Focusing on Personal Injury Law | New York City Personal Injury Lawyers

Our New York City Personal Injury Attorneys at The Orlow Firm are experienced in all types of personal injury cases including slip and fall accidents, car accidents, animal attacks/bites and wrongful death.

“The Orlow Firm limits its practice exclusively to matters involving
personal injury negligence.

When I started the firm well over a quarter century ago it became
increasingly evident after I started out in the general practice that to be
really proficient in any particular area there was just so much to know
about every area of law. If you didn’t concentrate, there was in all
honesty no way you could really become an expert in any area. You would be
a jack-of-all-trades, as they say, and a master of none.

That’s why there came a time when I said it was absolutely essential to
concentrate in one area.”

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Trial Begins in NYC Crane Collapse Case

Personal Injury can occur almost anywhere, especially construction accident sites. As New York City Personal Injury Attorneys, we know and understand the importance of maintenance of all construction machinery.

The trial has began in a case against the New York City owner of a crane that collapsed and killed two workers in May 2008 due to the owner cutting corners on a vital repair. According to prosecutors, Richard Lomma’s 200 foot tall crane was repaired by an obscure Chinese company found on the internet, instead of going with known manufacturers, because it was done for cheap. Prosecutors claim that the necessary steps to ensure safety of the repair were not taken, even after a company representative’s email warned “we don’t have confidence on this welding.” The crane came crashing down one month later due to the weld.

Lomma’s attorneys argue the source of the collapse was not due to the weld. They claim that the cause of the collapse was due to improper operation of the crane and that the owner had the weld inspected by city building officials before it was put back into operation.

If Richard Lomma is convicted, he would be facing up to 15 years in prison.

*Seen on New York City Construction Accidents Attorney Blog.

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Trucking Accidents | NYC Trucking Accidents Lawyer

Even with the driving limits and regulations placed on truck drivers for safety, large commercial vehicles are still some of the most dangerous vehicles on the roads. As New York City Personal Injury Attorneys we have seen all sorts of truck accident cases. Below is a few links to an article containing some stats about trucking and trucking accidents.

Trucking Accidents Part 1
Trucking Accidents Part 2

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National Truck Accident Statistics | Truck Accident Lawyer NYC

As New York City Personal Injury Attorneys we have handled a lot of truck accident cases. Here is an interesting article detailing some statistics about national truck accidents.

Truck Accident Stats Part 1
Truck Accident Stats Part 2

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Accident on FDR Drive | NYC Car Accident Attorney

Two men died at the scene of the accident when a 26 year old man struck another vehicle while driving northbound in the southbound lane on the FDR Drive. Both the 26 year old man and the driver of the other vehicle were pronounced dead when the paramedics arrived.

The crash involved another vehicle that was heading southbound. The driver of this vehicle, along with a passenger were hospitalized due to injuries from the crash.

After an accident, recovery is always most important. When you have recovered from your injuries, it is recommended you consult with a New York City Car Accident Attorney. Whether it is recovery money to help pay hospital bills or recovery to deal with the trauma an accident can cause, it is always in your best interest to find an attorney you to can trust to guide you.

*First seen on New York City Truck Accident Attorney blog.

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$500,000 Settlement in Pennsylvania Jail Death

December 29, 2011

A federal lawsuit filed over the death of a 48 year-old man in a Pennsylvania jail cell has been settled for $500,000. The man, Terry Johnson, died in February, 2007 as a result of peritonitis caused by a perforation to his intestine. The condition may have stemmed from gastric bypass surgery undergone by Johnson in 2002. According to the lawsuit filed by Johnson’s widow, Lorraine, had prison officials taken proper action, her husband’s death could have been prevented and he would have been spared 30 hours of excruciating pain.

Johnson had turned himself in after allegedly violating a single-count restraining order. He became ill shortly afterward. Although an electrocardiogram conducted by a jail nurse showed abnormal results, Johnson was offered no treatment. He was returned to his cell, where his repeated cries for help were ignored by prison guards and officials.

The out-of-court settlement was reached after several days of testimony taken in federal court in early November, 2011. The agreement contains no admission of wrongdoing by Fayette County prison employees, Pennsylvania officials say the $500,000 settlement will be paid out of an insurance liability fund managed by the state county commissioners association.

by Ruth Stern, Esq. for The ORLOW Firm

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Hip Replacement Failure Lawsuits Soar

December 29, 2011

An estimated 250,000 hip replacements are performed in the United States each year. Nearly a third of them involve all-metal implants, now known to be defective and to wear out prematurely. One faulty model, made by the Depuy division of Johnson and Johnson, was implanted in 40,000 patients before being recalled last year. Depuy has offered to pay for reasonable medical expenses not covered by a patient’s insurance. Many patients, however, are finding that these payments fall short of covering the full scope of their damages. Seeking compensation for damages such as past and future medical bills as well as pain and suffering and lost wages, patients are turning to legal action. As of October, 3,500 lawsuits have been filed against Depuy for the pain, disability and financial costs caused by their all-metal artificial hips.

To date, expenses for defective hip replacements have been borne by taxpayers, insurers and employers. These costs are expected to rise to billions of dollars and will contribute to the surging cost of health care. In order to recoup their expenses, Medicare and health insurance companies are seeking reimbursement from lawsuit settlements received by patients. Hospitalization and medical costs arising from faulty hip replacements, especially when complications and infections set in, can run to hundreds of thousands of dollars per patient.

In 2002, Sulzer Orthopedics paid out a record $1 billion to settle a class-action lawsuit involving defective knee and hip replacements. The Zimmer Durom Cup, recalled in 2008, has also been the subject of hip replacement failure lawsuit. Another company, Biomet, recalled a zirconia ceramic hip replacement product in 2001 and continues to be involved in lawsuits filed by patients damaged by this device.

by Ruth Stern, Esq. for The ORLOW Firm

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File A Workers Compensation Claim The Right Way

New York law mandates that employers carry workers compensation (also known as workers comp) insurance.  The purpose of workers comp insurance is to provide workers who become ill or sustain an injury on the job with the financial resources the need to pay for:

  • Medical treatment
  • Partial disability
  • Total disability
  • Permanent impairment
  • Death benefits to surviving family

In exchange for receiving these benefits, you as an employee must agree not to sue.

If you are injured in a construction site accident in New York you should notify your employer immediately. They then should document the incident with their Workers’ Compensation carrier and begin your claim.

In the meantime, you should also contact a New York Worker’s Compensation lawyer to assist you in resolving your claim.  Be sure to seek medical treatment immediately and carefully document:

  • All details pertaining to your accident
  • Your injuries and recovery
  • Bills and medical records you receive

These documents will be used to help build your claim so you can recover any lost wages and medical expenses.

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Worker’s Compensation vs. Construction Accident Lawsuit

If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence.  When you are injured on the Construction site, your best bet is receiving workers compensation benefits.  Though this is common, there are cases in which you can sue for damages.  These include:

  • Injuries caused by a defective product
  • Injuries caused by a toxic substance
  • Injuries caused by intentional or bad conduct of employer
  • If employer does not carry workers comp insurance
  • If a third party caused your injury.

In all but one of these instances, a third party caused the accidents.  Though you forfeit the right to sue your employer by accepting workers comp insurance, you can however contact a construction accident attorney new york to sue any third party involved in your accident.

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Suing A Third Party In A Construction Accident

Oftentimes construction workers injured on the job are only entitled to workers compensation benefits. Rarely does this compensation fully reimburse a worker for their pain, suffering and other losses. If you are injured on the job, depending on what caused your accident, you may be able to sue a third party in a personal injury lawsuit.

A third party claim can be filed against your employer if negligence or wrongful actions of a third party, such as another employee can be proved. This is especially common on construction sites where there are several subcontractors all working at the same time.

Common third party accidents include:

  • Falling from scaffolding
  • Falling into an unsecured elevator shaft
  • Being hit by falling tools or building materials
  • Falling into trench
  • Being struck by a crane, fork lift or other construction vehicle

While you wait for your third party claim to go through, you can apply for and receive workers comp benefits. If your workers compensation attorney new york is able to recover damages for you, you will have to pay back your workers compensation you were paid with the money you are awarded.

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