Personal Injury Lawyer - 866ATTYLAW » Personal Injury http://www.866attylaw.com/blog New York Personal Injury Lawyer Blog Mon, 02 Aug 2010 20:03:42 +0000 http://wordpress.org/?v=2.5.1 en Man Killed while trying to save brother on J train platform in Queens http://www.866attylaw.com/blog/man-killed-while-trying-to-save-brother-2010-07-31/ http://www.866attylaw.com/blog/man-killed-while-trying-to-save-brother-2010-07-31/#comments Mon, 02 Aug 2010 20:00:44 +0000 admin http://www.866attylaw.com/blog/?p=166 Queens, Ny, July 31st 2010 - Police have reported that a 27-year-old man named Dario Pavia was killed while saving his younger brother from a fight that took place at Queens’s subway platform.

Police and his relatives said that a group of men were fighting with 20-year-old Khristian at the 85th St.Forest Parkway Station and when Dario Pavia tried to save him, one of the men slit his throat with a knife and he died few hours later in the Jamaica hospital.

Victims another brother David Poggi who was very sad and angry with this incident said that his deceased brother was [...]]]> Queens, Ny, July 31st 2010 - Police have reported that a 27-year-old man named Dario Pavia was killed while saving his younger brother from a fight that took place at Queens’s subway platform.

Police and his relatives said that a group of men were fighting with 20-year-old Khristian at the 85th St.Forest Parkway Station and when Dario Pavia tried to save him, one of the men slit his throat with a knife and he died few hours later in the Jamaica hospital.

Victims another brother David Poggi who was very sad and angry with this incident said that his deceased brother was only trying to help out his younger brother who was being robbed by the men.

The police immediately spread over Woodhaven J train after the stabbing incident but no arrests were made so far.

Junior Rasul who works at Palace Fried Chicken below the platform heard the young boy screaming for help and felt that he was an innocent kid and did not look like a menace.

Police said that Khristian Paiva had minor injuries. Police said that the investigation is going on and the investigators are not sure if the attack was due to robbery or not.

Poggi said that he had lost one of his brothers in a car accident and now his family members are unable to get over the death of Dario who was teaching in Kingsborough Community College.

Poggi could not believe that he is not going to hear his brother’s laugh anymore.

]]> http://www.866attylaw.com/blog/man-killed-while-trying-to-save-brother-2010-07-31/feed/ Jelly Fish Attack at N.H. Beach, NY http://www.866attylaw.com/blog/jelly-fish-attack-at-nhbeach/ http://www.866attylaw.com/blog/jelly-fish-attack-at-nhbeach/#comments Tue, 27 Jul 2010 21:06:35 +0000 admin http://www.866attylaw.com/blog/?p=149 N.H.Beach, NY 21 July, 2010 - According to reports, a dead jellyfish of the size of a turkey platter stung nearly 150 people on Wednesday afternoon (21 July, 2010) at Wallis Sands Beach. This mammoth jellyfish drifted a shore at around 2 p.m. on Wednesday. Several Paramedics treated the victims who were stung by this jellyfish. According to the lifeguards, this jellyfish weighed almost 50 pounds. All the victims, including children, were sent to Portsmouth Regional Hospital for treatment. It is very astonishing to see that a single jellyfish could sting so many people at one go.

]]> N.H.Beach, NY 21 July, 2010 - According to reports, a dead jellyfish of the size of a turkey platter stung nearly 150 people on Wednesday afternoon (21 July, 2010) at Wallis Sands Beach. This mammoth jellyfish drifted a shore at around 2 p.m. on Wednesday. Several Paramedics treated the victims who were stung by this jellyfish. According to the lifeguards, this jellyfish weighed almost 50 pounds. All the victims, including children, were sent to Portsmouth Regional Hospital for treatment. It is very astonishing to see that a single jellyfish could sting so many people at one go.

]]> http://www.866attylaw.com/blog/jelly-fish-attack-at-nhbeach/feed/ F&A's trial counsel wins jury verdict for $585,000 in trip and fall accident http://www.866attylaw.com/blog/fas-trial-counsel-wins-jury-verdict-for-585000-in-trip-and-fall-accident/ http://www.866attylaw.com/blog/fas-trial-counsel-wins-jury-verdict-for-585000-in-trip-and-fall-accident/#comments Sun, 18 Jul 2010 01:10:02 +0000 admin http://www.866attylaw.com/blog/?p=142 A Brooklyn jury returned a verdict for Bouazo Kouho, a security guard who ran inside a Trump Village apartment complex to put out a fire. As he ran, his foot was caught in a hole created by a faulty sprinkler system.  He suffered a torn Achilles tendon which required surgery.  After a 100% liability verdict against the defendant, the jury awarded the plaintiff $585,000 as compensation for past and future pain and suffering.  Prior to the start of the trial, the defendants had a no pay position because of the difficult liability situation present in this case. Plaintiff was running [...]]]> A Brooklyn jury returned a verdict for Bouazo Kouho, a security guard who ran inside a Trump Village apartment complex to put out a fire. As he ran, his foot was caught in a hole created by a faulty sprinkler system.  He suffered a torn Achilles tendon which required surgery.  After a 100% liability verdict against the defendant, the jury awarded the plaintiff $585,000 as compensation for past and future pain and suffering.  Prior to the start of the trial, the defendants had a no pay position because of the difficult liability situation present in this case. Plaintiff was running and defendants claimed they had no notice of the small hole contained in a grassy field on the property.  However, plaintiff was able to prove defendants knew about the hole. Plaintiff used a safety expert during the liability phase of the trial. During the damages phase , plaintiff called his treating doctor to explain the nature and extent of his injuries as well as his future prognosis.

]]> http://www.866attylaw.com/blog/fas-trial-counsel-wins-jury-verdict-for-585000-in-trip-and-fall-accident/feed/ New York Personal Injury Lawyers explain High Low Agreements http://www.866attylaw.com/blog/new-york-personal-injury-lawyers-explain-high-low-agreements-2/ http://www.866attylaw.com/blog/new-york-personal-injury-lawyers-explain-high-low-agreements-2/#comments Mon, 03 May 2010 00:37:08 +0000 admin http://www.866attylaw.com/blog/?p=121 A high low agreement is made between the lawyers for the plaintiff and defendant with the consent of their clients. Such an agreement is a contract that sets a ceiling and a floor on the recovery thereby seeking to limit the potential payout defendants must make in the event of a large jury verdict while confirming the plaintiff will receive some baseline monetary amount. For example, in a personal injury action where the insurance policy limits are one million dollars ($1,000,000), the parties may enter into a high low agreement of $100,000 to $550,000. This means that if the [...]]]> A high low agreement is made between the lawyers for the plaintiff and defendant with the consent of their clients. Such an agreement is a contract that sets a ceiling and a floor on the recovery thereby seeking to limit the potential payout defendants must make in the event of a large jury verdict while confirming the plaintiff will receive some baseline monetary amount. For example, in a personal injury action where the insurance policy limits are one million dollars ($1,000,000), the parties may enter into a high low agreement of $100,000 to $550,000. This means that if the jury comes back with a verdict of $550 or more, the plaintiff is capped at $550,000 and will not receive more. However, if the jury comes back with a defense verdict in which the plaintiff would normally receive no compensation, he would still receive $100,000. The same is true if the jury would award the plaintiff from $1 to $100,000. If the jury awards an amount in between the parameters, the plaintiff receives that amount. Such agreements can be useful tools to insure that injured parties receive sufficient compensation. Negotiating the parameters of the agreement is crucial. From a plaintiff’s perspective, a high low agreement is useful when you fear the probability of a defendant’s verdict because you are guaranteeing some recovery. It is also useful when the injury involved is not so serious as to command a very large verdict.

]]> http://www.866attylaw.com/blog/new-york-personal-injury-lawyers-explain-high-low-agreements-2/feed/ New York Personal Injury Lawyers explain High Low agreements http://www.866attylaw.com/blog/new-york-personal-injury-lawyers-explain-high-low-agreements/ http://www.866attylaw.com/blog/new-york-personal-injury-lawyers-explain-high-low-agreements/#comments Wed, 03 Mar 2010 23:54:59 +0000 admin http://www.866attylaw.com/blog/?p=122 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 [...]]]> 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.

]]> http://www.866attylaw.com/blog/new-york-personal-injury-lawyers-explain-high-low-agreements/feed/ What to do after a Ceiling Collapse occurs? http://www.866attylaw.com/blog/what-to-do-after-a-ceiling-collapse-occurs/ http://www.866attylaw.com/blog/what-to-do-after-a-ceiling-collapse-occurs/#comments Thu, 25 Feb 2010 17:17:42 +0000 admin http://www.866attylaw.com/blog/?p=110 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 [...]]]> 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 the phone, jot down the dates when you complained and who you spoke to.

4. If a piece of concrete or sheetrock fell from the ceiling, preserve that as evidence.

5. Contact a New York personal injury lawyer immediately. A lawyer can conduct a full investigation quickly, start the claim with the insurance company, recommend qualified doctors to treat your injuries, and handle the case leading to a successful resolution. Call (866) ATTY LAW or visit www.866ATTYLAW.com

]]> http://www.866attylaw.com/blog/what-to-do-after-a-ceiling-collapse-occurs/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/ New York State (NYS) Workers Compensation Lawsuits-Claim Guide by Injury Lawyer http://www.866attylaw.com/blog/new-york-state-nys-workers-compensation-lawsuits-claim-lawyer/ http://www.866attylaw.com/blog/new-york-state-nys-workers-compensation-lawsuits-claim-lawyer/#comments Wed, 22 Oct 2008 11:05:59 +0000 admin http://www.866attylaw.com/blog/?p=89 As per the U.S. Bureau of Labor Statistics, more than 4 million workers were injured on the job during 2005 and 5,700 workers lost their lives from work related injuries. New York State’s no-fault worker’s compensation program is meant to provide financial protection to workers hurt on the job and to provide them appropriate medical care.

NYS State law requires employers to purchase insurance in order to provide workers’ compensation benefits to his/her employees. This insurance covers payments for medical care and to replace lost wages. It also provides facility regarding medical treatment. However, denials are common while filing [...]]]> As per the U.S. Bureau of Labor Statistics, more than 4 million workers were injured on the job during 2005 and 5,700 workers lost their lives from work related injuries. New York State’s no-fault worker’s compensation program is meant to provide financial protection to workers hurt on the job and to provide them appropriate medical care.

NYS State law requires employers to purchase insurance in order to provide workers’ compensation benefits to his/her employees. This insurance covers payments for medical care and to replace lost wages. It also provides facility regarding medical treatment. However, denials are common while filing an injury claim. Your case is handled by a third party insurer (excluding State), which would be reluctant to pay for your injury claim.

Once your claim is denied/reduced or terminated, you are allowed to a hearing before a law judge. This is the most crucial aspect since other side will definitely hire a strong defense attorney to devoid you of your claim amount. If you get into a similar situation, you should immediately get in touch with your workers compensation lawyer who will represent your case and will help you receive justice and compensation.

Workers injury compensation claim does not remain restricted to injury claims resulting from an accident. Worker compensation can be filed in carpal tunnel syndrome, back problems, stress-related problems, mental health issues, heart attacks, illnesses or strokes which could be related to inferior health and safety services at your workplace. It can also include post-traumatic stress disorders and several others.

If you work for a covered New York employer then you are eligible for workers compensation benefits. It is the duty of your employer to insure safety of its employees and to provide them adequate medical help in case of an accident at workplace. Moreover, you would be eligible for workers compensation regardless of whether you are full-time, part-time, temporary, or any other undocumented worker.

In case you feel that you have been a victim of personal injury due to negligence by your employer, then you must get in touch with us at 1-866-ATTY-LAW. We will help you receive justice and compensation for y our injuries. We will help you receive various benefits such as: Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability, and other programs

Article Update by : New York City Workers Compensation Lawyer

Workers Compensation Legal Law Resources :

A Guide to Workers Compensation in New York
Major Provisions of the New York Employment, Safety and Security Act of 1996
Temporary Payments of Workers Compensation without Prejudice, New York State
New York State : Components of Workers’ Compensation Premium
Workers Compensation in New York City
Independent’ Medical Examinations & Workers Compensation in New York State
New York State Worker’s Compensation: Some Basic Sources

Visit New York Personal Injury 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

]]> http://www.866attylaw.com/blog/new-york-state-nys-workers-compensation-lawsuits-claim-lawyer/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.

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