Articles Tagged with “new york accident lawyer”

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IMG_2925-300x224
Every once in a while, we are asked by counsel already assisting an injured client, to come in and provide further legal assistance and support.  Such was the case this past week when the firm resolved a case for a man who was 64 years old working at a building inspector the  NYC Housing Preservation Department.  On January 16th, 2014 he was inspecting apartments in a Brooklyn walk up.  He spent time going over the apartment conditions with a particular tenant.  As he left the apartment and began to descend the staircase he caught his foot at the top landing on a defective edge of the step landing as well as missing landing tile.

He fell down the flight of stairs and was immediately helped by the same tenant who called 911.  Sadly he suffered from a very serious shoulder surgery which resulted in him undergoing a reverse hemiarthroplasty which is a procedure where the normal ball and socket replacement is reversed and the ball is screwed into the humerus  and the socket is drilled into the shoulder joint.  This leaves extensive limited range of motion.

The client and his wife retained a lawyer in their neighborhood who practiced in several area.  She did an excellent job working on the case in the beginning few months.  The lawyer and the client then realized this matter would require more legal expertise in the field as well as a firm ready willing and able to take this matter to trial if needed.

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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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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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Eddie Fernandez
As I read the recent stories across the county of police officers using excessive force and taking the life of two men; I was reminded of the events of August 12th, 2012 right here in the Bronx.  28 year old, Eddie Fernandez, enjoying a day in his neighborhood was run down by a NYPD Police officer who decided to use his vehicle as a dangerous weapon and take the life of this young man.

Whether it was the shooting death of Alton Sterling in Baton Rouge, Louisiana, or the killing of Philandro Castile in St. Paul, Minnesota, the ongoing debate rages around the country.  When should or can a police officer use a level of force they know will or likely to cause serious injury.   Under the general definition an officer may use deadly force when he or she is threatened with the same force or the perpetrator is acting in a way that causes a likelihood of serious injury to others.

When my firm was retained by Eusebia Ramirez to represent her on behalf of her son, Eddie Fernandez for the unlawful and excessive force used, I immediately hoped that some video would exist that would show what happened that day.  Luckily, video surveillance does exist and the story it tells, rivals those recently shown around the country in the recent shootings.

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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.

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Exploding cars are de rigueur in action movies. But in real life, it is pretty scary. Think about the Ford Pinto and one pictures exploding gas tanks. This was used to great comic effect in the movie “Top Secret,” a parody of WWII spy movies. But there have been “32 rear-impact collisions that caused fatal fires resulting in 44 deaths in Grand Cherokees, and five accidents that resulted in seven deaths in Jeep Libertys” according to the National Highway Traffic Safety Administration (NHTSA).

The Investigation

On August 23, 2010, NHTSA opened an investigation into possible fuel tank explosions during rear-end collision and impacts. This investigation covered Jeep Grand Cherokees for model years 1993 to 2004, Jeep Cherokees for model years 1993 to 2001, and Jeep Libertys for model years 2002 to 2007. This investigation started as a safety defect investigation, but was upgraded to an engineering analysis to determine if the “vehicles contain a defect that presents an unreasonable risk to safety.” NHTSA said the design of the vehicle with “the location of the gas tanks behind the rear axle of the Jeeps could make them more vulnerable to being ruptured in an accident.”

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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.