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Author: Frekhtman & Associates

Use of Cell Phone while Driving Causes 1 out of every 4 accidents

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...

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New York Personal Injury Lawyers explain High Low agreements

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...

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Toyota Recall – Hearings before Congress attempt to determine if Toyota knew of defects and yet took no remedial action

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...

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What to do if you fall on snow or ice

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...

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Why it is important to keep in contact with your lawyer

If you have been injured, it is vital to keep in touch with your attorney. An attorney is your representative who is handling all aspects of your personal injury claim. He or she must be "in the loop" and get constant updates on your medical treatment and other important facts.  In New York, a personal injury case filed in Court may take from 6 months to 2 years or more to resolve. During that time, you need to be in touch with your lawyer and your lawyer should be proactive and be in touch with you! At Frekhtman & Associates, we...

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

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...

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Nursing Home Abuse Case resolved by Frekhtman & Associates

An elderly man who was a patient in a nursing home in Brooklyn, New York filed a lawsuit against the nursing home for failing to properly treat and care for him.  Due to the nursing home's negligence, the man sustained serious bed sores also known as decubitis ulcers. He needed surgery to debride the bed sores.  The New York medical malpractice lawyers at Frekhtman & Associates filed a lawsuit against the nursing home and settled the case while awaiting trial. The case was resolved for $325,000.00. New York's Public Health Law 2801(d) allows a private cause of action against a...

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NY Lobby Day planned for April 20th, 2010

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...

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Truck Accident Case settled in Federal Court by Frekhtman & Associates, Attorneys at Law

The plaintiff was a warehouse workers who was assisting a large truck hooked to a tractor trailer that was backing up into a loading dock. The tractor trailer reversed into the loading dock improperly at a diagnol. The plaintiff banged on the side of the truck and yelled out to the driver to stop. The driver pushed the gas and moved his vehicle forward. This caused the rear tractor trailer door which was open at the time to catch on the side gate of the warehouse facility. The impact ripped the tractor trailer door off its hinges and caused it...

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Frekhtman & Associates open new Bronx office !

The Brooklyn and Manhattan based New York accident and injury law firm opened a Bronx office in late 2009. The office is located at 653 East 189th Street just around the corner from the Department of Motor Vehicles (DMV) building. It is near Fordham University and the Bronx Zoo. The new location is staffed with Spanish speaking secretaries and has one attorney on staff at all times. In the last few months, the firm has seen a number of new clients in this office and looks forward to helping individuals in the Bronx, New York. ...

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