Accident Injuries

Often times the plaintiff and his or her attorney will make an agreement with the defendants and their attorneys called a high low agreement. The purpose of such an agreement is to set a high or ceiling value as well as a low or floor value for which the case will be resolved. This guarantees the injured plaintiff will receive monetary compensation thereby eliminating the possibility of obtaining no recovery in the event of a dismissal or defense verdict after trial. It also sets a ceiling on the recovery which defendants favor because it prevents them from having [...]

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Toyota Motor Corp. officials are under fire with questions from Congress during Senate hearings on the company’s worldwide recall of 8,500,000 vehicles. The hearings are underway on Tuesday, March 2, 2010.

Toyota has attributed the problems to gas pedals that can get covered by floor mats. The gas pedals also stick due to design flaws. Safety experts have said the problem may be with the electronics inside the Toyota vehicles.

An estimated 52 deaths since 2000 have been linked to the sudden acceleration problem.  Toyota is also fixing 1.6 million cars due to oil hoses with leaks.

A large numbers of death [...]

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A 17 yr old employee at Dunkin Donuts in Smithtown, Long Island took out the garbage this past Sunday night and was caused to fall into an uncovered sewage pit. He died as a result. Amiri Zeqiri, 17, slipped into an open cesspool behind the Long Island store, about 40 miles from NYC.  It was the custom and practice of the store to keep a manhole cover over the pit or cesspool, an opening in the ground where sewage and waste drains from sinks and toilets.

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An elderly woman was walking home along a pedestrian sidewalk when she was caused to slip and fall due to an icy condition in front of a red brick building owned by an absentee landlord and rented by tenants.  She sustained a trimalleolar fracture of her ankle which required surgery in the form of open reduction internal fixaton (ORIF). State Farm insurance company was the homeowner’s insurane carrier for the building in question.  Prior to trial, State Farm took a no pay position on this case. During trial, they offered $25,000 due to difficult liability. The trial lawyers at Frekhtman [...]

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Under New York law, construction contractors and landlords of property where construction is ongoing are required to maintain certain safety standards and follow safety laws.

New York Labor Section 200 states that contractors, owners and their agents have a general obligation to provide a safe work environment for workers.

Labor Law Section 240 deals with the use of scaffolding, ladders, scissor lifts, and other devices used by workers “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” but does not apply to routine maintenance such as changing a light bulb. Scaffolding must be [...]

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If you fall due to snow or ice, you may be able to bring a successful lawsuit to recover money damages. The important factors to consider are

1. Where did you fall? Certain areas are actionable under the law while other areas are more difficult or even impossible. For example, someone who fell on a sidewalk in front of a commercial premises on a Wed when it last snowed on a Sun may have a strong case because the landlord/ management should have cleaned the snow or ice in the 2-3 day time window. However, someone who fell on [...]

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If you or someone you know have been injured as a result of a ceiling collapse, it is important to rememeber the following:

1. Take pictures of the ceiling immediately after the collapse to show the damage.

2. If you feel pain, go to the hospital. The Ambulance and sometimes the FDNY Fire Department respond to ceiling collapse calls.

3. If you complained about a leak, cracked ceiling, prior collapse, or similar complaint, find the letters, emails, or other proof of the prior complaints. Prior notice to the landlord or management of the building is a legal requirement. If you only complained over [...]

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The plaintiff was a warehouse workers who was assisting a large truck hooked to a tractor trailer that was backing up into a loading dock. The tractor trailer reversed into the loading dock improperly at a diagnol. The plaintiff banged on the side of the truck and yelled out to the driver to stop. The driver pushed the gas and moved his vehicle forward. This caused the rear tractor trailer door which was open at the time to catch on the side gate of the warehouse facility. The impact ripped the tractor trailer door off its hinges and caused it [...]

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An infant recovered $1,400,000.00 in a medical malpractice case involving failure to diagnose a brain tumor which pressed on his optic nerve and caused blindness. The delay in diagnosis was brief, only about 4 months from the onset of symptoms until the time when his pediatrician correctly diagnosed the condition. Because of this many medical experts said there was no causation or that the blindness was not caused by the failure to diagnose. His attorneys were persistent and kept speaking to specialists until an expert made the connection. Prior to trial, the parties negotiated a $1,400,000.00 settlement which [...]

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1. If you are injured, call an ambulance from the scene of the accident and go to the hospital. Don’t leave the scene. One of the most frequent defenses raised by insurance companies is that the accident did not happen in the manner alleged or in the location alleged. Having an EMS crew arrive at the exact spot you fell and document it in their report will help prevent such arguments by the defendants.

2. Take photographs of your injuries including bruises, scarring, and casts or braces. Take photographs of the location where you fell and the defective [...]

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