Personal Injury Lawyer - 866ATTYLAW » Lawsuits http://www.866attylaw.com/blog New York Personal Injury Lawyer Blog Thu, 19 Jan 2012 19:03:20 +0000 http://wordpress.org/?v=2.5.1 en Gas Station Attendant Shot Dead in Queens, NY Gas Station http://www.866attylaw.com/blog/gas-station-attendant-shot-dead-in-queen-20100726/ http://www.866attylaw.com/blog/gas-station-attendant-shot-dead-in-queen-20100726/#comments Tue, 27 Jul 2010 21:01:28 +0000 admin http://www.866attylaw.com/blog/?p=148 (Queens, NY, July 27, 2010 )On Sunday morning, a migrant from Pakistan named Nadeem Khan was shot dead at the Queens gas station. He was working on an overnight shift at the Mobil station in Flushing.

The CCTV camera captured pictures of two masked men entering the 133-11 Roosevelt Avenue station at around 1.40 am and firing several gunshots on his chest. Mr. Khan was staying with his brother Wasim Rashid in Valley Stream, Long Island and had migrated to US about 10 months back to fulfill his American dream. Two black men aged around 20-25years and with a height [...]]]> (Queens, NY, July 27, 2010 )On Sunday morning, a migrant from Pakistan named Nadeem Khan was shot dead at the Queens gas station. He was working on an overnight shift at the Mobil station in Flushing.

The CCTV camera captured pictures of two masked men entering the 133-11 Roosevelt Avenue station at around 1.40 am and firing several gunshots on his chest. Mr. Khan was staying with his brother Wasim Rashid in Valley Stream, Long Island and had migrated to US about 10 months back to fulfill his American dream. Two black men aged around 20-25years and with a height of 5’ 9” are suspects,   but no arrests have taken place so far.

]]> http://www.866attylaw.com/blog/gas-station-attendant-shot-dead-in-queen-20100726/feed/ What to do if you fall on snow or ice http://www.866attylaw.com/blog/what-to-do-if-you-fall-on-snow-or-ice/ http://www.866attylaw.com/blog/what-to-do-if-you-fall-on-snow-or-ice/#comments Fri, 26 Feb 2010 14:45:27 +0000 admin http://www.866attylaw.com/blog/?p=113 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 [...]]]> 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 a roadway while crossing in the middle of the street will have a much more difficult case. Under the NYC Adm. Code 7-210, a property owner is responsible for a defective public sidewalk adjoining his or her property. This means that snow or ice in front of a property is actionable against the owner and owners of property are required to maintain insurance coverage. The only exception is an owner occupied one, two, or three family dwelling in which case the lawsuit would be against The City of New York.

2. When did you fall? Falling at a time when snow is still falling from the sky usually precludes a lawsuit. There is a storm in progress doctrine which basically states - “you don’t have to clean up the snow or ice if it is still falling from the sky” because even if you do a great job of cleaning and throwing down salt, more snow will just come down in the next few minutes. NYC Adm. Code has a 4 hour rule which requires landlords to clean up the snow within 4 hours of the time when it has stopped snowing. This law can be used affirmatively to establish negligence on behalf of injured individuals.

3. What to do if you fell? -Photograph the snow/ice that caused you to fall. -Call an Ambulance right away and go to the hospital if you feel pain. Better to be safe than sorry. -Contact an attorney so they can do a complete and full investigation which may include weather experts, engineers, photographs, measurements, and other valuable insights. -Go to a good medical doctor for your injuries to continue your treatment after the hospital.

Frekhtman & Associates, New York Accident & Injury Lawyers, (866) ATTY LAW or www.866attylaw.com

]]> http://www.866attylaw.com/blog/what-to-do-if-you-fall-on-snow-or-ice/feed/ Labor Law 240(1) decision from Court of Appeals helps plaintiffs http://www.866attylaw.com/blog/labor-law-2401-decision-from-court-of-appeals-helps-plaintiffs/ http://www.866attylaw.com/blog/labor-law-2401-decision-from-court-of-appeals-helps-plaintiffs/#comments Thu, 25 Feb 2010 15:59:56 +0000 admin http://www.866attylaw.com/blog/?p=109 Recently, on December 17, 2009, the Court of Appeals of the State of New York decided a case called Runner v. New York Stock Exchange, 2009 WL 4840213, NY Slip Op 09310 (2009). It clarified the state of the law with respect to construction accident or Labor Law cases where an object falls and comes into contact with a worker. These are commonly referred to as “falling object” cases.  The Court held that there is no strict requirement that the worker and the falling object make contact.  The proper question to ask is not whether the object hit the worker [...]]]> Recently, on December 17, 2009, the Court of Appeals of the State of New York decided a case called Runner v. New York Stock Exchange, 2009 WL 4840213, NY Slip Op 09310 (2009). It clarified the state of the law with respect to construction accident or Labor Law cases where an object falls and comes into contact with a worker. These are commonly referred to as “falling object” cases.  The Court held that there is no strict requirement that the worker and the falling object make contact.  The proper question to ask is not whether the object hit the worker but rather “whether the harm flows directly from the application of the force of gravity to the object.” Ibid.  In Runner, the plaintiff was injured while transporting a large wire wheel down a flight of stairs. As the wheel descended the injured worker was pulled into a metal bar injuring his hands. It may no longer be required that the object fall from a height above the worker or that that object hit the worker.  Such an expansive reading of the Labor Law is a step in the right direction in accordance with the legislative intent behind the Labor Law.

]]> http://www.866attylaw.com/blog/labor-law-2401-decision-from-court-of-appeals-helps-plaintiffs/feed/ Construction Accident matter arbitrated for over $400,000.00 by New York City construction accident lawyers http://www.866attylaw.com/blog/construction-accident-matter-arbitrated-for-over-40000000-by-new-york-city-construction-accident-lawyers/ http://www.866attylaw.com/blog/construction-accident-matter-arbitrated-for-over-40000000-by-new-york-city-construction-accident-lawyers/#comments Wed, 24 Feb 2010 04:00:09 +0000 admin http://www.866attylaw.com/blog/?p=101 Frekhtman & Associates, a New York based construction accident law firm has recently settled a case involving a Brooklyn laborer who fell from a ladder while stripping a circular staircase inside a large multi-apartment dwelling. The plaintiff was working on the ladder when another worker moved a piece of sheetrock which cause other piles of sheetrock to fall over onto their side. The last such piece fell and struck the ladder causing it to topple over. The plaintiff sustained a serious injury including a fracture of his ankle which required open reduction internal fixation. Defendant moved for summary judgment [...]]]> Frekhtman & Associates, a New York based construction accident law firm has recently settled a case involving a Brooklyn laborer who fell from a ladder while stripping a circular staircase inside a large multi-apartment dwelling. The plaintiff was working on the ladder when another worker moved a piece of sheetrock which cause other piles of sheetrock to fall over onto their side. The last such piece fell and struck the ladder causing it to topple over. The plaintiff sustained a serious injury including a fracture of his ankle which required open reduction internal fixation. Defendant moved for summary judgment arguing a different version of facts including that plaintiff was not even ever on a ladder and that he moved the sheetrock himself causing it to fall on his own foot. Despite these arguments, defendants’ summary judgment motion was denied and the case was scheduled for trial. While awaiting trial, the parties agreed to participate in an arbitration. As a result of an arbitration award, the case was resolved for $410,000.00

]]> http://www.866attylaw.com/blog/construction-accident-matter-arbitrated-for-over-40000000-by-new-york-city-construction-accident-lawyers/feed/ NYC Accident Injury Lawyers settle supermarket accident case http://www.866attylaw.com/blog/nyc-accident-injury-lawyers-settle-supermarket-accident-case/ http://www.866attylaw.com/blog/nyc-accident-injury-lawyers-settle-supermarket-accident-case/#comments Wed, 24 Feb 2010 02:58:35 +0000 admin http://www.866attylaw.com/blog/?p=99 In January 2010, the attorneys at Frekhtman & Associates with the help of their trial counsel settled the case of a client who was injured at a large supermarket/ wholesale club in Brooklyn, New York. The incident happened at Costco. A large escalator like conveyer belt took customers from the first floor to the second floor inside this warehouse. When a child fell between two carts, the client turned his shopping cart sideways to prevent it from hitting the child. Store employees watched the incident but failed to press the red stop button on the side of the escalator [...]]]> In January 2010, the attorneys at Frekhtman & Associates with the help of their trial counsel settled the case of a client who was injured at a large supermarket/ wholesale club in Brooklyn, New York. The incident happened at Costco. A large escalator like conveyer belt took customers from the first floor to the second floor inside this warehouse. When a child fell between two carts, the client turned his shopping cart sideways to prevent it from hitting the child. Store employees watched the incident but failed to press the red stop button on the side of the escalator that would stop the conveyer belt. This led to numerous shopping carts filled with products to strike the plaintiff in his side and back causing serious injuries. After a jury was selected and a trial began in Brooklyn Supreme Court, the case settled for $250,000.00

]]> http://www.866attylaw.com/blog/nyc-accident-injury-lawyers-settle-supermarket-accident-case/feed/ Appeals Court affirms Jury Verdict of $2,800,000.00 by Frekhtman & Associates http://www.866attylaw.com/blog/appeals-court-affirms-jury-verdict-of-280000000-by-frekhtman-associates/ http://www.866attylaw.com/blog/appeals-court-affirms-jury-verdict-of-280000000-by-frekhtman-associates/#comments Tue, 23 Feb 2010 22:19:48 +0000 admin http://www.866attylaw.com/blog/?p=96 Frekhtman & Associates, a New York personal injury law firm obtained a jury verdict of $2,800,000.00 for a construction worker who was injured when a temporary light fixture fell from the ceiling and struck him on the head.  The plaintiff was laying tiles onto the wall inside a New York City Transit Authority station near Yankee Stadium at 161st Street in the Bronx, New York. At trial, the plaintiff presented evidence of his injury including a subdural hematoma, PET-SCAN evidence of a mild traumatic brain injury (MBTI), and herniated discs in his neck.  Despite video surveillance by the defendant of [...]]]> Frekhtman & Associates, a New York personal injury law firm obtained a jury verdict of $2,800,000.00 for a construction worker who was injured when a temporary light fixture fell from the ceiling and struck him on the head.  The plaintiff was laying tiles onto the wall inside a New York City Transit Authority station near Yankee Stadium at 161st Street in the Bronx, New York. At trial, the plaintiff presented evidence of his injury including a subdural hematoma, PET-SCAN evidence of a mild traumatic brain injury (MBTI), and herniated discs in his neck.  Despite video surveillance by the defendant of plaintiff working after the accident, the jury found for the plaintiff and awarded $2,800,000 in total.  The Appeals Court, Second Department Appellate Division, affirmed the jury award on liability and damages. The Second Department reduced the award from $2,800,000 to approximately $1,600,000.00. Defendant, the New York City Transit Authority, has expressed an intention to file a motion for leave to appeal to the Court of Appeals, which is the highest Court in New York.

]]> http://www.866attylaw.com/blog/appeals-court-affirms-jury-verdict-of-280000000-by-frekhtman-associates/feed/ Frekhtman & Associates settles trip and fall for $425,000.00 http://www.866attylaw.com/blog/frekhtman-associates-settles-trip-and-fall-for-42500000/ http://www.866attylaw.com/blog/frekhtman-associates-settles-trip-and-fall-for-42500000/#comments Tue, 23 Feb 2010 22:10:06 +0000 admin http://www.866attylaw.com/blog/?p=95 An elderly man in his mid 80’s tripped and fell over a box left under a pool table at a senior citizen care center. He sustained a fracture of his hip requiring surgery.  He retained Frekhtman & Associates to represent him for this serious personal injury case. The firm filed a lawsuit, conducted discovery, and prepared the matter for trial. Defendants denied liability arguing that the plaintiff leaned forward too far while playing pool, which caused him to fall on his side. Recently, on the eve of trial, the matter was amicably settled for $425,000.  The lawsuit was brought in [...]]]> An elderly man in his mid 80’s tripped and fell over a box left under a pool table at a senior citizen care center. He sustained a fracture of his hip requiring surgery.  He retained Frekhtman & Associates to represent him for this serious personal injury case. The firm filed a lawsuit, conducted discovery, and prepared the matter for trial. Defendants denied liability arguing that the plaintiff leaned forward too far while playing pool, which caused him to fall on his side. Recently, on the eve of trial, the matter was amicably settled for $425,000.  The lawsuit was brought in Queens County Supreme Court in New York State.

]]> http://www.866attylaw.com/blog/frekhtman-associates-settles-trip-and-fall-for-42500000/feed/ Types of Personal Injury Compensation/Claims: Update by New York State (NYS) Injury Attorney http://www.866attylaw.com/blog/new-york-state-nys-injury-attorney/ http://www.866attylaw.com/blog/new-york-state-nys-injury-attorney/#comments Tue, 14 Oct 2008 13:52:03 +0000 admin http://www.866attylaw.com/blog/?p=88 Personal injury compensation is paid out as a monetary award of damages which is meant to compensate the victim for the injury and losses which they have sustained due to injuries. The personal injury compensation that can be won for a claimant falls into two major categories:

Injury Compensation – It encompasses general damages and is given to remunerate the injury victim for the pain, suffering, loss of work and inconvenience caused by the injury itself.  An example of this injury compensation would be a compensation amount given to the victim of a car accident because he/she had suffered spinal cord [...]]]> Personal injury compensation is paid out as a monetary award of damages which is meant to compensate the victim for the injury and losses which they have sustained due to injuries. The personal injury compensation that can be won for a claimant falls into two major categories:

Injury Compensation – It encompasses general damages and is given to remunerate the injury victim for the pain, suffering, loss of work and inconvenience caused by the injury itself.  An example of this injury compensation would be a compensation amount given to the victim of a car accident because he/she had suffered spinal cord injuries as a direct result of the defendant’s rash driving. The amount of personal injury compensation is decided by keeping in mind the pain and discomfort suffered by any individual.

Financial Compensation – Financial compensation encompasses past or future financial losses which the injury victim has sustained. These financial compensation claims include loss of earnings and the cost of medical care. A good example would be a construction worker who was unable to work for several months due to his injuries which he suffered at construction site. If he was not paid in full by his employers in his absence then the defendant will be responsible for paying his previous due wages. His medical bills would also be paid in full. In certain type of serious medical malpractice cases like Cerebral Palsy, Erbs Palsy and various types of birth injury cases, this compensation amount can reach million of dollars. The exact cost of financial compensation is decided carefully after analyzing the medical status of the victim and medical treatment which he might require to support rest of his/her medical treatment or other financial losses.

]]> http://www.866attylaw.com/blog/new-york-state-nys-injury-attorney/feed/ Filing a Personal Injury Claim or Lawsuit in NYC (New York) http://www.866attylaw.com/blog/filing-a-personal-injury-claim-or-lawsuit-in-nyc-new-york/ http://www.866attylaw.com/blog/filing-a-personal-injury-claim-or-lawsuit-in-nyc-new-york/#comments Tue, 23 Sep 2008 11:53:39 +0000 admin http://www.866attylaw.com/blog/?p=86 If you have suffered personal injuries in an accident, medical malpractice or due to negligence of some New York state authority, then you can file a personal injury lawsuit or injury claim against the negligent authority or individual.

There are different types of personal injury claims for different types of accidents and injuries. You can file a personal injury lawsuit if you have receive injuries due to negligence of some individual or authority.

Some of the personal injury claims and lawsuits are as given below:-

Accident related personal injuries in New York

New York City Auto accidents If you have suffered personal injuries in an accident, medical malpractice or due to negligence of some New York state authority, then you can file a personal injury lawsuit or injury claim against the negligent authority or individual.

There are different types of personal injury claims for different types of accidents and injuries. You can file a personal injury lawsuit if you have receive injuries due to negligence of some individual or authority.

Some of the personal injury claims and lawsuits are as given below:-

Accident related personal injuries in New York

Following are some of the injuries which result from various types of accidents

Medical Malpractice has become an epidemic across the United States and it is one of the major causes of personal injuries resulting from negligence of medical authorities and professionals.

Different types of Medical Malpractice Cases are as given below:-

If you or someone close to you has suffered serious injuries due to fault of some individual/authority, then you can file a personal injury claim. You can also contact your injury lawyer who will help you receive justice and compensation for your injuries and trauma.

Update by : NYC Personal Injury Lawyer

]]> http://www.866attylaw.com/blog/filing-a-personal-injury-claim-or-lawsuit-in-nyc-new-york/feed/ Brooklyn Woman Died on Hospital Floor due to Blood Clots. http://www.866attylaw.com/blog/brooklyn-woman-died-on-hospital-floor-due-to-blood-clots/ http://www.866attylaw.com/blog/brooklyn-woman-died-on-hospital-floor-due-to-blood-clots/#comments Fri, 11 Jul 2008 11:08:49 +0000 admin http://www.866attylaw.com/blog/?p=59 The attorney for the family who has filed the case against Kings County Hospital, Brooklyn said that the victim died from blood clots. These clots were developed due to inactivity after waiting for more than 24 hours in the psychiatric ward of Kings County Hospital.

The surveillance video clearly showed Esmeen Green fell from her seat after waiting for more than 24 hours in the psychiatric ward. She was shaking on the floor, and was left unattended for more than 1 hour. Several hospital workers passed by, simply ignoring her.

The lawyer has reported that blood clots were formed in her legs [...]]]> The attorney for the family who has filed the case against Kings County Hospital, Brooklyn said that the victim died from blood clots. These clots were developed due to inactivity after waiting for more than 24 hours in the psychiatric ward of Kings County Hospital.

The surveillance video clearly showed Esmeen Green fell from her seat after waiting for more than 24 hours in the psychiatric ward. She was shaking on the floor, and was left unattended for more than 1 hour. Several hospital workers passed by, simply ignoring her.

The lawyer has reported that blood clots were formed in her legs due to inactivity and has filed a case (wrongful death, and medical negligence) against the Kings County Hospital, New York. These clots traveled through her bloodstream to her lungs, thus causing her death.

A dying person could have been saved, if Kings County Hospital would have examined and treated her in timely fashion. She could have been given anti-coagulation drugs or she could have been told to walk around to remove the clotting in her legs.

Mrs.Green’s sister and daughter have filed a $25 Million lawsuit against the Kings County Hospital which includes criminal, and medical negligence charges against the hospital authorities.

Meanwhile, the hospital authorities have issued statement that they have introduced changes in their psychiatric program, and have reduced waiting times. They have made mandatory checks to be conducted every 15 minutes on patients admitted to their psychiatric ward.

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