Personal Injury Lawyer - 866ATTYLAW http://www.866attylaw.com/blog New York Personal Injury Lawyer Blog Mon, 08 Mar 2010 07:54:11 +0000 http://wordpress.org/?v=2.5.1 en Use of Cell Phone while Driving Causes 1 out of every 4 accidents http://www.866attylaw.com/blog/use-of-cell-phone-while-driving-causes-1-out-of-every-4-accidents/ http://www.866attylaw.com/blog/use-of-cell-phone-while-driving-causes-1-out-of-every-4-accidents/#comments Thu, 04 Mar 2010 00:11:02 +0000 admin http://www.866attylaw.com/blog/?p=124 Statistics show that 1 out of every 4 motor vehicle accidents involve a driver who was speaking on a cell phone, texting, or otherwise distracted by a cell phone. This includes those who use the hands free ear pieces. Many states including New York have banned the use of cell phones while driving and are issuing tickets and fines. However, the problems continue. Recent studies have found that driving while texting or speaking on a handheld cell phone increases your odds of getting in an accident equally to being intoxicated with a blood alcohol content of .08

]]> Statistics show that 1 out of every 4 motor vehicle accidents involve a driver who was speaking on a cell phone, texting, or otherwise distracted by a cell phone. This includes those who use the hands free ear pieces. Many states including New York have banned the use of cell phones while driving and are issuing tickets and fines. However, the problems continue. Recent studies have found that driving while texting or speaking on a handheld cell phone increases your odds of getting in an accident equally to being intoxicated with a blood alcohol content of .08

]]> http://www.866attylaw.com/blog/use-of-cell-phone-while-driving-causes-1-out-of-every-4-accidents/feed/ New Yorker killed in Truck Accident on I-95 http://www.866attylaw.com/blog/new-yorker-killed-in-truck-accident-on-i-95/ http://www.866attylaw.com/blog/new-yorker-killed-in-truck-accident-on-i-95/#comments Thu, 04 Mar 2010 00:06:22 +0000 admin http://www.866attylaw.com/blog/?p=123 A New Yorker from Queens was involved in a car crash with a tractor trailer or 18 wheeler on Tuesday March 2nd, 2010 on I-95 near Stamford, Connecticut. The 29 year old individual, Xiao Yuan Huang, was killed when his car was rear ended by the tractor trailer.

The force of the impact sent the Toyota mini van flying into the guardrail of the northbound lane of the I-95 highway. Mr. Huang had to be extracted from the vehicle and was rushed to a local hospital where attempts to save his life proved futile. The driver of the tractor trailer [...]]]> A New Yorker from Queens was involved in a car crash with a tractor trailer or 18 wheeler on Tuesday March 2nd, 2010 on I-95 near Stamford, Connecticut. The 29 year old individual, Xiao Yuan Huang, was killed when his car was rear ended by the tractor trailer.

The force of the impact sent the Toyota mini van flying into the guardrail of the northbound lane of the I-95 highway. Mr. Huang had to be extracted from the vehicle and was rushed to a local hospital where attempts to save his life proved futile. The driver of the tractor trailer claimed he attempted to avoid the minivan but was unable to do so. Police are still investigating and specifics and details are still coming in.

]]> http://www.866attylaw.com/blog/new-yorker-killed-in-truck-accident-on-i-95/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/ NYCTA ordered to pay $7.5m jury verdict http://www.866attylaw.com/blog/nycta-ordered-to-pay-75m-jury-verdict/ http://www.866attylaw.com/blog/nycta-ordered-to-pay-75m-jury-verdict/#comments Tue, 02 Mar 2010 19:14:49 +0000 admin http://www.866attylaw.com/blog/?p=120 Two women were riding in a motor vehicle in Brooklyn when a New York City Transit Authority bus disregarded a red light and collided into their car.

At trial, a jury found the NYCTA liable and awarded one woman $7.25 million and the other $250,000.

NYC Transit plans to appeal the verdict.

]]> Two women were riding in a motor vehicle in Brooklyn when a New York City Transit Authority bus disregarded a red light and collided into their car.

At trial, a jury found the NYCTA liable and awarded one woman $7.25 million and the other $250,000.

NYC Transit plans to appeal the verdict.

]]> http://www.866attylaw.com/blog/nycta-ordered-to-pay-75m-jury-verdict/feed/ Toyota Recall - Hearings before Congress attempt to determine if Toyota knew of defects and yet took no remedial action http://www.866attylaw.com/blog/toyota-recall-hearings-before-congress-attempt-to-determine-if-toyota-knew-of-defects-before/ http://www.866attylaw.com/blog/toyota-recall-hearings-before-congress-attempt-to-determine-if-toyota-knew-of-defects-before/#comments Tue, 02 Mar 2010 18:20:47 +0000 admin http://www.866attylaw.com/blog/?p=119 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 [...]]]> 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 and personal injury lawsuits are being investigation along with a criminal probe by federal prosecutors, an investigation by the Securities and Exchange Commission (SEC) and from the U.S. Transportation Department.

The National Highway Traffic Safety Administration, a branch of the Transportation Department, is demanding evidence and records to find out if electronic components were the cause of the automobile problems.

]]> http://www.866attylaw.com/blog/toyota-recall-hearings-before-congress-attempt-to-determine-if-toyota-knew-of-defects-before/feed/ Teenager killed due to fall into uncovered hole at Dunkin Donuts http://www.866attylaw.com/blog/teenager-killed-due-to-fall-into-uncovered-hole-at-dunkin-donuts/ http://www.866attylaw.com/blog/teenager-killed-due-to-fall-into-uncovered-hole-at-dunkin-donuts/#comments Tue, 02 Mar 2010 16:41:22 +0000 admin http://www.866attylaw.com/blog/?p=118 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.

]]> 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.

]]> http://www.866attylaw.com/blog/teenager-killed-due-to-fall-into-uncovered-hole-at-dunkin-donuts/feed/ Frekhtman & Associates win $550,000 jury verdict in a slip & fall case due to ice on a sidewalk http://www.866attylaw.com/blog/frekhtman-associates-win-550000-jury-verdict-in-a-slip-fall-case-due-to-ice-on-a-sidewalk/ http://www.866attylaw.com/blog/frekhtman-associates-win-550000-jury-verdict-in-a-slip-fall-case-due-to-ice-on-a-sidewalk/#comments Mon, 01 Mar 2010 16:53:08 +0000 admin http://www.866attylaw.com/blog/?p=117 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 [...]]]> 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 & Associates hired a weather expert, an engineer, and other experts for trial. They prepared steadfastly and received a 100% liability verdict in Queens Civil Court against the landlord for failing to throw down salt, clean the ice, or otherwise take any action.  Weather records showed that at least 2-3 days passed from the last time it snowed in that area.  Following the liability verdict, a damages trial ensued where an orthopedic medical doctor testified about the injuries plaintiff sustained including her diagnosis and future prognosis. After completion of the damages trial, the plaintiff was awarded a total sum of $550,000.00.

Frekhtman & Associates is a New York City personal injury law firm with trial attorneys specializing in all types of accident and injury cases including premises, slip & fall, ceiling collapses, construction accidents, burn injuries, brain injurie, motor vehicle accidents, truck accidents, and medical malpractice. (866) ATTY LAW or www.866attylaw.com

]]> http://www.866attylaw.com/blog/frekhtman-associates-win-550000-jury-verdict-in-a-slip-fall-case-due-to-ice-on-a-sidewalk/feed/ Overview of Construction Accidents in NY http://www.866attylaw.com/blog/overview-of-construction-accidents-in-ny/ http://www.866attylaw.com/blog/overview-of-construction-accidents-in-ny/#comments Fri, 26 Feb 2010 15:12:14 +0000 admin http://www.866attylaw.com/blog/?p=114 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 [...]]]> 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 properly secured with side safety rails. Scaffolding must also be constructed to bear certain weight requirements. Where a scaffold was not properly secured, erected, or outfitted, the general contractor, landlord and or their agent(s) are responsible as a matter of law.

Labor Law Section 241 (6) imposes safety rules on contractors, landlords and their agents who engage in construction, demolition or excavation work.

It is crucial to a full investigation immediately. Due to the nature of construction in a busy City, everything changes in a New York minute. Workers are moved to other sites. Some workers may be undocumented or illegal. An attorney must take photographs, send experts including construction safety specialists, and involve governmental agencies such as OSHA or the New York City Buildings Department among others.

Contact the New York Construction Accident Lawyers at Frekhtman & Associates, www.866attylaw.com or (866) ATTY LAW. Offices in the Bronx, Brooklyn, and Manhattan.

]]> http://www.866attylaw.com/blog/overview-of-construction-accidents-in-ny/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/ Frekhtman & Associates, New York Accident Lawyers, settle car accident case for $100,000.00 http://www.866attylaw.com/blog/frekhtman-associates-new-york-accident-lawyers-settle-car-accident-case-for-10000000/ http://www.866attylaw.com/blog/frekhtman-associates-new-york-accident-lawyers-settle-car-accident-case-for-10000000/#comments Thu, 25 Feb 2010 22:17:22 +0000 admin http://www.866attylaw.com/blog/?p=112 The trial lawyers at Frekhtman & Associates recently scored a major victory by settling a car accident case for $100,000.00. Although the amount is not extraordinarily high, it is a significant result in light of the injuries sustained by the client and the current New York No Fault serious injury threshold law or Insurance Law 5102(d).  The client sustained bulging discs to his cervical spine after the accident and had about 3 months of treatment.  Usually such cases can be dismissed for lack of serious injury or failure to meet the minimal threshold needed under NY law. In this case [...]]]> The trial lawyers at Frekhtman & Associates recently scored a major victory by settling a car accident case for $100,000.00. Although the amount is not extraordinarily high, it is a significant result in light of the injuries sustained by the client and the current New York No Fault serious injury threshold law or Insurance Law 5102(d).  The client sustained bulging discs to his cervical spine after the accident and had about 3 months of treatment.  Usually such cases can be dismissed for lack of serious injury or failure to meet the minimal threshold needed under NY law. In this case however, the trial attorney was able to prove a serious injury by gathering competent medical evidence from all of the patient’s treating doctors and writing a strong brief on the issue. He then prepared the case for trial, selected a jury in Supreme Court Kings County, and then settled the action for $100,000.00.

If you or a loved one suffered an injury in a car accident, contact the lawyers at Frekhtman & Associates for a free confidential consultation. (866) ATTY LAW or www.866attylaw.com

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