Civil Litigation – ��Ĵ�ý

Construction Deaths Spike with Building Boom

irfu_admin — Tue, 01 Dec 2015 20:15:04 +0000

Workers have died and sustained injuries at an alarmingly high rate as construction has boomed in the city over the last two years. In all, 10 people were killed in construction-related accidents from July 2014 to July 2015, up from an average of 5.5 over the previous four years. 324 workers were injured over the same period, an increase of 53 percent from the previous years’ average. The total number of accidents was 314 over the period, 52 percent above the trend. The number of new construction permits over the same period increased at a much slower rate, about 11 percent, with renovation permits up about 6 percent, the New York Times reported. A worker died just last month at the site of Fortuna Realty Group’s Aloft New York Midtown at 25 West 38th Street, when a ceiling at the project collapsed. In August, a 30-year-old construction worker was killed when he fell four stories at Friedman Group and Landis Group’s hotel development site at 577 Ninth Avenue in Hell’s Kitchen. Months earlier, in February, a 52-year-old worker was killed when several steel beams fell from the Barclays Center. About a quarter of the fatalities occurred in Midtown, though construction-related deaths were reported all across the city. They typically involved smaller projects, where contractors would hire nonunion workers with little training. The contractors were often cited for previously failing safety violations and not paying penalties, the Times reported.

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Car Accident Stats: Why Working With An Attorney Matters

irfu_admin — Fri, 07 Aug 2015 17:50:34 +0000

During 2013, New York drivers were involved in more than 300,000 roadway accidents. As a result of these accidents, nearly 125,000 people suffered an injury. Because New York insurance is considered “no-fault” victims of car accidents have limited options available to them.

What is no fault insurance?

No fault insurance means that regardless of who is at fault for an automobile accident, victims may file a claim with their own insurance company. In order to file a personal injury suit against the person who is at fault for an accident, you must suffer a serious injury. In summary, serious injury is defined as:

Death
Dismemberment
Loss of a fetus
Disfigurement – Victims who suffer significant disfigurement may file a personal injury lawsuit to be compensated for their injuries.
Fractures – Victims who suffer broken bones in an auto accident.
Limitations – Victims who suffer injuries that result in a limitation of a body function, body system or any organs.
Disability – Victims who are unable to perform substantially all of the material acts which constitute his / her usual and customary daily activities for a period of at least 90 days during the 180 days following the injury or impairment.

Dealing with insurance companies

After you have sought the proper medical care to determine the extent of your injuries, before you contact your insurance company, speak with a personal injury attorney. Keep in mind, insurers will always attempt to ensure victims accept a settlement for their injuries; generally far less than what you may be entitled to.

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New York accident victims should also be aware of the rules applying to fault. New York has a “comparative fault” statute which means that if you are partially responsible for an accident, the amount of any eventual award may be reduced by the percentage assigned to you. For example, if you were one of the nearly 8,000 people who were injured because of a drunk driver but you were speeding at the time of the accident, you may be considered to be 10 percent at fault for the accident. If you were awarded $50,000, your end award would be reduced to $45,000.

Victims who have suffered serious injury after being involved in a car accident would be well-advised to consult with a personal injury attorney. Having your case reviewed before you work with an insurance company can help you determine the best way to proceed to ensure you are treated fairly.

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An Accident Toolkit for Detail Capturing

irfu_admin — Fri, 31 Jul 2015 18:23:02 +0000

Most people who step out in the morning don’t plan to be in a personal injury situation. And no one expects an injured person to capture every detail of an accident when it happens, even though the legal process may feel like that afterwards. However, with a small bit of pre-planning, one can have the tools ready and on-hand to do so if needed.

The first thing to take care of, course, is you. If you’re seriously hurt, don’t move until you’re sure you can. If the pain or injury is severe, wait for trained medical help to arrive. However, if you have some capacity to look around, move your hands or see what’s going on, use the following tools to capture at-the-moment information about the accident scene.

It’s always a good idea to have a small notepad and pen on hand or carried in a pocket to jot down information. If one is able, the notepad can be extremely handy to capture quick notes on the date, time, place, address if its available, and people involved. Once an accident happens there can be a lot flurry of people and what not. A few of these are witnesses. Grabbing their name and phone numbers can be a huge benefit later on as well. All of this information can be useful to an attorney hired to pursue a recovery after the fact and it helps fill in the gaps that one may not remember weeks after the fact.

Your smartphone can also be a big tool for information capture right after an accident. One of the best features it has is the camera. Again, if you’re able to, take as many photographs as possible of what you can see around you. This can be extremely helpful and far better than memory descriptions after the fact. Images in a photograph can capture thousands of details, some of which can be useful to show an accident could have been prevented.

Most smartphones also have a recording device on them. In a public area you can use this tool to record your voice and thoughts about what you see happening as well as those talking to you. However, it’s still a smart idea to warn people they are being recorded before they talk. Otherwise, don’t record people without them knowing.

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Personal Injury Damages Blog

irfu_admin — Tue, 03 Feb 2015 19:50:38 +0000

Each personal injury case has two components: Liability and Damages. Once a defendant is found liable, a jury must calculate and award damages to the injured plaintiff. The blog referenced below provides a summary of recent jury verdicts.

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Proposals to Make Construction Sites Safer

irfu_admin — Tue, 03 Feb 2015 19:23:38 +0000

Proposals for improving safety at construction sites in New York City by the City Council consists of 12 separate bills proposing a variety of measures: requiring contractors to hire independent monitors; registering builders; establishing a hot line to report unsafe working conditions; and denying permits to developers who habitually flout the rules. But there was little agreement on which of those measures would actually prevent accidents and which would only enlarge an already overburdened bureaucracy. These measures are being proposed in light of a rash of fatal accidents at construction projects involving scaffolds and cranes.

Civil Litigation – ���Ĵ�ý