Proposal to amend the law is pending - https://open.nysenate.gov/legislation/bill/S7518 - Senate version https://open.nysenate.gov/legislation/api/html/bill/A10739 - Assembly version...
Continue readingA brain injury is a life-changing and devastating event for those injured, as well as their family and friends. According to the New York Department of Health, nearly 400 cases of traumatic brain injury occur each day in the State of New York. What’s more, there are more than 2,000 deaths, 19,000 hospitalizations, and over 112,000 emergency department visits amount residents in New York each year due to this severe damage. Traumatic brain injuries often occur in car accidents, trip and falls, construction accidents, and other severe and catastrophic accidents. This injury can be caused by a trauma that results in...
Continue readingA 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...
Continue readingStatistics 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...
Continue readingOften 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...
Continue readingToyota 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...
Continue readingIf 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...
Continue readingIf 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...
Continue readingRecently, 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...
Continue readingAn 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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