After a wonderful evening, the attendees return home with wonderful memories. But after a day or two, the attendees start to have symptoms of abdominal cramping, diarrhea, nausea, vomiting, and low-grade fever. The doctor diagnoses it as norovirus.

Currently around the country norovirus is making people ill. Norovirus is highly contagious and commonly acquired through contaminated food or water. But it can also be “acquire[d] through close contact with an infected person.” Larger norovirus outbreaks are traced back to food preparation. Food poisoning is always a possibility whenever one goes out to dine. On May 1, 2013, Newsday reported that a hotel in Westchester County is being industrially cleaned top to bottom, overseen by the local health department, after 300 people complained of illnesses after attending events there. Norovisus is the confirmed cause of all the illnesses. How the virus came to be in the hotel has not been determined. The Centers for Disease Control and Prevention (CDC) issued a report in January that a new strain of norovirus called GII.4 Sydney is causing most of the current outbreaks and is highly contagious.

Getting sick is always a pain, but losing workdays and paying out for doctor’s visits can cost. While norovirus symptoms will last for a few days, some people may become severely dehydrated and need medical attention. So now lost revenues from missing workdays, doctors visit copayments, and hospital costs add up. Is there a way to recoup your loses?

Published on:

Regardless of where one sits on the issue of rights to domestic partners, there have been some current legislative activities in the New York state legislature that people should give some attention. The New York State Assembly Bill # A04024 is a bill intended to amend the executive law, “in relation to eligibility of domestic partners for compensation from the crime victims’ board, introduced in January 2014.”

This bill allows for domestic partners to be eligible to receive awards under the crime victims compensation allocation. On April 24, 2013, this bill passed the New York State Assembly and was delivered to the New York State Senate for consideration.

The New York State Office of Victim Services is the state entity involved with providing legal recourse and compensation for victims. There is a laundry list of eligibility requirements as well as a list of what a victim may be entitled to. That list includes: