Archive for the ‘Personal Injury’ Category

SEXUAL  ABUSE: PEDOPHILE  PEDIATRICIANS

As with priests in the Catholic Church, physicians who become aware of these gross violations of professional conduct by their colleagues invariably seek the removal of that colleague from their practice, and condone the fact that those pedophiles simply relocate to another practice.

The recent horrific incident in which a young middle school boy was attacked and set on fire by five classmates brings to the fore the very real and prevalent problem of school violence and bullying. Who is responsible for the safety of your child in school if he or she is the victim of violence while attending school?

The answer is not always simple. As a general rule, school authorities stand in the place of parents during school hours and, as such, are responsible for the safety and well being of your children while under the school’s control, both on and off the grounds of the school (such as on a school trip).

An attorney, in determining whether a lawsuit against school authorities is viable, will have several questions: where did the incident take place; has there been any prior incident between this victim and the perpetrators, of which the authorities were aware; how common are incidents of this sort in this school; does the school have regular security protection such as guards or monitors, and were these security personnel at their posts at the time of the incident, etc.

It is very unlikely that the facts of any two cases are exactly alike. The difference between a viable case, or a matter that will not yield a basis for litigation, can be the ability of the attorney considering all the surrounding circumstances and simply knowing the correct questions to ask!

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RES  IPSA  LOQUITOR | THE ACT  SPEAKS  FOR  ITSELF

As we have discussed before, a sustainable lawsuit requires an injured party to demonstrate the liability (fault) of another, at least to some degree, in having caused the incident that resulted in that injury.   Most often this is done through witnesses, with the injured party themselves being the most frequent of these witnesses.

There are numerous other sources of direct proof that can show the target of the lawsuit (the Defendant) failed to act with “due care” based upon a duty the Defendant had with respect to the injured party.

BUT SOMETIMES YOU JUST CANNOT SHOW, BY DIRECT PROOF, THAT ANYONE WAS AT FAULT.

In a recent case (Keyser v. KB Toys, Inc.) in Suffolk County New York, a shopper was injured by falling boxes piled high in a toy store. No employees were near the boxes. The jury found for the defendant toy store.  The judge set aside the decision !!  (Yes, a judge can do that saying that, according to law, there simply was not enough evidence to permit the jury to decide the way it did !!).

The injured party (the Plaintiff) had presented the theory of RES IPSA LOQUITOR which the judge believed was not adequately overcome by the Defendant. This theory is based on the thought that, unless someone was negligent, there are certain events that simply do not occur !

For “RES IPSA LOQUITOR” to be applicable in a case, three elements are necessary:

1. the accident that happened must be of the type that normally would not occur unless there was negligence–an “absence of due care,” by someone;

2. the Defendant had a “duty of care” toward the injured party, specifically in relation to the object that caused the Plaintiff’s injury;

3.  the Plaintiff was in NO WAY responsible for the occurrence of the event that lead to the Plaintiff’s injury.

The “Resp Ipsa Loquitor” doctrine is an important tool in the arsenal of the experienced Personal Injury Attorney.   This article should clearly demonstrate to the layman that, even in the event it would seem to an injured party that it would not pay to being a lawsuit since “no one is at fault”, there may well be a party that is, indeed, responsible and who should be compelled to fairly compensate the Plaintiff for injuries sustained.

Accidents are never a pleasant experience, but little can be as frightening or leave as indelible a traumatic scar as having faced an assault, or even worse, a rape, especially where you live.

If this should occur on the street or in your private home, there may be little recourse for you in any attempt to recover financial compensation. Unless there are truly extraordinary circumstances (for which an experienced personal injury attorney should be consulted) the likelihood of recovering money compensation is slight, if it exists at all.

In the event the attack occurred in an apartment building where you reside, then there may well be grounds for you to seek monetary compensation for many of the consequences that flow from the attack. If the landlord of the building allowed conditions to exist which made the act of the criminal more likely to occur, then the landlord may be held accountable.

The most common failure on the part of the landlord involves building security. It can involve something as simple a broken door lock, or perhaps an inoperable intercom system. Perhaps the front doors of the building operate perfectly, but a rear door or the door to the roof are left open. Any item that increases the ability of a criminal to enter the building, and thereby perpetrate the violent act, can very possibly subject the landlord to a lawsuit.

With this in mind, it would not be the landlord’s responsibility if another tenant, or any other person with legitimate access to the building, were the person who committed the crime. It would also be necessary to show that any deficiency in building security was known to the landlord, or existed for such a long period of time that the landlord should have known of the deficiency.

The issue of whether a landlord is or is not responsible is of overriding importance and must be discussed with an experienced attorney to be certain the victim in such a terrible crime receives any and all appropriate compensation . Do NOT leave it to guess work!

MANY CALL THEMSELVES PERSONAL INJURY ATTORNEYS

In New York State an attorney is not permitted to say that they “SPECIALIZE” in any particular area of law, “Personal Injury Lawyers” included. Nevertheless, very large numbers of attorneys do, indeed, limit their practices exclusively to a particular area of law such as “Personal Injury”. So why the prohibition? The thinking is that, since no tests or common standards exist to establish qualifications to be a “SPECIALIST” that, therefore, the use of the term by attorneys of widely varying qualifications could end up misleading the public.
The result, while shielding the public from succumbing to mislabeling, does place a burden on those seeking legal advice to exert a serious effort in identifying a fully qualified attorney to represent them in their legal matter, whether a “Personal Injury” matter or other.
While using the term “SPECIALIST” is impermissible, it is permitted to, for example, hold yourself out as a “Personal Injury Attorney in New York“. This can lead to misleading a potential client unless that client is fully aware that there are vast differences in the lawyers that present themselves as “Personal Injury Lawyers” to the public.

ADVICE ON HIRING A PERSONAL INJURY LAWYER IN NEW YORK

Word of advice: spend a little time beforehand finding out about attorneys you might want to hire, and you might save yourself much aggravation down the line. The Internet is a source like no other we have ever had. In short order,  it can provide information about the background of an attorney: her years of practice, her education, his community activities, positions she has held, opinions of past clients and a wealth of other information that can inform you whether that person would represent you in a way that you want.

BE CAREFUL OF THOSE  “THE BEST” ATTORNEYS IN NEW YORK

One other point: Some very large Personal Injury Law Firms have one or two “star” lawyers, held out to the public because of their fame. This will most likely NOT be the attorney handling your matter. That firm may be so big and so busy that the “star” may not even be available for ready consultations. Know what you are getting ! The competence of every lawyer in the firm is important to you.

How Bankruptcy Affects the Ability to Sue for Injury in New York

It is absolutely essential that an individual contemplating a lawsuit for an injury inform his or her lawyer of any bankruptcies, past or present. If there is a pending bankruptcy, then any potential lawsuit becomes an asset of the bankrupt person. As such, the Bankruptcy Court must be appropriately notified and permission must be obtained to pursue the case. If, for any reason, a lawsuit proceeds while there is a pending bankruptcy, and this is done without the permission of the Bankruptcy Court, then upon notification of the bankruptcy proceeding, the court in which the injury lawsuit is pending will automatically dismiss the lawsuit.

This could have dire consequences since the time within which the lawsuit could be started may already have passed so that there might be no chance to bring that suit again once the situation with the Bankruptcy Court is rectified.

At Orlow, Orlow, & Orlow you will be dealing with an attorney knowledgeable in personal injury law and the numerous rules, regulations and laws specifically associated with personal injury lawsuits is vital because of highly technical matters such as bankruptcies. Your personal injury lawyer will also work in close consultation with the attorney handling your bankruptcy.

This is a very interesting and sad New York Wrongful Death / Personal Injury Case.

Recently a Supreme Court Judge charged the city of New York $5000.00 because he stated that the city did not comply to court orders to show documents to victims families.

“Two workers were killed when a 200-foot crane crashed into an apartment building on the Upper East Side in May 2008. The accident happened just two months after seven people were killed when a crane collapsed on the East Side.

City crane inspector Edward Marquette was indicted in 2008 on criminal charges of tampering with public records, allegedly indicating on a Department of Buildings inspection sheet that he had inspected a construction site on East 51st Street on March 4 of that year, when in fact he had not.

The crane collapsed 11 days later. Officials said it was unlikely an inspection would have prevented the tragedy, but the incident sparked an agency-wide examination of its inspection processes.”

When city inspectors do not do their job many people pay. If you or your family has been involved in an accident involving a crane contact our experienced Manhanttan legal team at The Orlow Firm today.

Source: http://wcbstv.com

Jill Mattice, a six-year veteran of the New York State Troopers was fatally injured in a head on collision with a tractor-trailer on the evening of Wednesday, January 20th. Mattice was pronounced dead on Route 23 where the accident took place.

“Her community was enhanced by her service,” Governor David Paterson said in a written statement. “Her State is humbled by her sacrifice.”

There is an ongoing investigation into the crash. She was the first female to have ever been killed on the job in the state of New York.

Source: New York Daily News

“The Buffalo police officer was killed in an early morning crash on the I-190. Police say the driver that hit and killed the off-duty officer was drunk. ”

“He was a cop who fought against guns, gangs and drugs as part of his job with the police department’s Mobile Response Unit. But it was an alleged drunk driver that ended Officer Colon’s life.” Reported WKBW.com

Nothing is more tragic when someone who works so hard to protect the lives of those that live in New York than when the life of a New York Civil Servant is cut short.  Drunk Driving Car Accidents in New York claim the lives of many every year and take an unimagineable toll on the families and friends of those lost.

Please keep Officer Colon and his loved ones in your thoughts and prayers.