Articles Tagged with “new york accident attorney”

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In 2013, a New York Police Officer was responding to a motor vehicle accident in the Bronx.  While standing by her patrol car gathering documents to complete, an uninvolved van stopped uphill just ahead of the accident began rolling backwards.  Plaintiff, a single mother, working for the Police Department for over 10 years tried to move out of the way but was pinned between the patrol car as she was struck by the van’s sideview mirror.

She was taken to the scene by ambulance and treated for a right (dominant hand) wrist injury.  X-rays were initially negative, but within a week, the swelling had subsided and a radius fracture was diagnosed along with a nerve injury to her hand.

Leav & Steinberg, LLP had represented several members of her family before and been successful for them.  However, she was also aware that our firm’s reputation for successfully litigating cases against The New York Police Department for negligence. Wanting a firm that would fight for justice for anyone seriously injured,  she contacted partner Edward Steinberg, who came to her home and spent time understanding the details of the case, and limits the injury was going to cause on her career.

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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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TI Rap concert
As we reported previously here on May 30th, 2016 Leav & Steinberg, LLP was retained by several individuals who sustained serious and significant injuries at the T.I. Rap Concert.

For many excited concerts goers and fans, the night of May 25, 2016, was supposed to be filled with fun and music at rap artist, T.I.’s, New York concert held at Irving Plaza. Unfortunately, due to inadequate security measure and substandard emergency protocol, violence and gun fire erupted during the show inside New York’s famous music venue tragically leaving one person dead and others seriously injured.

Two of our clients at Leav and Steinberg, LLP were at the T.I concert at Irving Plaza to have fun and enjoy the show at the time of the shooting. They could have never expected that moments later they would be fleeing for their lives. At some point during the show, gun fire inside Irving Plaza sparked mayhem and chaos which quickly combined with overcrowded conditions that spread throughout the venue causing patrons inside the venue to flee to the nearest exits.

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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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Sidewalk
When Lt. Brendan Connolly a New York City Firefighter was responding to a local emergency, the dangers of being a firefighter were always in the back of his mind.  Smoke, trapped locations, innocent victims needing help.

However, the roads of New York City are often so dilipadated and filled with potholes and ruts that when his fire truck hit a recurring defect in a city street of Cypress Hills, Queens his life would change forever.

As reported here in the New York Post, Lt. Connolly fractured his spine and has been rendered disabled from working because of a sinkhole that has been recurring.  Neighbors report that this problem has been recurring for years.  Yet, the ability to legally recover against the City of New York for this defect is fraught with many hurdles.  Some nearly impossible to overcome.

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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.

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When a person has mental or physical disabilities too severe for family members to care for them, it may be necessary to seek out professional help and place that person into a group home. Placing a family member into a group home is an agonizing decision and families may spend a lot of time to find the best place with the money they can afford. There is an expectation that workers will care for the family member, but the New York Times has discovered that abusive workers are not being disciplined or fired when necessary.

New York Times 2011 Article

More than 2 years ago, the New York Times ran an investigative piece about abuses against disabled individuals in state-run group homes. It found many cases of abuse, but not many of those cases were referred to law enforcement. Out of the cases referred for termination proceedings, a miniscule number actually ended in the employee being fired.

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Bridges are ubiquitous in New York City. To get from Manhattan Island, Staten Island, or Long Island to each other or the main continent requires a bridge or a tunnel. And most of those bridges are for car travel. And cars get into accidents. Recently the Tappan Zee Bridge was the sight of a major accident that resulted in a death.

The Accident

On July 23, 2013, an S.U.V. caused an accident on the Tappan Zee Bridge. The S.U.V. was traveling south in the northbound lane just before 9 p.m. The S.U.V. crashed into a Nissan, which rolled over multiple times. A third vehicle avoided the S.U.V. and the Nissan, but was hit from behind by a fourth vehicle. A fifth vehicle sideswiped the S.U.V. before the traffic was brought to a standstill. The passenger in the Nissan was pronounced dead on the scene. Four others were injured and taken to local hospitals. Traffic was snarled for hours.

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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 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.”

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Medical Malpractice is “the improper or poor performance of a physician, … and other medical professionals.” Malpractice can be intentional or negligent due to an error or omission on the part of the doctor. If a person does not follow a doctor’s instructions or checks themselves out of a hospital, it is not the doctor’s or hospital’s fault for anything that happens to that person.

The Situation

A man went to a hospital because he felt suicidal. The hospital had personnel watch over him and put him on medication to stabilize him. He improved and checked out of the hospital.