Have You Suffered from a Catastrophic Injury?
by cjleclaire
 Law Office of David R.Lewis & Associates
Nov 16, 2018 | 523 views | 0 0 comments | 31 31 recommendations | email to a friend | print | permalink

Why Is Legal Help Vital for Catastrophic Injuries?

People who suffer from catastrophic injuries are typically saddled with exorbitant medical costs, lost income and other financial hardships. However, if someone else was at fault for causing your injury, you may have legal grounds to recover compensation.

What is a catastrophic injury?

Catastrophic injury means “consequences of an injury that permanently prevent an individual from performing any gainful work.”(42 USCS § 3796b)

Such injuries are extremely severe. They often result in long-lasting medical conditions that require multiple surgeries, rehabilitation and other long-term treatment. The disability is permanent and in some cases also results in a shorter life expectancy. Aside from financial hardship, the emotional impact can be overwhelming.

What are some examples of catastrophic injuries?

Examples of catastrophic injuries often include:

* Burn injuries. Burn injuries can disrupt the proper functioning of other bodily systems. They can also result in severe disfigurement or scarring.

* Traumatic brain injury. A traumatic brain injury can significantly alter an individual’s quality of life, resulting in speech difficulties, impaired cognitive functioning or even partial or complete paralysis. The victim may end up in a coma for long periods of time or suffer permanent brain damage.

* Spinal cord injuries. Spinal cord injuries can cause partial paralysis (paraplegia, which is paralysis from the waist down) or complete paralysis (quadriplegia, which is paralysis from the neck down).

* Neck injury. Spinal fracture or herniated discs can result in extreme pain and make it difficult to hold a job or function normally.

* Back injury. Back injuries that affect the spinal cord or nervous system can result in loss of bowel control or bladder control. It can also cause impotence.

* Amputations. Accidental loss of limb or severe injury that makes amputation necessary leaves a person in a disabled state.

* Eye injury. Partial or complete blindness due to injury is life changing and can be incapacitating.

* Organ damage. Impact during an accident can injure internal organs, such as the spleen, liver, kidneys, liver, pancreas, colon and bladder. Depending on the extent of damage, it can impair the functioning of a number of bodily systems, diminish quality of life and in some cases eventually result in death.

Have you suffered from a catastrophic injury?

When your injuries are catastrophic and you believe another party was at fault, consult with an attorney as soon as possible and find out about your legal rights to recover compensation. The Law Offices of David R. Lewis offers a free consultation to discuss your injury and determine the prospects of suing for damages.

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Bronx Hit and Run Accidents Result in Serious Injury and Death
by cjleclaire
 Sackstein Sackstein & Lee, LLP
Nov 16, 2018 | 363 views | 0 0 comments | 15 15 recommendations | email to a friend | print | permalink

Hit and run Accidents Are Common in the Bronx

In September of 2018, major media networks reported three fatal hit-and-run accidents in the Bronx:

  • September 3. A car near the intersection of the Cross Bronx Expressway and Rosedale Avenue in Parkchester hit a 66-year-old man around 2:30 a.m. The driver fled from the scene. The man was lying on the ground and other three other cars struck him as well. All three drivers remained at the scene and the police arrested two of them for driving with suspended licenses. (New York Post)
  • September 25. A pedestrian, identified as Yun Ko of Queens was struck in a hit and run accident. The victim was a 62-year-old male. After being discovered, he was rushed to the hospital where was pronounced dead. (Eyewitness News ABC)
  • September 30. A BMW driver caused a three-car collision in the Bronx and then afterward fled on foot to a cemetery close by. The BMW driver was traveling southbound on Jerome Avenue and crossed over the double lines into the northbound lane. His car sideswiped a Honda SUV that a 70-year-old woman was driving. He accelerated, still heading northbound and hit a Toyota, which flipped and entered the path of another Honda SUV driver, a 59-year-old woman, and the Toyota smashed into the passenger door. A 59-year-old man died in the crash. Police arrested the BMW driver for leaving the scene of an accident resulting in death, criminal possession of a controlled substance and unlicensed operation of a motor vehicle. (New York Daily News and NBC New York)

A hit and run accident is an accident where a driver involved in the collision knowingly fails to stop and provide information: name, driver’s license number, etc. to the injured party, a witness or law enforcement officers or if unable to stop fails to report the accident to authorities as soon as possible.

Under New York law it is illegal to leave the scene of an accident where serious injury or death has occurred.

In many instances, the driver fleeing an accident scene is also at fault for causing the accident.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss serious injury or death of a loved one in hit and run accidents.

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Recent Hit and Run Accidents that Occurred in Queens, New York
by cjleclaire
 Sackstein Sackstein & Lee, LLP
Nov 16, 2018 | 387 views | 0 0 comments | 26 26 recommendations | email to a friend | print | permalink

Why Hit and Run Accidents Can Be So Devastating

A hit and run accident leaves the injured victim abandoned at the scene of the accident. While any serious car accident is a traumatic experience, being left without anyone to render assistance can make you feel helpless. In many cases, severely injured victims are unconscious and unable to move their cars or otherwise get off the road. The inability to move to a safe location can leave them open to further injury. Vehicles, pedestrians or bicyclists who are left vulnerable are often subject to further impact by other cars.

Traumatic Hit and Run Accidents that Occurred in Queens over the Past Few Months

Unfortunately, a number of hit and run accidents occur in Queens every year and are reported by the media. Several recent hit and run accidents in Queens include:

  • August 14, 2018. A driver’s car hit an 11-year-old boy on August 14, 2018, and the accident was caught on video. The boy was riding a bike and had just turned the corner at the intersection of Healy Avenue and Dickens Street in Queens when the car slammed into him causing him to fly high up into the air and land on the pavement. Police located the vehicle based on its make, year and shattered windshield and then arrested the driver and charged him with leaving the scene of an accident and reckless endangerment. The child was hospitalized and was expected to recover. The accident occurred on his 11th birthday. (reported by CBS New York)
  • September 28, 2018. Law enforcement is searching for a driver that struck a 70-year-old woman. The driver fled the scene of the accident on Sept 28. The accident occurred at Linden Boulevard and 169th Street around 7:00 a.m. as the woman was attempting to cross the intersection outside of a crosswalk. She suffered head trauma and hip trauma as a result of the accident and was pronounced dead after arriving at Jamaica Hospital. [reported by Jamaica, Queens ABC 7 (WABC)]

If you or a loved one has been injured or a loved one has died as a result of a hit and run accident, seek legal counsel as soon as possible. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss the injury and legal options that are available.

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Proving That Your Injury Was Work-Related
by cjleclaire
 Pyrros Serres
Nov 16, 2018 | 400 views | 0 0 comments | 23 23 recommendations | email to a friend | print | permalink

New York City | Bronx | Brooklyn | Queens Workers’ Compensation Lawyers

In the aftermath of a work-related injury, one of the first things you’ll likely do is file a workers’ compensation claim, seeking benefits for any time period during which your injury prevents you from working. Under the rules governing New York workers’ compensation claims, you can qualify for benefits if you suffered an injury while in the course of your employment. One of the ways that your employer or the workers’ compensation insurance company will typically try to challenge your claim is by alleging that your injury was not sustained on the job. Here are some arguments to watch out for when you’ve filed a workers’ compensation claim:

  • Your employer attempts to deny your claim because “there were no witnesses, so you can’t prove that it was work-related”—While it’s helpful to have an eyewitness to your injury, it’s not a requirement. Cases are often successfully made with circumstantial evidence.
  • Your employer contends that you are not eligible for workers’ compensation because the injury occurred while you were on a break –If you were still on company property, you’ll typically be eligible for workers’ compensation for any injury suffered, whether in a break room or even outside on company premises. If you leave company property during a break, you lose the right to recover workers’ compensation for injuries suffered, unless you were completing a word-related task at the time.
  • Your employer denies a claim for injuries suffered on a company social function—Company social functions are considered to be work-related for purposes of workers’ compensation.

Proving That Your Injury Was Work-Related

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

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Employment Ad Discrimination: Where to Draw the Lines
by cjleclaire
 Stephen Hans Blog
Nov 16, 2018 | 383 views | 0 0 comments | 27 27 recommendations | email to a friend | print | permalink

Facebook Faces Allegations of Job Ads that Discriminate Against Women

When an employer creates an ad that excludes a protected class, grounds often exist for a discrimination lawsuit. For example, when writing most employment ads, it is illegal for employers to exclude applicants based on age or race.

According to a New York Times article, the American Civil Liberties Union (ACLU) and the Communications Workers of America (CWA) filed charges with the EEOC on behalf of female workers against nine employers and Facebook.

Why Was Facebook Included in the Lawsuit?

Facebook provides targeting technology for ads. It can target particular demographics and when an employer is placing an ad, Facebook asks the employer to indicate gender — that is to say, should the ad go to males only, females only or all. Facebook uses algorithms to match an ad with a specific subgroup.

The attorneys bringing the case are arguing that having employer specify male or female is discriminatory and illegal when it applies to jobs that either sex can do. Facebook differs from newspapers with classic ad submission where the content of the ad is simply printed and goes out to anyone who purchases the newspaper.

Employers’ Defense

In the past, Facebook has used the Communications Decency Act as its strongest defense against such accusations. The Communications Decency Act is a federal law that shields internet companies against liability for content generated by third parties.

The lawyers bringing the lawsuit argue that in this situation, employers are using the Facebook platform to be selective in the creation or development of the unlawful content. The interface enables employers to selectively exclude women from jobs that they could potentially also do.

Federal law also prohibits recruiting agencies from discriminating through advertising campaigns that exclude job candidates based on gender and other protected classes (age, disability, race, ethnicity, military status, etc.) State laws also forbid such agencies from aiding in discrimination.

While Facebook does not promote itself as a recruiting agency, many employers use it for recruitment and as a means to reach potential job candidates through ads. Facebook finds itself in a unique position when a group of men receive ads simply because they are men and often because they are men of a certain again and geographical area.

From a legal standpoint, internet technology like Facebook uses is still subject to case precedents, which will decide whether selecting “male only” is legal or not for recruitment ads and which parties are liable.

Our attorneys at Stephen Hans & Associates are glad to discuss employment issues and help business owners create discrimination-free work environments.

 

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