LATEST NEWS
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 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
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 pride ourselves at the level of access offered to our clients. We call our clients at least 1x per month. We also communicate on a daily basis via email, text messaging, and other means. The principal attorney, Arkady Frekhtman, even has his cell phone on the homepage of his
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 but rather “whether the harm flows directly from the application of the force of gravity to the object.” Ibid. In Runner, the plaintiff was injured while transporting a large wire wheel down a flight of stairs. As the wheel descended the injured worker was pulled into a metal bar injuring
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 Nursing Home or other health care facility for deprivation of a patient’s rights.
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 of serious injury. However, many of the categories are ill defined and open to numerous interpretations allowing some judges to dismiss claims while other judges uphold similar if not identical claims. Furthermore, even if a client has sustained a serious injury, including knee surgery for example, a court may
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 to fall striking the plaintiff who was standing behind the tractor trailer. The case was brought in Federal Court for serious personal injuries and pain and suffering to the worker. At a court ordered mediation before the Magistrate judge, the case was settled for a total of $650,000.00. Frekhtman &