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New York Personal Injury Lawyers explain High Low agreements

admin — Wed, 03 Mar 2010 23:54:59 +0000

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 to pay a large amount in the event a jury awards a very large sum to the injured party. An example of a high low agreement may be a car accident case with a $500,000 insurance policy. The parties may enter into a high-low of 250/75 meaning the plaintiff will get at least 75,000 and no more than $250,000. The trial or arbitration proceeds the same way it would without the agreement but the above parameters are controlling. Therefore, if the jury renders a defense verdict, the plaintiff still gets $75,000 and if the jury awards $1,000,000, the plaintiff only recover $250,000.

These types of agreements are used by counsel for plaintiffs and defendants and can prove helpful. It is important to negotiate the terms of the agreement carefully.

Labor Law 240(1) decision from Court of Appeals helps plaintiffs

admin — Thu, 25 Feb 2010 15:59:56 +0000

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.

NY Lobby Day planned for April 20th, 2010

admin — Wed, 24 Feb 2010 15:51:44 +0000

Many plaintiff’s attorneys are going to Albany, New York the State Capitol to address the legislature concerning the New York serious injury motor vehicle law also known as Insurance Law 5102(d) or the “threshold” law. The New York State Trial Lawyers Association (NYSLTA) is attempting to change this law to avoid dismissal of cases with serious injuries.

The New York personal injury attorneys at Frekhtman & Associates will send a number of attorneys to participate in this effort. We will also speak to clients whose cases were unfairly dismissed due to the threshold law. Currently, Insurance Law 5102(d) has nine categories of serious injury. However, many of the categories are ill defined and open to numerous interpretations allowing some judges to dismiss claims while other judges uphold similar if not identical claims. Furthermore, even if a client has sustained a serious injury, including knee surgery for example, a court may dismiss the case as not qualifying under Insurance Law 5102(d) on technical grounds such as that the medical doctor who treated the client after the accident failed to compare the range of motion of his knee to normal, or that the client had an unexplained gap in his medical treatment, and or that the client’s doctor did not compare his range of motion to normal at a time recent to defendant’s motion to dismiss. Any one of these failures by doctors to document an injury may lead to dismissal of otherwise meritorious and serious injury claims.

Hopefully, Lobby Day will prove fruitful in changing and old and outdated law that simply does not apply to contemporary litigation.

Appeals Court affirms Jury Verdict of $2,800,000.00 by Frekhtman & Associates

admin — Tue, 23 Feb 2010 22:19:48 +0000

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.

New York Automobile Accident Attorney Explains OBEL Coverage

admin — Tue, 17 Mar 2009 18:19:04 +0000

New York Accident Attorney advises New York car insurance holders to consider purchasing OBEL i.e. Optional Basic Economic Loss coverage. Along with basic insurance coverage, OBEL coverage provides protection to automobile accident victims with an additional $25,000 which can be used to cover medical expenditures and lost wages.

There are various types of insurance covers which provide compensation for medical bills/or lost earnings in case of an auto accident. OBEL coverage is an optional coverage and is not mandatory. If you obtain this coverage then it will provide additional benefit of $25,000 which will supplement your motorist insurance coverage.

It is mandatory for every single driver of an auto vehicle in New York to possess Personal Injury Protection or No-Fault insurance. The No Fault insurance pays for medical bills up to $50,000 and this optional coverage provides an additional cover of $25,000. In case your first 50k are used up or exhausted, then OBEL coverage provides benefits to the policy holder as well as to the pedestrians, your family members, and other occupants of the car if they receive injuries in an auto accident.

OBEL gives you a complete control over the additional $25,000 and the manner in which you would you like to avail this additional benefit. Under basic, mandatory No-Fault coverage the first medical provider who billed the insurance company is the first to be paid.

There are various options available to you under OBEL Coverage. It provides you right to decide the allocation of funds. You can use OBEL Coverage to cover following:-

1. Basic Economic Loss which includes medical expenses, loss of earnings, and other necessary expenses;

2. Lost Wages

3. Psychiatric, physical, or occupational therapy and rehabilitation; or

4. Combined benefits of option two and three.

However, it is important to select the right option. You are not allowed to change or switch to a different option once you have made a selection.

If you have received serious injuries in an accident, then OBEL can help you. If you or someone close to you has been involved in serious accidents such as truck accidents or tractor trailer accidents, then No-Fault coverage will exhaust quickly. This will lead to large, unpaid hospital bills. Therefore purchasing OBEL coverage will give you additional benefits which will cover expenditures arising out of serious automobile accidents and injuries.

If you are injured in an automobile accident due to negligence of some individual then you must get in touch with an Accident Attorney who will help you receive justice and compensation for your injuries.

Visit New York Accident Lawyer : http://www.866attylaw.com at following address:-

60 Bay 26th Street, Brooklyn, New York - 11214 Phone : (718) 331-7700

The Woolworth Building, 233 Broadway, New York, New York - 10007 Phone : (212) 766-5656

Queens Woman sentenced to 11 Years In New York Adoption Scam

admin — Wed, 16 Jul 2008 10:10:18 +0000

A 63 year old Woman named Judith Leekin, has been sentenced to 11 Years in adoption scam. The woman is a former resident of Queens and has been convicted for adopting and abusing 11 disabled children.

She has admitted to using forge names to adopt the children, and used to send phony report cards to the authorities. She received

She made a fortune of $1.68 millions in adoption subsidies, which was forfeited by her in a plea deal.

Leekin, moved to Florida after adopting children from New York during 1988 – 1996.

The children were kept in inhumane conditions – forced to sleep on the floor and were tied up, or beaten if they misbehaved.

Lawyers for the children have asked for up to 40 years in prison for Leekin.

Gang Member from Bronx, New York Sentenced to Life without Parole

admin — Wed, 16 Jul 2008 09:21:11 +0000

A Bronx gang member, George Melende was convicted to life without parole. He was involved in a gruesome 2005 murder, and was convicted for the first-degree murder of Dennis Rivera.

The incident happened in 2005 when three Latin Kings gang members tortured Rivera for a day and a half. During this time, victim was forced to drink drano, his genitals were branded with a scalding hammer, and was subjected to electric shocks.

After this gruesome torture, he was strangled to death by crushing his throat with a baseball bat and set fire to his body in a parking lot behind Yankee Stadium.

City Council Hearing on Construction Safety

admin — Tue, 15 Jul 2008 16:43:19 +0000

The New York City Council will hold a hearing today on legislation which deals with construction site and crane safety.

Earlier this month, Li Mandri had announced that there will be a major upgrade of the Building Code. This upgrade will be held for the first time in more than 4 decades.
This new building code will introduce Structural safety regulations, along with new emergency systems. The new code will lay more emphasis on the public safety to minimize risks to the public.

So far 20 people have lost their lives in construction accidents this year alone which includes 7 in March’s crane collapse accident in Turtle Bay.

Brooklyn Woman Died on Hospital Floor due to Blood Clots.

admin — Fri, 11 Jul 2008 11:08:49 +0000

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.

Police Officer With Fatal Shooting Acquited by Manhattan Jury

admin — Fri, 11 Jul 2008 10:20:36 +0000

A Manhattan jury decided on Thursday not to accuse a city police officer involved in fatal shooting after a traffic dispute last year.

It all started when Officer Sean Sawyer got involved in an argument with Jayson Tirado, in East Harlem in October.

The argument finally ended with Jayson Tirado being shot to death.

Tirado’s mother Irene is still demanding justice.

She wants the officer responsible for killing her son, to be jailed. She says she is unable to understand why they justify these so-called police officers even when they take their own law into their own hands. They usually don’t call for back-up and if do they ask to unload a gun on you, said Irene.

According to Sawyer, who was off duty at that time, maintains that Tirado was making a move as if he had a gun and claims he acted in self-defense.

The accused officer Sawyer still remains suspended and will face a departmental review of the incident.