Motorcycle Safety
Motorcycle Safety: Share The Road To Save Lives The arrival of the spring solstice is also the start of motorcycle season. As the weather begins to warm up, motorcycles will be everywhere. To help keep all drivers safe this spring, New York motorists must be willing to share the road and do their part in helping to reduce preventable traffic injuries and fatalities from occurring. Motorcycle Accidents Are Deadly It only takes one unsafe driver to turn a thrilling motorcycle ride into a deadly disaster. According to the Insurance Institute for Highway Safety (IIHS), motorcyclists are 28 times more likely to die in a traffic accident than drivers of any other type of motor vehicle. In 2017, at least 5,172 people were killed in motorcycle accidents across the United States. In New York State we saw a 14.3 percent increase in motorcycle deaths in just two years, totaling more than 136 deaths in 2017 compared to the reported 119 deaths in 2016. The IIHS research also shows June, July, and September has the highest motorcycle fatality rates of the year. However, that doesn’t mean March is any safer. As all New Yorkers can attest to, spring weather is entirely unpredictable, and any warm day could bring swarms of motorcycle enthusiasts out on the road. Drivers must stay alert for the possibility of sharing the road with motorcyclists at all times and educate themselves on how motorcycle accidents occur to spread awareness on how to prevent them. What Causes Motorcycle Accidents Motorcycles do not have the same level of visibility and protection as cars and trucks, nor does their size allow them a fighting chance in a collision. Unfortunately, despite their safest efforts, motorcyclists suffer the worst consequences of poor driving habits on the road. According to the National Highway Traffic and Safety Administration (NHTSA), when motorcycles and cars collide, it’s usually not the motorcyclists who are violating the law. The most common road behaviors leading to fatal motorcycle accidents involving other motor vehicles include: Turning left in front of a motorcycle (most common accident); Changing lanes without checking mirrors; Driving distracted, drunk, or impaired drivers; Swerving in and out of lanes; Speeding or aggressively driving; Entering and exiting highways without looking; and Following motorcycles too closely. Motorcycle accidents most commonly occur during the week, when cars and vehicles are in more of a rush to during work commutes and weekly activities. The Governors Highway Safety Association (GHSA)reports that most riders killed in motorcycle accidents die after hitting fixed objects. Motorists who are not paying attention or driving aggressively can easily swerve or push motorcycles into signs, guard rails, road barriers, and concrete bridge pillars, all with the capability of causing fatal injuries. Injuries Caused by Motorcycle Accidents Even if a motorcycle accident does not prove to be fatal, serious and permanent injuries can result from collisions that could cost a rider years of pain and suffering. Possibly injuries may include: Mild to traumatic brain injuries; Skin and soft tissue damage; Broken bones; Muscle damage; Neck and spinal cord damage; Serious burns; and Bodily disfigurements. Some of these injuries result in permanent disabilities that can alter someone’s life in an instant, such as paralysis, severe brain damage, or chronic pain. In addition to the physical losses, the financial implications of these accidents can be debilitating for riders and their families. Extensive medical bills from surgeries, specialists, and long-term care needs can quickly pile up, and often become impossible to pay, especially if the rider has lost their ability to earn wages. Preventing New York Motorcycle Accidents New York drivers are accountable for their actions on the road, and understanding the dangers their vehicle can pose to a motorcyclist is the first step. Here are some ways New Yorkers can practice safety when sharing the road with motorcycles this season: Leave space: Follow the four-second rule for providing space between you and a motorcycle in front of you to allow enough time to stop safely. Account for weather: Road conditions are hazardous for both drivers and bikers when the weather is terrible. Make sure to use extra caution and don’t assume the weather is keeping motorcyclists off the roads. Know the right-of-way laws: Knowing and following all the right-of-way laws will help avoid an unnecessary collision with motorcyclists. Look before you turn: Always looking before you turn, especially when turning left, to help avoid hitting a motorcycle. Check your blind spots: It’s not difficult for a motorcycle to hide in your blind spot. Don’t rely on your mirrors alone before you make a move. Stay sober: Never drive while under the influence of drugs or other substances. Keeping Riders Safe Motorcycle riders cannot always rely on other drivers to keep them safe on the road. Riders can use these tips for safe riding to help reduce their risk of injuries when in an accident: Wear your helmet: New York State law requires all motorcyclists and riders to wear a helmet when riding. IIHA reports that helmets are 37 percent effective in preventing motorcycle deaths and 67 percent effective in preventing traumatic brain injuries. Ride in good weather: No matter how skilled and experienced you are, riding in inclement weather is not safe. Your visibility and the visibility of others is significantly impaired, and slippery roads can cause motorcycles to lose traction quickly. Ride sober: Never drink and ride! Drive defensively: Take a defensive driving course to learn how to reduce your risk of accidents on the road with other vehicles. Stay visible: Try not to hide in obvious blind spots or sneak up on drivers who may not see you before they make a dangerous move. New York City and Long Island Motorcycle Accident Attorneys Motorcycle riders deserve the same respect on the roads as every other motor vehicle. If you or a loved one has been injured in a motorcycle accident due to the negligence of another driver, the law firm of Siler & Ingber is here to help. Call us
Rejecting and Responding to a Low Insurance Settlement Offer
For those of us who are fans of legal dramas on television, the idea of going to court over a personal injury lawsuit may seem exciting — and a little nerve-wracking. In reality, the vast majority of personal injury cases are settled outside of court. This makes it incredibly important that your Long Island personal injury lawyer have top notch negotiation skills. In most cases, the insurance company will start by offering you a low amount in the hopes that you will accept it. This is just the opening offer in what should be a series of negotiations designed to get you the money that you deserve. The Steps of a Personal Injury Case The Insurance Company Contacts You In a typical personal injury case, after a person has suffered an injury, he or she will be contacted by an insurance company. The injured party may choose to cooperate with the insurance company to obtain a settlement, or consult with a Long Island personal injury lawyer about their rights and options. Retaining an Attorney By retaining an attorney, an injured person can determine if they are entitled to more compensation than what the insurance company is offering. A Long Island personal injury lawyer will thoroughly investigate the case, analyze the law, and draft a demand letter. The Demand Letter This letter will include the facts of the case, the legal basis for the claim, and the amount of damages claimed. The damages may include items such as medical bills, lost wages, pain and suffering, and future medical treatment. The Insurance Company’s Investigation After a demand letter is sent, the insurance company will perform its own investigation. It will then reply with an offer to settle the case. The parties will negotiate back and forth until a final settlement is achieved. 95 to 96% of personal injury cases settle before trial. In rare cases, the case will go to trial, where a jury will either find for the plaintiff (the injured party) and award damages, or find for the defendant. Responding to a Low Settlement Offer The initial settlement offer made by many insurance companies is often very low. There are many reasons why this may happen. The claims adjuster may conclude that you were partially at fault for your injuries, or that your injuries were simply not as serious as what you claimed in your demand letter. Whatever the case may be, remember that this initial settlement offer is just the start of negotiations. Insurance companies know that when victims of accidents receive their first settlement offer, they are often in difficult financial circumstances. They may have been out of work for weeks or months, and have significant medical bills. Many victims are eager to accept the first settlement offer that comes their way — even if it is lower than what they deserve for their injuries. The job of the insurance company is not to make sure that you get the compensation that you deserve for your injuries. Insurance companies are for-profit businesses. They want to protect their bottom line — and that means offering you less money than you are rightfully owed. When you receive an initial or low settlement offer, take the time to analyze the letter. Review the reasons given by the insurance company for the low settlement amount. A skilled Long Island personal injury lawyer can respond to each of the points made by the claims adjuster, and reiterate your position as to why you deserve compensation. Next, focus on why you deserve a higher settlement offer. List the reasons why you are owed more compensation than what has been offered. Include a demand for more money (a higher settlement offer). This will serve to reject the insurance company’s low settlement offer and to make a counteroffer. Your counteroffer should be lower than what you asked for in your initial demand letter to show that you are willing to compromise — but not so low that you do not have room to negotiate. These types of negotiations may go back and forth for several weeks or months. An experienced Long Island personal injury lawyer can use the facts of your case plus awards from other personal injury cases to build a strong argument for settling at a desirable amount. For example, if a similar car accident case resulted in a jury award of $500,000, then a settlement amount of $450,000 will seem reasonable. Work with a Long Island Personal Injury Lawyer If you have been injured in any type of accident, working with a Long Island personal injury lawyer can help you get the money that you deserve for your injuries. Insurance companies do not want to just hand over money to you; it often requires aggressive negotiation for you to get fair compensation. The attorneys Siler & Ingber have devoted their practice to representing victims of all types of accidents. We represent clients on a contingency fee basis, which means that we never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation, contact us today at 877-718-6079, or reach out online anytime.
March is Workplace Eye Safety Awareness Month
Occupational eye injuries happen more often than you think. More than 2,000 workers sustain an eye-related injury on the job every day according to the National Institute for Occupational Safety and Health (NIOSH). Of these injuries, 10 to 20 percent result in temporary or permanent vision loss that could change the course of a worker’s life forever. Experts believe that 90 percent of occupational eye injuries can be prevented just by using certified and approved protective eye equipment. The American Optometric Association reports that workers experience eye injuries most commonly from not wearing any protective eye equipment or not wearing the right type for their job. In addition to the painful physical consequences of an eye injury, about 1 in 10 eye-related accidents require one or more missed workdays to recover. These unnecessary injuries not only cost workers a loss in wages, but can also lead to expensive medical bills, surgeries, the need for customized eyewear, and other long-term treatment costs depending on the severity of the damage. To help spread awareness about the importance of wearing appropriate eye protection on the job, March is Workplace Eye Wellness Month. As spring approaches, it is the perfect time to educate employers and employees on the specific hazards in their work environment that can lead to eye-related accidents and remind them how to reduce the number of injuries by using protective eye equipment in the future. Eye Hazards Are Everywhere No workplace is immune to eye hazards. Industries posing the most threat to worker’s eyes include construction, welding, woodworking, and other manufacturing positions that work with chemicals, foreign particles, and extreme heat. However, even office occupations can cause strain and injury to the eyes if safety precautions are not taken. These are just a few of the eye hazards employers should be watching for when monitoring employee eye safety at work: hazardous chemicals (acids, corrosive substances, fuel, other harmful gasses); metal shavings and molten metal; wood chips and sawdust; dirt or sand; cleaning supplies; paint and stains; bright lighting or prolonged exposure to light; radiation; and glass or plastic particles. In addition to the harmful particles and materials a worker could be exposed to, rouge tools and flying objects can easily hit someone in the eye and cause severe trauma without any eye protection as a barrier. Why Employees Don’t Wear Protection The best protection against occupational eye injuries is protection that employees will wear. Several reasons for why employees may not be wearing protection on the job include: discomfort; irritation; impaired vision; scratched or damaged equipment; under or oversized equipment; underestimating hazards; feeling unfashionable; and employer is not providing eye protection. Wearing just any eye protection on the job will not help prevent eye-related accidents. Protective eye equipment must be approved, certified, and in good condition to protect workers. Eye protection that is cheaply made or already damaged can break and lead to further injury to the eyes. Eye protection not durable enough to protect workers from the specific hazards they are exposed to can also break or still allow harmful materials to enter the eye without providing a proper seal. Most Common Eye Injuries Unfortunately, our eyes are not made of impenetrable matter. It only takes a speck of dust or even an eyelash to cause irritation and the injuries some workers are subject to can pose far worse consequences than a mild twinge. According to the American Academy of Ophthalmology (AAO), these are the most common eye injuries employers and workers should be aware of: Eye scratches: Foreign particles entering your eye or getting poked by an object can have the potential for causing minor to serious abrasions to the cornea. These injuries can lead to eyes feeling gritty, sensitive to light, result in blurred vision, or cause headaches. Deep scratches can lead to long-term vision loss, chronic pain, infections, and scarring. Getting hit in the eye: Blunt trauma to the eye can cause swelling, bleeding, and bruising to the eye region. These injuries happen quickly and can be as simple as an accidental elbow or a flying tool to the face. Minor injuries may just appear as a black eye, but internal damage such as traumatic iritis (trauma to the iris of the eye) can require treatment and result in permanent or decreased vision loss. Punctures or cuts: One of the most serious eye injuries on the job is when an object punctures or cuts the eye. These injuries could result in the need for emergency surgery or removal of the affected eye depending on the severity of the accident. Chemical burns: It only takes a small amount of a hazardous chemical to cause tremendous pain and damage to the eye depending on the substance. Workers not wearing protection can easily get splashed or sprayed in the eye unexpectedly. Two additional eye injuries becoming a problem for American workers who work with screens are eye strain and computer vision syndrome With so many jobs requiring long hours of work on computers, tablets, and phones, employees can suffer from physical fatigue, headaches, red eyes, twitching eyes, double vision, and neck or shoulder pain. Along with the painful effects, eye strain can play a considerable role in decreasing productivity levels, causing employees to have trouble focusing, and increase their risk of errors. Types of Eye Protection For Workers There is no need to put your worker’s eye safety at risk. Before assigning any worker to a task, employers should assess the dangers that could arise and provide the appropriate eye protection needed to complete the job safely. There are endless products on the market geared explicitly towards different industries that can help reduce accidents causing eye injuries, some including: goggles; prescription and non-prescription eyeglasses; full and partial face shields; full-face respirators; welding helmets; Depending on the working conditions, many companies offer products with additional features such as anti-fog and tinted lenses to decrease the chance of employees feeling the need to take them off. For computer-based jobs, blue-light glasses can help
Can You Replace Your Lawyer?
Imagine this scenario: you were in an accident that caused serious injuries. Stressed about mounting medical bills and losing work, you picked the first lawyer whose name you came across in the phone book (or online). But it just isn’t working out for you. What can you do? There are many reasons why a relationship between a client and lawyer may not work. It may be as simple as a personality clash, or perhaps the lawyer is not as diligent as he or she should be in returning calls or communicating about the case. Whatever the reason, it isn’t unusual for a client to want to switch attorneys. The question for many clients is how to go about doing this. Do you need a particular reason to fire your lawyer? Will you have to pay extra fees? What do you have to do to make it happen? Read on to learn more about replacing your lawyer from an experienced Long Island personal injury attorney. When You Can Change Your Lawyer Here is the good news: you can replace your lawyer at any time, and for any reason. If you feel that your attorney is not doing a good job, that she is not representing your interests well, or you simply want to hire a different Long Island personal injury attorney, you can make that decision. There are no rules governing when you, as the client, can replace your lawyer. If you are not happy with your lawyer, then you can terminate his or her services without notice for any reason. Ideally, you should have a new Long Island personal injury attorney ready to take on the case so that no deadlines are missed and that your case does not lapse while you look for a new lawyer. As the client, you are in charge. While your attorney has the legal knowledge, he or she works for you. You have the right to change lawyers if you are not satisfied with his or her representation. What Do You Have to Pay? In personal injury cases, it is standard for lawyers to work on a contingency fee basis. This type of fee arrangement means that you do not pay any fees upfront. Instead, you sign an agreement with your attorney whereby he or she receives a percentage of your settlement or award if you receive a settlement or an award. If you do not recover any money, then your attorney is not entitled to a fee. For this reason, you will generally not have to pay your new lawyer a fee. Instead, all attorneys who have worked on your case will share the fee between them, if they are entitled to a fee. For example, assume that your case settles for $90,000 and the contingency fee arrangement is 30%. If there were no expenses, then the two lawyers would come to an agreement on how to share the $30,000 fee, or a court will make a decision on how the fee would be split. Steps to Take to Replace Your Lawyer If you decide to replace your attorney, you do not have to fire him or her again. Once you have consulted with a Long Island personal injury attorney and decided to retain him or her, your new lawyer can speak directly to your former attorney. The new lawyer will typically send your old attorney a letter. From there, the two should be able to work out an arrangement for getting your files transferred. Generally, there should not be a delay in your case when you change lawyers. All attorneys operate under a code of professional responsibility, and have certain ethical obligations. Both your new attorney and your former lawyer should be able to come to an agreement so that your case can move forward and you can get the money that you deserve for your injuries. How a Long Island Personal Injury Attorney Can Help If you are dissatisfied with your current lawyer for any reason, know that you have the power to make a change. You are in control of the situation, and you have every right to find a new Long Island personal injury attorney who will better meet your needs. Whether your attorney is not advocating for you aggressively enough or is simply not a good match for your personality, replacing your lawyer is a straightforward process that can help make the legal process less stressful for you. At Siler & Ingber, we pride ourselves on working collaboratively with our clients, forming a strong relationship with each individual. By working together, we can help you achieve your goals for your personal injury case. To learn more or to schedule a free initial consultation, contact us today at 877-718-6079, or online anytime. We never charge a fee unless we recover money for you.
A Quiet Epidemic for Seniors in America
Moving a loved one into a nursing home is a heart-wrenching decision. In an ideal world, we would keep them safe at home, but too often that isn’t possible. When admitting your loved one to such a facility you expect them to receive proper care and support. Unfortunately, this is not always the case. Just this week, Sodus Rehabilitation and Nursing Center in Sodus, NY was in the news because, during the last four years, it has been cited 67 times for standard health violations, compared to the statewide average of 20. It has also been cited 23 times for life safety violations, compared to the average of 13. In total, Sodus was cited with 90 violations versus the state average of 33 at other nursing homes. This is not an isolated incident. According to the Department of Health, over 40,000 claims of elder abuse were investigated last year by the agency. According to the Assisted Living Federation of America (ALFA), the maltreatment and abuse of the elderly is a significant problem among the elderly population in America. ALFA research indicates that those at greatest risk of physical abuse are women, 80-years-old, and over. Nursing Home Stress Will Increase Nursing home abuse and neglect is a widespread problem that is just as prevalent as child abuse but is less talked about. Things may only get worse. With an aging population, the stresses on nursing homes will increase. According to the U.S. Census Bureau, in 2050, the population aged 65 and over is expected to be 83.7 million. Physical abuse of the elderly involves the application of physical violence or force that results in physical impairment, physical pain, injury or bodily harm to the individual. Some forms of elderly physical abuse may involve assault, battery, hitting, punching, shoving, or using restraints inappropriately to keep the individual from moving. Warning signs include bruises, fractures, wounds or broken eyeglasses. In addition to these physical signs, be aware of the less obvious indications like your loved one’s refusal to see another person alone; hesitation to accept a visitor; or a strained relationship with nursing home caregivers. Also, be on the lookout for withdrawal from usual activities or social events that your elderly loved one usually would enjoy. It is important to visit frequently and look for these signs as only about one in every six elders will report such abuse. This means that statistics on mistreatment is skewed and that caregivers who abuse elders can continue to engage in such behavior. The elder’s physical condition should be monitored carefully to ensure there is no abuse. Also, ask them directly how they are being treated when you are not there. In addition, pay close attention to any medications the elder is taking. Reporting Elder Abuse ALFA, as well as the National Committee for the Prevention of Elder Abuse (NCPEA) and the Centers for Disease Control and Prevention (CDC), state that elder abuse is an invisible issue due to the failure of the elder to report abuse as it arises. Some have Alzheimer’s disease or other forms of dementia that make it difficult to self-report incidences of abuse. It is therefore important for family members and friends to report any and all incidences of abuse. If you or someone you love is experiencing elder abuse or mistreatment, contact our winning legal team today for a FREE case evaluation. Siler & Ingber has been fighting for its clients for more than 20 years. Contact us at 1-877-LAW-4343. No Fee Unless We Win!
New York Hit and Run Accidents
Car accidents are always frightening events. But if the person who hit you leaves the scene immediately after, it often feels even worse — as though what happened to you does not matter to that person. Hit and run accidents, known as “leaving the scene of an accident,” are not just morally wrong. They are also a criminal offense under New York law. If you have been hit by a car who left the scene of the accident, you may be entitled to compensation. New York Law on Hit and Runs Under the New York Vehicle and Traffic Law, all motorists must stop and remain at the scene of an accident in which injuries or property damage have occurred. The drivers must exchange identification and insurance information, and render assistance if possible. Despite this law, some drivers choose to flee the scene of hit and run accidents. According to a study by the AAA Foundation for Traffic Safety, the rate of hit and run crashes and fatalities are increasing. In 2016, there were 2,049 fatalities from hit and run accidents — the highest number ever recorded. In New York state, there were 59 hit and run crashes in 2016 that involved at least one fatality. There are many reasons why drivers may leave the scene of an accident. A motorist may panic because he or she does not have car insurance, because they are scared, or because he or she is under the influence of alcohol or drugs. Whatever the case may be, leaving the scene of a car accident is a crime under New York law. It can also lead to a civil action against the driver responsible for the accident. Compensation for Hit and Run Accidents Being compensated after a hit and run car accident can be challenging, particularly if the other driver cannot be identified. In New York, all insurance companies are required to provide Uninsured Motorist (UM) coverage. For drivers, this means that you will be able to file a claim with your own insurance company if you are in an accident with an uninsured driver — including a hit and run driver who cannot be identified. New York requires that UM coverage be maintained in the amount of: $25,000 for injuries to one person, and $50,000 for the death of one person per accident; $50,000 for injuries to multiple people, and $100,000 for deaths of multiple people per accident; and $10,000 for property damage in a one-car accident. As with other types of personal injury claims, there are strict deadlines for filing UM claims against your insurance coverage. A seasoned Long Island car accident lawyer can work with you to ensure that these deadlines are met. New York drivers who do not have sufficient insurance to cover their injuries after a hit and run accident may be able to file a claim under the Motor Vehicle Accident Indemnification Act. This law provides compensation to uninsured victims of hit and run accidents and other types of crashes if the at-fault driver’s insurance is unavailable, or if the driver is not identified. Through the Motor Vehicle Accident Indemnification Act, the Motor Vehicle Accident Indemnification Corporation (MVAIC) protects individuals who are victims of hit and run accidents or who otherwise may not be covered by insurance. MVAIC can be complex, so if you are considering filing a claim, consult with a Long Island car accident lawyer. If the other driver is identified, then a legal claim can be brought against the driver to help you obtain compensation for your losses. Potential damages may include lost wages, medical expenses, property damage, and pain and suffering if you have suffered a serious injury. An experienced Long Island car accident lawyer can investigate your case to help to identify the hit and run driver, establish the facts of the case, prove liability, and demonstrate your claim for damages. What to Do After a Hit and Run Accident If you are involved in a hit and run accident, one of the most important things to do is establish that the crash did happen — and preserve any evidence of the accident. Most importantly, if you have been injured, you should seek medical treatment immediately. However, if you are able to do so, following these steps can help to preserve your legal rights. First, contact the police to report the accident. This will help to document the fact of the crash, which will be crucial in the event that you need to file a UM claim. Second, try to remember the make, model, and license number of the vehicle that struck you or your vehicle. Third, make note of the time and location of the accident. Fourth, if you have suffered any damages — either injuries or property damage — write down a description of what happened. This will help to establish your claim for compensation. Fifth, if possible, take pictures of the scene and of your vehicle. This may be useful evidence for your Long Island car accident lawyer to use to prove your case. How a Long Island Hit and Run Accident Lawyer Can Help Whether you were in a car, walking, on a bike, or on any other mode of transportation, if you were struck by a driver who fled the scene, Siler & Ingber can help. Our firm is dedicated to helping victims of all types of accidents recover for their losses. The attorneys of Siler & Ingber have devoted their practice to helping victims of accidents just like you. We work hard to help you recover for your injuries, taking on the insurance companies for you. Initial consultations are always free, and we never charge a fee unless we get money for you. Contact us today at 1-516-294-2666, or reach out online to schedule an appointment.
Compensatory vs. Punitive Damages in New York
If you have been injured through another person’s careless actions, you are likely feeling overwhelmed by what to do next. Fortunately, in New York, there are options for pursuing compensation from the party that caused you harm. With the assistance of a seasoned Long Island personal injury attorney, you can get the compensation that you deserve so that you can move forward with your life. As with other types of law, personal injury cases can be complex. Understanding the fundamentals about personal injury cases can give you peace of mind as you move forward in the process. This includes learning about what types of damages you may be entitled to in a personal injury lawsuit: economic, non-economic, and punitive damages. Damages Available in a Personal Injury Lawsuit Damages refer to the compensation that a court or a jury may award to a person who has been injured by another party. There are three types of damages in a personal injury lawsuit: economic (or compensatory) damages (which cover losses such as current and future medical expenses, lost wages, and property damage) non-economic damages (which cover losses such as such as pain and suffering and disfigurement) punitive damages (which are meant to punish wrongdoers and prevent others from engaging in similar conduct) Damages are awarded by a court or a jury when a case goes to trial. Most personal injury cases are settled outside of court, through careful negotiation between a Long Island personal injury attorney and the insurance company. In those cases, the compensation is referred to as a settlement. What Are Compensatory Damages? Compensatory damages are meant to compensate a victim for the harm that he or she has suffered. They are often easier to ascertain than general damages, because your Long Island personal injury attorney can attach a number to each category of loss. For example, consider a situation where your cell phone exploded because the battery overheated when it was charging. If you were injured by that explosion, you may have property damage as well as medical bills from your injuries. You may have also had to take time off of work while you were healing and to deal with the aftermath. In addition, depending on the extent of the injuries, the explosion might affect your future ability to work. All of these costs can be part of your total claim for compensatory damages. Your Long Island personal injury attorney will investigate your case thoroughly, and take into account your past, current and future medical bills, health-related costs, and inability to work before submitting a claim. What Are Punitive Damages? Punitive damages are not meant to compensate a victim for the harm that they have suffered. Instead, they are meant to teach the party who was in the wrong a lesson — and serve as a warning to others who may be tempted to act in a similar way. In personal injury cases, punitive damages are rarely awarded because they are meant to punish a person or entity who did something wrong. Most personal injury cases involve negligence rather than intentional acts. Negligence is the failure of a person or entity to use reasonable care to prevent injury or loss to another person. For this reason, punitive damages are not often awarded in personal injury claims. However, if a person or entity was willfully negligent or had malicious intent while causing your accident, punitive damages may be appropriate. In the exploding cell phone example above, if the company who manufactured your phone knew that there was a problem with the batteries overheating and chose to not issue a recall or otherwise warn consumers, it may be viewed as willful negligence. In that case, punitive damages may be appropriate to punish the cell phone manufacturer and to warn other manufacturers to not put dangerous products into the marketplace. Work with a Long Island Personal Injury Attorney If you have been hurt in any type of accident, a Long Island personal injury attorney can help you recover the compensation that you deserve for your injuries. Your lawyer can analyze the facts of your case and work with you to determine what type of damages you may be entitled to: compensatory (economic), non-economic, and possibly punitive damages. At Siler & Ingber, our practice is dedicated to helping victims of all types of accidents. With a strong track record of success, we have recovered more than $50 million on behalf of our clients. We offer free initial consultations with a Long Island personal injury attorney, where you can learn more about your rights and options. To learn more or to schedule an appointment, contact us today at 877-718-6079, or online anytime. We never charge a fee unless we recover money for you.
Comparative Negligence in New York
Comparative Negligence in New York As we get older, most of us realize that life is rarely black and white. Situations often involve shades of gray — and that is particularly true when it comes to personal injury cases. In many situations, there is not a party who is solely responsible for the accident. That may leave victims of personal injury accidents wondering if they can still recover for their losses. Under New York law, if you have been injured in an accident, you can recover for your damages — even if you are partially at fault. As a Long Island car accident attorney can explain, under a concept known as comparative negligence, juries can award victims money for their losses, and simply reduce the award by the percentage that they are at fault. Understanding this system can help you make an informed choice when it comes to deciding about how to handle your personal injury case. What Is Comparative Negligence? New York is one of thirteen states that follows what is known as the pure comparative negligence rule. Adopted in 1975, this rule holds that the amount of damages that you are able to recover is reduced by the percentage that you are at fault for an accident. It is often used as a defense in personal injury cases to reduce the total amount of money owed by a defendant. Under this rule, even if you are more than 50% at fault for an accident, you can still recover for your damages. This is in contrast to many states, where if you are 51% or greater responsible for an accident, you cannot recover anything. By comparison, New York’s pure comparative negligence rule is far more favorable than other states modified comparative negligence rule. Consider a situation where you were involved in a car accident. You were speeding, and texting while driving — but the other driver didn’t yield at the intersection before merging onto the road. Clearly, you were both at fault. Can you still recover? Let’s assume that you were found to be 51% at fault for the accident, and your damages were assessed at $100,000. If you were in a state that used the modified comparative fault rule, you could not recover at all. In New York, the pure comparative negligence rule means that you could still recover $49,000 ($100,000 less the percentage of your fault, or $51,000). New York’s pure comparative negligence rule means that even if you are partially or mostly at fault for an accident, you can still recover for your losses. That is why it is important to consult with a Long Island personal injury lawyer if you have been involved in any type of accident. Even if you believe that you were to blame for your injuries, a skilled attorney may be able to make the case that you should be able to recover for at least part of your damages. How Comparative Negligence Impacts Your Recovery If you file a personal injury claim against another person for negligence, they may claim that you were at fault for your own injuries. For example, if you slipped and fell on a sidewalk in front of a business, the property owner may say that you were not watching where you were going, and so you were at least partially to blame for your fall. If a defendant (the person who was sued) asserts comparative negligence as a defense in a personal injury case, then it may impact the total amount of money that you receive if you ultimately prevail at trial. As an experienced Long Island personal injury lawyer can explain, this will happen in three phases at a jury trial: The jury will determine (by percentage) the fault of each party for the accident; The jury will calculate the total amount of damages; and The jury will subtract the percentage of fault from the total amount of damages to arrive at a final damage award. For example, assume that you were seriously injured in a medical malpractice case. The jury may find that you were partially at fault because you failed to inform the doctor of your prior medical history prior to surgery, and that lack of information was a partial cause of your injuries. At a trial, a jury will first decide the percentage of fault that you bear as opposed to the doctor: 25% your fault, 75% the doctor’s fault. Next, the jury will determine the total amount of damages: $250,000. Finally, the jury will take 25% of $250,000 ($62,500) and then subtract it from the total award. This will give you the final award of $187,500. How a Long Island Personal Injury Lawyer Can Help While the concept of comparative negligence may seem complicated, the most important takeaway is that if you have been hurt in any type of accident — even if you believe that you are partially at fault — you can likely still recover. Under New York law, injured parties who share the blame for an accident can often still be compensated for their losses with the assistance of an experienced Long Island personal injury lawyer. If you have been hurt in any type of accident, Siler & Ingber can help. We have recovered over $50 million on behalf of our clients. We believe in aggressively advocating for our clients so that they get the compensation that they deserve. To learn more or to schedule a free initial consultation with a Long Island car accident attorney contact us today at 1-516-294-2666, or online anytime. We never charge a fee unless we recover money for you.
Drone Use “On The Rise”
If you see a drone flying over your construction site, it could be the Occupational Safety and Health Administration (OSHA) checking in. The organization recently started using drones or unmanned aircraft systems (UAS) to conduct worksite safety inspections, but some employers are wary that this change could bring more fines and challenges when disputing violations. Early last year, OSHA issued a memorandum to its staff formalizing the use of drones for inspection purposes. One of the parameters of the memo is that when using drones, the employer must agree to their use. The drones, according to an article published by EHS Today, an occupational safety and health magazine, have already completed nine safety inspections of facilities last year, including monitoring: a building collapse; an oil drilling rig fire; a combustible dust blast; a chemical plant explosion; and a television tower accident. So far, drones have been launched following hazardous workplace accidents where conditions were too dangerous to allow OSHA personnel onto the worksite. This year, OSHA is hoping to get even more employers behind the use of drones and to generalize the procedure for all workplaces as annual inspections continue. How The Drone Program Works Each region must choose a regional UAS program manager (UPM) to oversee all aspects of the program. The drones themselves are flown by a remote pilot in command (RPIC), an employee who has passed an FAA aeronautical knowledge test and obtained a remote pilot certificate with a UAS rating. Equipped with a camera that can record and take pictures, OSHA-operated drones must meet a number of requirements before and during their inspection flights, including: completing a pre- and post-flight checklist of maintenance inspections; receiving employers’ express consent ; notifying the personnel before the drone inspection; staying within visual line-of-sight of RPIC; operating no higher than 400 feet above the ground (unless the structure is over 400 feet tall); not exceeding speeds of more than 100 miles per hour;and yielding to manned aircrafts. The memo also states that drones are not allowed to operate over anyone not directly participating in the operation. Unless staff members are assigned to walk around with the RPIC and OSHA personnel conducting the inspection, staff must stay sheltered for protection against the possibility of malfunctioning or falling drones. Why Employers Are Worried Drones are booming in popularity. According to a USG Corporation and U.S. Chamber of Commerce report, 74 percent of construction companies admit to being on board with using drones in the next three years as a part of their business plan. However, employers supportive of advancing technology on the worksite may not be so eager to consent to OSHA drone inspections. In multiple sources addressing the new drone inspections, employers expressed the following fears and concerns: more stringent inspection practices; more citations for violations that the human eye would miss; stricter policies regarding disputing or appealing violations found by drones; inability to object to photos and videos taken of the worksite; failure to immediately fix violations during safety inspection to avoid fines; not knowing where the drone is focusing or being able to control the inspection; and revelation of trade secrets. The Debate Over Consent One of the most talked about statements in the OSHA drone memo is the matter of employer consent and whether the act of denying it is a feasible option. EHS Todayreports employers are worried that by not consenting to OSHA drone inspections, they are essentially admitting fault, which could lead to the possibility of more thorough inspections of the premises that employers may not be ready for. Another major concern is for job sites where more than one company is present. Even though OSHA is obtaining permission from one employer, the consent policies do not address what happens if violations from another employer’s property are found during the drone inspection or if all employers must consent before drone inspections can commence. Where Drones Can Help Opposition aside, drones are proliferating in many industries and there are many safety benefits to using drones employers may not have considered: Safety inspections help save lives:In a report released last year by the New York Committee for Occupational Safety and Health (NYCOSH), the organization revealed that lack of enforcement agencies performing safety inspections was one of the main contributors to construction deaths in New York State. Findings show that OSHA inspections, in particular, experienced a decrease in the last twenty years, leaving thousands of dangerous worksites left unmonitored. Drones could easily help fill the gap in the number of on-site visits OSHA safety officers are physically able to complete each year, keeping a closer eye out for deadly safety hazards. Some sites are too dangerous to monitor: Some worksites receive little-to-no safety inspections because their conditions are too hazardous for OSHA personnel to visit. Drones that fly over problem areas at these worksites can help employers improve areas of safety that may otherwise go undetected until fatalities and injuries occur. In addition, drones that fly over worksites after catastrophic accidents can help manage situations more safely and quickly by gaining an ariel perspective of the incident. Drones can stop negligent employers: Negligent employers are typically very good at hiding their flaws and violations. When OSHA personnel physically comes to inspect these sites, they have multiple ways of controlling what they see and even when they visit. Drones can uncover serious safety violations that cause injuries and fatalities to workers on the job. Drones Are The Future OSHA is exploring the option of obtaining a Blanket Public COA from the FAA to fly drones nationwide. If this is granted, the agency’s policy requiring employer permission may be negated. It is in the best interest of employers to prepare for the change by taking steps including: making a plan as to how to handle drone inspections on your site; establishing who will accompany the OSHA drone crew around the site; and educating employees on company rights. If you or someone you love has suffered a serious occupational injury at the
Methadone Is Injuring and Killing Our Children
A toddler from Melville, Long Island is recovering after an accidental overdose of methadone. First responders reported having to revive the toddler with Narcan after he had swallowed a dangerous amount of his mother’s methadone and lost consciousness on Monday, January 25. This is not an isolated incident and many other children have not been so lucky, losing their lives as a result. Every day, more than 130 people in the United States die after overdosing on opioids, creating a public health crisis. In response, the U.S. Department of Health and Human Services is focused on helping to solve this issue. One of the ways it is doing this is by promoting the use of overdose-reversing drugs. Methadone, a long-acting synthetic opioid, is prescribed by doctors to help treat patients with addictions to substances such as heroin or narcotic painkillers. The drug is supposed to reduce withdrawal symptoms and curve cravings to help individuals kick the opioid habit. Recently, however, an increase of methadone overdoses by children is revealing opioid misuse within the home: A mom from South Brunswick, New Jersey was arrested in June 2018 for the death of her 2-year-old son. According to rescue workers, the toddler had overdosed on his mother’s methadone and was unresponsive and unable to be revived. Another mother from Grand Rapids, Michigan purposely gave her six-week-old infant methadone ‘because she was fussy’ in September 2018. The infant was revived by Narcan and luckily survived the overdose. A Dubois, Indiana man and woman were arrested in January 2019 after the death of a three-year-old. The toddler was found unresponsive by first responders, and the autopsy revealed the toddler died of methadone toxicity. These are just a few examples. According to an article published in MedPage Today, nearly 9,000 children have died from opioid poisoning in the last two decades. Of these tragic deaths, at least 5,000 were estimated to be children under the age of six, with the largest number of hospitalizations among toddlers and preschoolers. Sadly, there are far too many cases of parents providing their children with opioid drugs as a soother, particularly with younger infants. Whether they understand the consequences of these drugs on children is unknown and hard to prevent considering it only takes one overdose to kill a child. Most opioid ingestions involving children can be avoided by limiting the accessibility and using simple medication safety measures in the home. Methadone is a drug that is used to treat opioid addictions, but it is still classified as an opioid itself. It’s one of the most common drugs involved in prescription opioid overdose deaths, according to the Center For Disease Control and Prevention (CDC) and children are becoming innocent victims. Why Methadone Is So Dangerous It doesn’t take a large dose of methadone to have a lethal effect on a child. A study published by the National Center for Biotechnology Information (NCBI), states adults are typically prescribed enough methadone to equal several fatal doses for a child. These overdoses can cause horrible physical and cognitive side effects extremely quick, with the possibility of shutting down vital organs and causing brain damage young children cannot survive. What’s Causing Methadone Overdoses To Rise Methadone overdoses are by no means a new issue. The NCBI study states methadone overdoses in children have been recorded since the 1960s after the drug was initially used to treat patients with chronic pain. Accidents involving children ingesting methadone, however, have increased drastically as the drug continues to become more popular. According to the study, not only have laws regarding the prescription of methadone become more liberal, the clinical uses for the drug have expanded. Its painkilling abilities have led to an increase in the number of individuals who are using the drug to replace existing opioid addictions, putting the substance in more homes across the country with children who could be harmed. Lock Up Your Meds The majority of accidents involving children who have overdosed on opioid drugs are due to the poor handling, storage, and monitoring of the drugs inside the home. ReachMD reported in 2017 that only 32% of parents were taking the time to properly lock up their prescription medications, leaving the opportunity for younger children to mistaken them as candy or older children to experiment far too young. The CDC suggests following these safety measures in your home to keep kids safe: Keep medicine up high and out of reach. Always put medicine away after use. Make sure the safety cap is locked. Teach your children about medicine safety. Inform any guests about your medicine safety policies in the home. Have poison control number (800) 222-1222 available at all times. Because accidents can still occur, it’s extremely important for every parent to know the signs of an opioid overdose to be able to act fast. Symptoms to watch include nausea, drowsiness, lethargy, confusion, disorientation, uncontrollable muscle twitches, seizures, and rapid/quick breathing. Call for medical attention immediately if you suspect your child could have ingested any amount of opioid medication. Keep LI Kids Safe After the close call in Melville last week, the Melville Fire Department is pleading with parents to lock up their medications, posting this warning on their Facebook page for the community to consider: “If you think that we don’t have an opioid epidemic right here in front of us, think again. This was an innocent child. If you know someone battling an opioid addiction, help them get help. If you’re thinking that you can try it and not get hooked, we are literally begging you…please don’t!”
