Scott C. Gottlieb, Injury Law Attorney

We often get calls from assault victims interested in pursing a claim against the assaulter or the establishment where the injury occurred. While claims such as this are possible, there are several reasons that discourage us from pursuing these types of cases. Most significant is the fact that injuries that are intentionally caused are normally not covered by insurance, such as the assaulter’s homeowners policy. Therefore, it is necessary to sue the individual and hope to collect from any personal assets owned by him. Under some circumstances, if the assaulter was illegally served alcohol by a commercial establishment, an action can be brought against the bar or convenience store that improperly provided the assaulter with the alcohol. However, these cases are difficult to prove and often, if the establishment is a bar, there may be no insurance or no assets to collect from. Nevertheless, if someone is a victim of a crime and they have incurred medical expenses, property damage and/or lost wages, they may apply to the New York State Crime Victims Assistance Center. With a proper application, this agency will, in most cases, pay for uninsured medical expenses, property damage and/or lost wages. The number for your local office of the Crime Victims Assistance Center can be obtained from the police department, the district attorney’s office or the phone book.

Labels: general, injury

You may have read recently that the Oscar Mayer Weinermobile was involved in an accident. Many people might wonder whether or not such a vehicle falls within the same category as the family sedan. In New York, it does. It is still a motor vehicle as defined by law. As such, any injured passengers would be entitled to no-fault benefits for medical expenses, lost wages, etc... Provided their injuries meet the threshold for a serious injury pursuant to the Insurance Law, they would also be entitled to compensation for pain and suffering. In addition, if the driver or any of the passengers were working at the time, they might also be entitled to claim Workers Compensation benefits.

Labels: accidents, injury

Slip and fall accidents don’t always occur because of slippery or uneven walking surfaces. Often, poor lighting is the cause of the accident. For example, when walking through a restaurant, there may be carpeted steps that are not clearly marked or are poorly lit. In that case, a patron might not be aware of the existence of steps, causing them to fall. More and more restaurant establishments are lighting the steps or marking them clearly with bright tape. Sometimes their failure to do so can result in a claim against the restaurant. We are currently pursuing a case where a restaurant patron came in from the outside on a very sunny day. Before their eyes could adjust to the interior lighting of the restaurant, our client fell down a flight of steps as the hostess led the party to their table. Our case is based on the fact that the steps were not properly lit and that the restaurant hostess did not give our client any warning as they approached the steps.

Labels: accidents, injury

More often than you realize, injuries can occur on the golf course. Golf carts are capable of achieving speeds of at least 10 mph and can cause significant injury, especially when the victim is hit while standing out on the course. In some cases, the golf course itself may be liable. However, most of the time, the victim may proceed against the cart driver’s homeowner’s insurance policy. If the golf cart driver is at fault, his homeowner’s carrier will be responsible for medical expenses and lost wages, as well as compensation for pain and suffering.

Labels: accidents, injury

All Terrain Vehicles (ATVs) are three or four-wheeled motorized used for off-road riding. They have gained enormous popularity in the last decade. In many ways, these vehicles are ideal for recreation, rescue efforts, and quick, easy transportation in off-road areas. However, in the last 20 years, more than 6,000 fatalities have occurred from injuries associated with ATVs, according to the Consumer Product Safety Commission. The group estimates that at least 30 percent of all the people involved in ATV accidents are children.

When ATVs first entered the market in the 1970s, they were three-wheelers, and there were virtually no safety standards. The vehicles were involved in so many rollovers and injuries that the U.S. Justice Department filed a lawsuit alleging that ATVs and their manufacturers violated the Consumer Product Safety Act. In 1987, the ATV manufacturers agreed to stop producing three-wheeled ATVs, but did not recall the 2.4 million defective ones that had been already sold. Many of these extremely dangerous ATVs remain in use today.

Some ATV accidents are caused by manufacturing defects in the ATV itself. In legal terms, "manufacturing defects" are flaws in the manufacturing process that result in injuries. "Failure to warn" describes a situation in which a manufacturer knows of a hazard regarding the product and does not warn consumers about it. "Design defects" are errors in the product design that make the vehicle dangerous. Hundreds of thousands of ATVs have been recalled since 2000.

If you or someone you love has been injured in an ATV accident and it was due to someone's negligence or a mechanical defect, you may be able to be compensated for your loss. Some things can never be replaced, but through the legal process you may be entitled to compensation for medical bills, vehicle repairs, pain and suffering, loss of earning and future loss of earnings. In the extremely unfortunate event that a death has occurred as a result of the accident, you can file a wrongful death suit.

Labels: accidents, injury

The state of New York has an estimated 700,000 hunters whose arsenal includes shotguns, rifles, muzzleloaders and even handguns. These incidents often involve members of the same hunting party and result from accidental discharge or unsafe handling of the firearm, or from the victim being out of sight or mistaken for game.

Compared to other outdoor sports, hunting is statistically safe. Unfortunately, accidents do happen and are often the result of hunting safety and game law violations that include:

- Running or walking with a loaded firearm,
- Placing or removing a loaded firearm in a vehicle,
- Firearms in insecure resting place,
- Shooting across the roadway,
- Shooting near occupied buildings, schools and playgrounds,
- Unclear sight of target and beyond,
- The firearm's "safety" has not been engaged, and
- Crossing fences, climbing trees or any awkward action with a loaded gun.

Homeowners insurance policies will often cover injuries caused by the negligent use of a firearm. This coverage may be available to the homeowner as well as other family members residing at the home. Some hunters also carry separate hunting accident insurance that may be obtained through certain hunting clubs and organizations.

Labels: accidents, general, injury

Construction accidents kill or injure thousands each year. Due to the heavy machinery, equipment and materials at construction sites, injuries incurred in construction site accidents are sometimes extremely serious. The law requires that construction companies ensure a reasonably safe site, develop and implement safety programs, inspect each site for safety compliance, coordinate job safety, warn of hazards related to the site and work, and prescribe the necessary protective equipment. Despite these regulations, construction site work remains one of the most dangerous jobs in the United States today, with the majority of injuries and fatalities associated with electrocutions and falls. Other hazards at construction sites include:

- Crane and scaffolding accidents
- Dangerous and defective machines
- Mechanical and chemical handling of compressed gas
- Logging accidents
- Welding, cutting and brazing injuries

Many construction accident cases involve several potential third-party defendants, parties such as the owners, architects, subcontractors and equipment manufacturers, all of whom may bear responsibility for your injuries. Third-party negligence is the legal term to assign liability for insufficient safety provisions or negligence to others. Construction equipment makers may also be found negligent if injuries are caused by the defective design and manufacture of their products ranging range from power tools to scaffolding to heavy equipment. Injured workers are most often prohibited from suing their employers or co-workers because of New York's Workers Compensation Law.

In any personal injury case, negligence must be proven and it must be established that the injury was caused by that negligence in order for a damage award to be made. You must be able to prove the critical elements of negligence including 1) the defendant had a duty to you, 2) the defendant failed in that duty, and 3) your injury was caused by the defendants' breach of duty and that damages resulted from the injury.

Construction companies are required by law to inspect each worksite to ensure worker safety. The contractor and all subcontractors must provide a reasonably safe work environment as well as warn workers of hazards that are inherent in the site and nature of the work. They must also take reasonably adequate steps to hire careful employees, coordinate job safety and supervise compliance with safety specifications.

Construction equipment manufacturers also have a responsibility to design and maintain safe products intended for use at the work site. This responsibility includes preventing the use of defective or unreasonably dangerous products. Products included (but not limited to) are: scaffolding, power tools, cranes, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, boilers, pressure vessels and gas detectors.

Labels: accidents, injury

Most boat crashes require that you send a report to either the state agency regulating boats or the U.S. Coast Guard. In the state of New York, you must file a report if the boat crash involved injuries that needed more than first aid, or if there was damage to any property above a certain amount. This is important. Failure to remain on the scene, provide aid, and report the accident in a timely manner is a crime. We also recommend that you report the incident to your insurance company. This is a requirement if a state or federal report was made.

Recreational boat crashes are governed by a number of city, county and state laws. Most boat operators have a legal obligation to operate their watercraft in a safe manner. If they do not, there may be criminal charges, and the people who were injured may be entitled to sue for damages. Boat owners also need to be careful about allowing other people to drive their boat. No matter who is driving, if the boat is in an accident, the boat owner may be liable for the damages.

Labels: accidents, injury

Only accidents which result in a serious physical injury entitle the accident victim to compensation for pain and suffering. The NYS Insurance Law defines a serious physical injury as any one of the following:

· Death

· Dismemberment

· Significant Disfigurement

· One or More Fractures

· Loss of a Fetus

· Permanent Loss of Use of a Body Organ or Member

· Permanent Consequential Limitation of Use of a Body Organ or Member

· Significant Limitation of Use of a Body Function or System

· A Medically Determined Injury or Impairment of a Non-Permanent Nature which Prevents the Injured Person from Performing all of the Material Acts which Constitute such Person’s Usual and Customary Daily Activities for not Less than 90 Days During the 180 days Immediately Following the Occurrence of the Injury or Impairment


These definitions can be difficult to understand and often require the assistance of an attorney in order to determine whether the accident victim qualifies as having suffered a serious physical injury. It is best to consult with an attorney soon after the accident occurs in order to make certain that your treating doctor is properly documenting your diagnosis, symptoms and prognosis.

Labels: accidents, general, injury

During labor and delivery, medical complications can result in birth injuries. Cerebral palsy and Erbs palsy are the most common cases we handle. Doctors and health care professionals must exercise the utmost care to avoid injury to babies during the especially vulnerable times of labor induction, Cesarean section, and mechanically assisted (forceps) births. Babies who experience severe oxygen deprivation to the brain, or head trauma, during these delicate obstetrical procedures often die or face lifelong disabilities. Approximately 10,000 babies each year develop Cerebral palsy (a condition which impacts the ability to control movement) as a result of oxygen deprivation. Oxygen shortage also causes hypoxic-ischemic cephalopathy brain damage. Other types of traumatic obstetric birth injuries include prenatal asphyxia, Erbs Palsy or Brachial Plexus Palsy, Klumpke's Palsy, Torticollis, and Shoulder Dystocia. Fractures, spinal cord trauma, cephalohematoma and intracranial hemorrhage may be the result of preventable obstetrical damage. Common errors for which medical providers may be held responsible are as follows:

- Difficult or prolonged labor (often due to a large baby);

- Failing to detect the umbilical cord wrapped around a baby's neck;

- Unreasonable delay in performing an emergency Cesarean section;

- Failure to test and treat conditions during pregnancy, or misdiagnosis

- Failing to recognize negative fetal signs

Labels: injury, malpractice

Dog bites in many states are governed by statutes that hold dog owners liable in many cases. However, there are no such dog-bite statutes in New York state law. There are leash and restraint laws on the local level, which may differ from city to city. In New York, any owner, keeper or landlord may be held liable if proper steps are not taken to prevent injuries caused by a vicious dog. This makes them accountable for injuries sustained if the dog was not properly secured on their premises or on a leash.

Thousands of innocent people every year are bitten, seriously injured or killed due to dog-bite injuries or animal attacks. Each year there are more than 850,000 dog bites requiring medical attention and more than 4 million dog bites ranging from minor injuries to serious dog maulings.

Labels: accidents, injury

Damages resulting from physician error happen more often and can be more extensive than many realize. While doctors' improper diagnoses are seldom intentional, their lack of intent provides little comfort to those confronted with a life-altering judgment of cancer. Misdiagnosed patients are often subjected to unnecessary, harmful, painful and expensive treatments. Untreated cancer can kill, and innocent mistakes can cause curable cancers to remain untreated and dangerous. A cancer misdiagnosis also has the potential to cause victims to develop other physical and psychological conditions that require future treatment - contributing to financial hardship and severely inhibiting the victims' ability to sustain meaningful employment.

Cancer misdiagnosis can most frequently be attributed to:
· A cancerous (or malignant) tumor is identified as non-cancerous (or benign).
· A cancerous lesion is missed in the biopsy procedure.
· Failure to refer a patient to a specialist for further testing.
· A malignant tumor is misclassified as to type or misgraded as to aggressiveness.
· Specimens are mishandled by pathology, or improperly read or interpreted.
· Failure to follow up with a patient if cancer should have been suspected.
· Failure to adequately screen for increased risk patients (age/ethnicity/family or personal history/gender).
· Failure to understand or notice the nature of a patient's complaints.

Labels: injury, malpractice

Any person injured through the use or operation of a motor vehicle is entitled to be paid no fault benefits. These benefits are available to drivers, passengers, pedestrians or anyone else who is using or operating the vehicle. However, the driver or passenger of a motorcycle is NOT entitled to no fault benefits, but may be entitled to compensation if someone else was at fault in causing the accident.
No fault benefits may also be available to be paid even if the vehicle was involved in an accident outside the State of New York. There are strict time limits that apply to the application for no fault benefits as well as the submission of claims for same.

No fault benefits including payment for the following accident-related expenses:

- Lost Wages

- Medical Expenses

- Prescriptions

- Mileage reimbursement for transportation to and from all medical providers

- Reimbursement for private health insurance premiums that are paid by the injured
person

- Death benefits in the event of a fatality

Labels: accidents, injury

Each spring and summer, we receive many inquiries regarding injuries that occurred while playing sports. Most of these inquiries are from parents whose children have been injured during an in-school or after-school sporting activity. For the most part, most sports injuries are not actionable. In other words, playing a sport inherently has certain risks of physical harm. This means that the participant assumes the risk of getting hurt during normal play. For example, a child who breaks his ankle sliding into home plate will most likely not have a claim against the school, park or any members of the team. There may be exceptions where the injury results from a dangerous condition on the playing field or if the person in charge creates a dangerous situation that is outside the scope of normal sports activity. Each case is different, but a person cannot bring a successful legal action merely because he/she gets hurt playing sports at school, on a ball field or at a social event.

Labels: injury

MANY MALPRACTICE CASES ARE
NOT ECONOMICALLY FEASIBLE

Often in our daily practice, we hear of incidents where medical providers have clearly made an error which has caused harm to a patient. These errors are a form of negligence which are commonly known as medical malpractice. However, many of these medical errors have not caused enough harm to the patient to warrant a medical malpractice legal action.

A medical malpractice case is very time-consuming and expensive to put together. It is necessary for us to hire other medical professionals who are willing and able to testify at trial. Additionally, we often need to hire economists and vocational rehabilitation experts to demonstrate how the medical malpractice has impacted the client’s ability to work or perform household duties.

Therefore, it is not unusual for us to spend anywhere from $15,000 to $50,000 to prepare a medical malpractice lawsuit. Moreover, these cases may be complicated and therefore require many hours of office time.

Accordingly, we do not recommend medical malpractice actions unless the injury is so serious as to justify the many dollars and hours that it takes to bring it to a successful conclusion.

Labels: injury, malpractice

We have received several inquiries about the possibility of bringing a legal action against the manufacturers of the tainted pet food that was recently distributed throughout the United States. Generally speaking, most states do not permit an award of damages for the loss of your pet's companionship. This means that any legal action would be limited to recovering for your veterinary expenses and the value of your pet if the animal died. In these states, the cost of bringing a lawsuit would likely exceed any potential monetary recovery. Therefore, we are not recommending that individual pet owners get involved with legal actions. If, however, a law firm begins a class action on behalf of the thousands of individuals affected by the tainted food, you may wish to consider joining that class action. Class actions allow a law firm to bring a case on behalf of many individuals who have a relatively small claim. If you have such a claim, you should check on the internet to see if any law firms are getting involved with these class actions.

Labels: general, injury