Seeking Justice for a Lost Limb

It’s not a pretty statistic to think about, but one of the potential results of a serious injury accident is the amputation of a body part. This might “only” be a finger (or part of a finger), but it can also be far more serious and disabling: a hand, a foot, or all or part of an arm or leg.

Believe it or not, somewhere between 75,000 and 100,000 Americans suffer some kind of trauma that leads to an amputation every year, on top of a similar or larger number due to medical problems such as diabetes and cancer. Roughly one American in 190 has had an amputation of some kind. When an amputation is caused by the actions of another, the victim should seek appropriate restitution.

Workers Compensation and “Grave Injuries”

If a worker is injured on the job, workers compensation might help defray the medical costs and other expenses and losses when an amputation is involved. Under New York state law, an amputation can also qualify as a “grave injury,” which allows the injured worker to sue outside the workers comp system (although there are exceptions to the exception, which is why you should always discuss your case with a knowledgeable injury attorney).

Car Accidents and the “Serious Injury” Threshold

Similar to the New York workers comp statute, the no-fault auto insurance law here imposes a restriction on what kind of injury must have happened before a victim can sue. The loss of a body part meets this “serious injury” criteria and doesn’t impose the same kind of strict limits seen with workers comp. The law recognizes “dismemberment” as reason enough to label an injury “serious” and allow a personal injury claim to proceed outside the no-fault system.

Personal Injury Considerations

Fortunately, for personal injury cases not in the workers comp or auto insurance systems, there aren’t as many conditions to meet or hoops to jump through. Every case is, of course, unique, but if an accident has led to an amputation, the victim may be able to win compensation by proving that the person who caused the loss was at fault.

More Than Trauma at Issue

It’s obvious that someone else’s reckless or negligent behavior can be the foundation for a civil suit when a serious injury results. But a victim might have a case even when the amputation is not due to a traumatic injury. Even a diabetes amputee might have a claim. Did someone misdiagnose, fail to treat, or neglect a person, leading to a worsening condition that could only be addressed by amputation? Doctors recognize six steps in the progression of problems that eventually lead to a diabetic amputation, and medical professionals agree that each step is preventable. An amputation, even in someone with advanced diabetes, is only necessary after a series of avoidable circumstances has been allowed to unfold.

New York City Amputation Lawyer

When you’ve suffered an amputation, the circumstances may allow you to recover damages from the persons responsible. The team at Greenstein & Milbauer, LLP has experience helping victims of amputations, whether they’re the result of a car accident, a construction accident, or any other cause. Give us a call today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule a free appointment to discuss your case.

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New York Pedestrians Safer Than Ever?

There was good news earlier this year when the Mayor’s Office released data showing that in 2017 the city experienced the smallest number of pedestrian fatalities since it began keeping records on them, way back in 1910. Last year, a total of 214 people died in traffic crashes in New York City, 101 of them pedestrians. The year before, those numbers totaled 231, with 148 pedestrians.

Improvements Still Sought

The city credits the improvement to both the broad focus of its Vision Zero project, which aims to ultimately reach zero fatalities on city streets, and also on specific initiatives. In this case, many have credited the small change of leading pedestrian intervals with saving many pedestrian lives.

While the numbers are encouraging, it’s still disturbing to realize that more than one hundred of our fellow New Yorkers died last year simply while crossing the street or otherwise going about their business on foot.

Part of a National Problem

It’s true that we should keep the numbers in perspective: In terms of overall fatal accidents to people on foot, New York City is a hotspot that few others compare to. The National Highway Traffic Safety Administration reported that there were 5,987 pedestrian fatalities in the United States in 2016. New York City saw 148 pedestrian deaths that year, which means that more than one out of every forty pedestrian fatalities nationwide happened on the streets of the Big Apple.

Preliminary national data for 2017 estimate that the number of pedestrian fatalities was almost exactly that of the year before (New York’s share declined to only about one in sixty). But even more disturbing, pedestrian deaths are up 27 percent over the past decade, while other traffic deaths have declined.

Pedestrians Don’t Kill People . . .

People sometimes overlook the fact that pedestrians—or walking—aren’t the real problem. The problem is cars. No one ever died in a pedestrian-on-pedestrian collision.

In fact, at low speeds (under 20 mph), very few pedestrians are killed even in collisions with cars and trucks. The danger comes from drivers not looking out for others and often driving faster than they should. Increasing speed to just over 30 mph increases the pedestrian fatality rate to nearly 50 percent. The old cliché that speed kills turns out to be true.

New York City Pedestrian Accident Lawyer

We can’t focus only on fatalities: More than 1,000 New York City pedestrians are injured seriously enough to require medical treatment every month. These victims often have no recourse other than to sue the drivers who struck them in civil court.

If you’re a pedestrian who has been hurt in a collision with a motor vehicle, Greenstein & Milbauer, LLP may be able to help. Our experienced car accident attorneys have helped many of those harmed in crashes recover the damages they need to cover medical expenses, lost wages and income, and other costs related to the accident. Give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule a no-cost, no-obligation consultation to discuss your case.

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Defining and Understanding Premises Liability

Premises liability is an important part of civil law in New York State. However, what it actually covers is unfamiliar to most people, both those who own property (potential defendants) and those who use it (potential plaintiffs).

Here’s a very brief introduction to some of the most important concepts used in premises liability cases.

Premises and Liability

A premises is a legally defined area. It’s the land or the structures on it—or a combination thereof. It might cover a lot of ground, such as an entire shopping mall and its parking lots, or only a small amount, such as a single apartment or a small stretch of sidewalk.

It’s the area that someone is in legal control of. There’s no single strict definition, and determining what qualifies as the premises in question is sometimes an important part of a case.

Liability is the idea of legal responsibility. It includes the actions that a person takes and, just as important, the actions a person is required to take—but doesn’t.

These ideas come together in premises liability cases when a person is harmed while on another’s property. When that harm happens because the property owner (or other person responsible for the premises) either caused a dangerous condition or failed to correct a dangerous condition, then the victim can make a claim for compensation for the harm caused.

A Duty of Reasonable Care

The law in New York states that the person in control of a premises has a duty to keep it in a safe condition for those who use or visit that premises.

Following this idea, landlords need to keep common areas free of hazards; grocery store owners need to make sure that spills are cleaned from floors to prevent slip-and-falls; parking garage operators need to make sure that their facilities are well lit to deter crime and reduce injury; and businesses of all kinds need to clear snow and ice from their sidewalks to prevent conditions that could lead to injury.

Liability Not Unlimited

It might seem like these guidelines put an unreasonable burden on premises owners, but the law isn’t indifferent to reality. Liable defects can’t be trivial, nor can they be so obvious that any thinking person should have avoided them.

Premises owners also aren’t expected to fix conditions instantaneously, nor are they responsible for harm that happens in areas not publicly accessible: Trespassers are not usually covered. Owners also might be off the hook for conditions created by others without their knowledge.

New York Premises Liability Lawyers

Every premises liability case is unique. The location, the circumstances, the liability of the defendant, and the harm to the plaintiff are all different in every situation. That’s why when you’ve been injured because of someone else’s negligence, it’s important to work with a firm that understands all the ins and outs of premises liability law.

Whether your case involves a sidewalk, an elevator, an accident at a restaurant or a retail store, or an incident of landlord negligence, Greenstein & Milbauer, LLP has the experience you need. Call us today at 1-800-VICTIM2 (842-8462) or contact us online to schedule a free consultation to discuss your one-of-a-kind situation.

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Defining Wrongful Death in New York

What does the term “wrongful death” mean under New York state law, and who is eligible to file this kind of lawsuit? The answers to these questions are relatively straightforward, but as with most legal issues, there are details to be aware of that can complicate matters. If a claimant doesn’t pay attention to these details, even the strongest wrongful death claim can be scuttled before it has a chance.

 

“Wrongful Act, Neglect, or Default”

Those three terms are the actual wording in the statute, and they mean that there are three basic circumstances which allow for a wrongful death lawsuit. A wrongful act is possibly the most obvious: Someone takes an action that is intended to cause harm. This covers violent crimes against a victim which lead to death, such as robbery or assault, as well as murder or manslaughter. In addition to any criminal charges (and penalties, such as prison time) that the law might impose, the survivors of the victim can file a wrongful death suit.

Neglect and default cover a range of actions (or inaction) that led to harm the victim. These cover situations in which a person allowed a dangerous condition to continue to exist, such as, in an extreme hypothetical situation, a property owner knowing that a stairway was about to collapse but not fixing it and not warning users.

Default might include a person watching another walk onto that stairway and not telling him about the risk. Negligence is frequently a factor in wrongful death suits, but default is less common since it’s often difficult to prove.

 

Limitations on New York Wrongful Death Suits

Civil actions for wrongful death have restrictions. The most important might be that the victim must be survived by a family member or legal representative who can prove standing to recover for the wrong done. Distant relations might not be eligible. There’s also a two-year time limit to make a claim, with very few exceptions (one being that if there is also a criminal case, an extension might be allowed).

The damages that a victim’s survivors can collect are limited to purely economic losses. They can seek recovery of costs that can be calculated: funeral expenses, medical costs related to the death, lost wages and income, a value for services to the family by the deceased, and some other measurable amounts. But the survivors can’t claim damages for their pain and suffering from the loss of the victim, as they can in some other states.

However, New York law does allow recovery of damages for the pain and suffering of victims themselves, if that can be proven. One case last year awarded significant damages for exactly that reason.

 

New York Wrongful Death Lawyer

If you believe that the loss of a close family member was due to the wrongful act or negligence of another, a wrongful death claim may be in order. At Greenstein & Milbauer, LLP, our team of attorneys has extensive experience helping clients navigate the often complicated issues involved in their wrongful death cases. We offer every client a free, no-obligation consultation to discuss their case and help them understand the options available, so give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule yours.

 

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What to Do About a Broken Bone

Literally millions of Americans seek medical treatment every year for a broken bone (or fracture). This kind of injury is so common and covers so many causes and results that it’s difficult to say how many people are even affected: Estimates range from at least 6 million to well over 12 million in the United States.

There are also many possible causes of broken bones, including falls, sports injuries, car accidents, assault or abuse, and work-related injuries. Any person who experiences a fracture should receive medical treatment, but when the injury has been caused by the recklessness or negligence of another, it’s important that the victim also be able to recover damages for his or her injuries from whoever caused them.

Trivial to Life-Threatening

Just as broken bones can be caused by many different events, the type and severity of a fracture can vary tremendously. The human body has more than 200 bones, each of which can break in multiple ways. Different kinds of fractures need to be treated differently, and different fractures will heal in different ways and at different speeds. A minor fracture to a finger might require minimal treatment and not even slow a person down; on the other hand, a broken leg could put someone out of action for months, while a skull fracture could have potentially fatal consequences if not treated immediately.

Open fractures (in which there is an external wound and the bone is exposed) need special attention because they can become infected, but even closed fractures occasionally become infected and lead to additional complications. In some people, especially the elderly, having some types of fractures can even lead to increased mortality.

Hold Them Accountable

There’s no doubt that many injuries, including broken bones, are caused in whole or in part by the person who experiences them. But many other injuries are caused either by the negligence or the outright recklessness of others: Landlords leave unsafe conditions on their property, unmopped spills and uncleared snow lead to customers slipping and falling, drivers and passengers in cars are hurt when someone crashes into them. The examples are endless (including the recent case of a Brooklyn child who suffered two broken arms at school).

Whatever the specific cause, fractures can come with a high cost. Victims face medical treatment and rehabilitation costs and also lose mobility, which can mean lost wages and income. It’s important to hold accountable the individual or organization that caused the injury and have them reimburse the victim for all expenses.

New York Broken Bone Lawyer

When you or someone close to you has suffered a broken bone and needs to recover, contact the team at Greenstein & Milbauer, LLP. Whether the injury happened in car crash, a preventable fall at work, or was the result of abuse or neglect in a nursing home, our attorneys have experience with broken bone cases and can help. Give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to learn more or to schedule a free consultation to discuss your specific claim.

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New York SUM Insurance Changes in 2018

In December, Governor Cuomo signed a law that changes how SUM (supplemental uninsured/underinsured motorist) coverage is handled for drivers in New York State. Yet most drivers probably aren’t even aware of what SUM is or how it works, let alone what the changes mean for them.

Let’s take a quick look at SUM, the change that will take effect this year, and what it means for motorists in New York, especially as it might come into play in a lawsuit after a crash.

Protection Against Uninsured Drivers

The injury insurance New York drivers carry is meant to compensate others who are injured in a crash, not the insured driver, leaving a potentially dangerous gap in coverage: About 15 percent of New York drivers manage to skirt the law and drive without insurance, so a driver who does everything right can find himself seriously injured with no expectation of compensation.

All New York drivers are required to carry some uninsured motorist (UM) coverage. UM coverage gives protection to drivers who are harmed by others who don’t have proper coverage. Underinsured motorist coverage (UIM), which is optional, serves a similar purpose by allowing a driver’s own insurance to step in when they’ve been in a crash with a driver who doesn’t have enough coverage.

SUM coverage was launched in 1993 to improve UM and UIM coverage and give consumers a better safety net against uninsured and underinsured drivers. Its real purpose is to cover the expenses of injuries sustained by a driver and his or her passengers when the other driver doesn’t have the correct liability insurance.

How Does SUM Coverage Affect Personal Injury Claims?

SUM coverage still has coverage limits, but it’s generally affordable. There are some restrictions drivers need to be aware of, too, like the fact that a driver who accepts a settlement after an accident without their insurer’s approval can have their SUM coverage terminated with no payment.

Drivers who have been in a crash should, for their own protection, always work with an attorney who understands the laws and regulations to make sure that their rights are protected.

Opt Out, Not Opt In

SUM coverage has been around for more than twenty years, but the new law makes an important change: Drivers previously had to request SUM coverage, but now they will automatically receive it (and be billed for it) unless they opt out. Drivers can also choose to add more SUM coverage or take on less. They can expect to see a notice with all policy renewals beginning in June.

New York City Car Accident Lawyer

If you’ve been hurt in a car crash, talk to the experienced accident lawyers at Greenstein & Milbauer, LLP. We can help you develop the best case possible and reach the settlement you deserve. Call us today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule a free appointment to discuss your situation and learn more.

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Fatal Crash Raises Distraction, Licensing Issues

A crash in a Brooklyn neighborhood famous for its over-the-top Christmas displays left an eighty-nine-year-old woman dead last week. It also raised new concerns about the reliability of the vetting done by car services: The victim was a passenger in a hired car, and after the crash, it was discovered that the driver of the vehicle was operating on a suspended license.

Slammed at Intersection

The collision took place in the middle of the afternoon on December 17 in Dyker Heights. A passenger car slammed into another vehicle at the intersection of 81st Street and 11th Avenue; the struck car then crashed into another vehicle parked nearby.

The driver of the struck vehicle and both of her passengers, the victim and a second woman, were injured and taken to a nearby hospital. The driver and second passenger were not seriously hurt, but the elderly victim succumbed to her injuries.

According to reports, the driver who caused the crash told police that she first came to a complete stop but didn’t see the other vehicle until she was already accelerating into it.

Still Investigating

It was initially reported that the victim was in an Uber ride-hailing vehicle, but this was later clarified. The car was being used as a taxi-like service, but it was not an Uber. However, shortly after the crash, NYPD arrested the driver of the struck vehicle for operating on a suspended license.

Depending on the circumstances, that charge can lead to a fine and possible jail time. The driver who caused the crash has not been charged with any violation, but the crash was still being investigated.

Distraction an Issue?

The crash was publicized as happening in a section of the city renowned for its “Dyker Lights” holiday displays, which the local civic association says attracted around 100,000 visitors last year. However, there has been no indication that the lights were a factor in the crash (or how visible they even are from two blocks away).

At this time of year, public safety watchdogs often issue warnings about the fire danger that dry Christmas trees and poorly maintained Christmas lights can pose, and we also occasionally see reports of parking problems, as well as neighborhood disputes over displays that go too far.

Vehicles have crashed into displays before, and there was an incident last month of a pedestrian killed near a large display. But we haven’t heard of injuries or deaths related to distracted drivers at light displays—so far.

Brooklyn Car Accident Lawyer

Car crashes happen for all kinds of reasons: speeding, distractions, and drunk driving to name just a few. When you or someone close to you has been the victim of an accident, Greenstein & Milbauer, LLP can help, regardless of the circumstances.

Give our team of experienced motor vehicle accident attorneys a call today to schedule a free, no-obligation consultation to discuss your case. Call us at 1-800-VICTIM2 (842-8462) or complete the form below now for more information.

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