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Your Injuries are Serious – Challenge of Proving it!

The Challenge of Proving Your Injuries are Serious

Some of the most debilitating injuries can often be most difficult to observe with the naked eye Often, in the aftermath of an accident, as you take steps to move forward with your life, one of the biggest challenges is demonstrating to a judge and jury the serious nature of your injuries.. For example, back or neck trauma that limits your motor skills or limits your ability to stand, sit or lie down comfortably may be hard to show to a jury. While pain is something you feel, no one else can see your pain. They can only see the impact of your pain, in a grimace or the inability to put weight on an arm or leg. Even with injuries that have physical manifestations, such as burns or the loss of a limb, it can be hard to get other people to understand the full measure of your suffering.

To get full and fair compensation for the serious injuries you have suffered, you want an experienced personal injury lawyer who knows how to work effectively with expert witnesses, particularly medical specialists. Your attorney will want to systematically document the full extent of your injuries, as well as the impact that your injuries will have on every aspect of your life

  • Will you be able to return to your job without experiencing significant pain or discomfort?
  • Will you need physical therapy or rehab to learn how to perform many of the day-to-day tasks in your life?
  • Will you need ongoing medical care for months or years?
  • Will you need to retrofit your home or car to accommodate your injury?
  • Will your injury make it difficult or impossible to live without regular or constant pain?

You can expect that defense counsel will produce medical experts who will seek to diminish the seriousness of your injury. Consequently, it’s critical that your experts be highly credible, and that your attorney carefully introduce the medical evidence is ways that are understandable and compelling.

Sackstein, Sackstein & Lee, LLP offer free consultations and has offices in Flushing- Queens, Brooklyn, Garden City and Bronx. To contact us, call 888 519-6400.

Death From Prescription Errors in the United States

Thousands of people die in the United States every year because of Prescription Errors

If you have been injured or ill, and need to visit a doctor or go to the hospital, chances are pretty good you will be prescribed medication to deal with your condition. Unfortunately, mistakes are not uncommon when it comes to the administration of pharmaceutical products. A doctor or physician may make an error when writing the prescription, or a pharmacist may fill the prescription with the wrong drug. There can also be mistakes regarding prescribed dosages. In hospitals, clinics and doctor’s offices, where you must rely on someone else to administer the medication, many other errors can occur. Nurses or other caregivers may fail to properly screen you to determine allergies to medication. Hospitals may have poor systems in place, such that you get the wrong drug, get too much or too little, or are forgotten entirely.

A study published by the Institute of Medicine (IOM) in 2006 concluded that up to 7,000 people die in the United States every year because of medication errors, from adverse reactions to drugs to failure to obtain necessary medication. The study identified those drugs that most frequently result in injuries. Approximately 8 percent of drug errors involve Insulin, whereas more than 6 percent result from the use of anticoagulants. Aspirin, Ibuprofen and Acetaminophen are also high on the list.

If you have suffered needless injury because of the negligent administration of medication, you may have a claim for damages. You must show that the medical professional or organization had a duty to use a certain standard of care, and failed to do so. You must also show that the failure caused you injury.

At the law office of Sackstein, Sackstein & Lee, LLP we bring more than 60 years of experience to people who have suffered personal injury, including people who have been injured because of medication errors. We will help you seek damages for all your losses, including wages and income, medical expenses, loss of companionship or consortium, and physical pain and suffering. We handle all types of injury claims, from infections to paralysis to heart or vital organ damage. We also take wrongful death cases.
For a private meeting with an experienced New York personal injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is without cost or obligation.

New York Construction Accident Claims Under NY Labor Law 240

New York Labor Law 240

Sackstein, Sackstein & Lee, LLP, have won a $850,000 Settlement

The attorneys at Sackstein, Sackstein & Lee, LLP, have won an $850,000 settlement in a New York construction accident claim. The firm represented a construction worker who was climbing a straight ladder at a job site. As the laborer went up the ladder, he grabbed a two-by-four which was nailed to a plywood wall. The two-by-four came loose, causing him to lose his balance and fall a distance of seven feet. As a result of the fall, he suffered a lumbar fracture and lumbar disc herniations.

The lumbar vertebrae are the five largest and strongest vertebrae in your spine, making up your lower back. Lumbar fractures can often lead to chronic and debilitating pain, and those suffering lumbar fractures often need bracing for extended periods of time. A lumbar disc herniation, sometimes referred to as a slipped or ruptured disc, occurs when the jelly-like center of a disc is pushed against the outer ring. A lumbar disc herniation can also lead to chronic pain or discomfort, and can make it difficult a person to work in any capacity that requires lifting, pulling, twisting or bending.

Sackstein, Sackstein & Lee, LLP, provides comprehensive counsel to people who have suffered a construction accident injury, handling claims involving:

  • Labor Law 240 and 241 injuries, involving ladders or scaffolding & other worksite hazards
  • Injuries suffered from falling objects or debris
  • Injuries caused by the collapse of a building or structure
  • Injuries sustained because of malfunctioning equipment, tools or machinery
  • Construction vehicle accidents
  • Falls from buildings, platforms or beams

As a construction worker in New York, you are not limited to remedies under the workers’ compensation laws. You may file a third party claim against parties other than your employer, if their negligence or wrongful acts resulted in your injury. This can include owners or general contractors who have a duty to provide a safe workplace.

At Sackstein, Sackstein & Lee, LLP, we have aggressively protected the rights of construction accident injury victims since 1952. We understand the complexity of these cases, as well as the seriousness of most injuries sustained on a construction site. We use our skill, knowledge and considerable experience to help you get full and fair compensation for all your injuries, from lost wages and income to medical expenses to physical pain and suffering.

Who is responsible for Sidewalk Injuries in New York

Who is responsible for Sidewalk Injuries in New York

New York City is a city of walkers. Unfortunately for some, the sidewalks can be laden with unpleasant surprises that an unsuspecting pedestrian would not be able to anticipate. These include:

  • Uneven sidewalks
  • Obstructed sidewalks
  • Trapdoors in sidewalks including open trapdoors
  • Icy sidewalks or snowy sidewalks
  • Bricks or cobbles sticking out above the rest of the sidewalk
  • Cracked sidewalks
  • Sidewalks with holes in them
  • Broken manhole covers in sidewalks

The owners of property adjacent to sidewalks are charged with maintaining the sidewalks. The law says that the property owner must maintain the sidewalk in a timely manner. Not all property owners comply with the laws. When a dangerous sidewalk is not maintained, people can slip and fall and seriously injure themselves.

If you have suffered an injury as a result of a slippery, cracked, or otherwise dangerous condition on a sidewalk in Manhattan, Brookyln, Queens, or elsewhere throughout New York City or state, the law is on your side. You can seek compensation from the property owner at fault to pay for medical expenses and other accident-related damages.

Injured by a Sideawalk Trip and Fall? Contact Our Injury Attorneys in NYC

For more information about the law, the legal process or how we can help you get the compensation you deserve after an accident, schedule a free consultation with one of our experienced personal injury attorneys by calling us toll free at 888.519.6400 or, if you prefer, fill out our intake form, and we will contact you. Let our family fight to get your family the compensation you deserve.

Anthony Mackie, actor arrested for DWI in New York City

Actor Anthony Mackie was arrested early Saturday morning in New York City and charged with DWI. The 35-year-old actor was pulled over just after 1 a.m. on Lennox Avenue and 125th street for tinted windows. Officers said they then smelled alcohol on his breath and he was taken into custody and charged with DWI. Mackie is known for his roles in The Hurt Locker, 8 Mile, and Gangster Squad.

Driving While Intoxicated (DWI) is a crime and under New York law, penalties include the loss of driving privileges, fines, and a possible jail terms. DWI charges include the following:

  • DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication. For drivers of commercial motor vehicles, .04 BAC or other evidence of intoxication.
  • Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
  • DWAI/Alcohol: Driving While Ability Impaired (by alcohol); more than .05 BAC to .07 BAC, or other evidence of impairment. For drivers of commercial motor vehicles who are under age 21, .02 BAC or other evidence of impairment.
  • DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
  • DWAI/Combination: Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol.
  • Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
  • Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

Drunk Driving Defense requires an aggressive and experienced attorney on your side. Let one of the qualified attorneys at Sackstein Sackstein & Lee, LLP, find a solution to your legal problem if you, or someone you care about, has been arrested for DWI. Contact a New York Drunk Driving Defense Lawyer near you for a free consultation by calling 1.888.519.6400

Eastport hit and run kills young mother

Erika Strebel, 27, was driving her Jeep on Montauk Highway when it broke down. Police say she and a passenger, 26-year-old Ed Barton got out, and were standing near her vehicle when another car crashed into them. Strebel was killed and her passenger was injured. The driver fled Eastbound on Montauk Highway. Stebel leaves behind a 5-year-old son. Full article.

A hit-and-run simply means that you drive away after being involved in an accident without stopping to provide your information or reporting the incident as the law requires. Depending on the severity of the accident, there are misdemeanor and felony charges associated with a hit-and-run. The charges depend on the severity of the accident. If you have been hurt in an accident where the other driver fled the scene of the accident, you may be uncertain how to go about recovering full and fair compensation for your injuries. You want an experienced and aggressive attorney to help you get the recovery you need and deserve.

At Sackstein Sackstein & Lee, LLP, our lawyers have focused on the needs of personal injury victims in New York City and Long Island since 1952. We take a tough stance on behalf of our clients, using our vast experience, knowledge, skill and resources to help you recover damages for all your losses, from wages and income to medical expenses, and physical pain and suffering. We recognize that every situation is different and will take the time to carefully listen to the facts and circumstances of your case, so that we can identify all your options and help you achieve the result you deserve.

Cop shoots and kills pit bull who chomped owner’s leg in Bedford-Stuyvesant

A Brooklyn Police Officer shot and killed a pit bull after the dog bit into its owner’s leg and would not let go in Brooklyn. Police responded to the Bedford Stuyvesant home. When police arrived on the scene, the dog was latched to the owner’s thigh. Despite efforts, the police were unable to free the woman from the dog. The police officers were left no choice but to shoot the animal, as the safety of others were at risk. The owner of the dog, who was badly injured, was upset that her dog was killed. Full article.

New York courts have long recognized a cause of action that imposes strict liability on the owner for injuries inflicted by his dog if the victim can establish that the dog is vicious and that the owner knew or should have known about such vicious propensities. The state’s highest court ruled “that the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities. Vicious propensities include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation.” Bard v. Jahnke, 6 NY3d 592 (N.Y. 2006)

Contact Sackstein, Sackstein & Lee, LLP

For a free consultation with an experienced New York personal injury attorney, contact us online or call our office at in Garden City at 516-248-2234 or in Flushing, Queens, Brooklyn or Bronx at 718-539-3100. We can also be reached toll free at 888-519-6400. Our phones are answered 24 hours a day, seven days a week. We will come to the hospital or to your home to meet with you, if necessary. We have offices in Queens, Brooklyn, Bronx and Nassau counties.

Latinos make up majority of fatal falls at construction sites in NY

A study done by the Occupational Safety and Health Administration (OSHA), finds that Latino and immigrant workers are at a disproportionate risk of dying from construction-site accidents in New York. OSHA analyzed fatalities from falls at construction sites from 2003 to 2011. According to the findings, Latinos or immigrants made up 60 percent of the 136 fall-related fatalities in New York State and 74 percent in New York City. The two most dangerous boroughs to work in during the years studied were Queens and Brooklyn. In Queens 88 percent of those who died were Latinos or immigrants, and in Brooklyn 87 percent of those who fell were Latinos or immigrants. It is estimated that Latinos comprise only about 35 percent of all construction workers in New York City. Full article.

Construction, by its very nature, is an inherently hazardous field of work. To protect workers, strict safety rules and regulations must be implemented to ensure the safety of construction workers. When injured at a construction site, a worker may be eligible to receive compensation for pain, suffering, medical bills, lost wages and more. New York Courts have found building owners and general contractors liable for injuries suffered by construction workers who have fallen through hazardous openings at the worksite. New York Labor requires owners and general contractors to provide safe working conditions and a safe environment for their workers.

Contact a New York Construction Accident Lawyer Who Will Fight for You

If you, or a family member, have been involved in a construction accident in New York and would like more information about New York construction laws or would like to discuss your construction accident claim with an experienced personal injury attorney, please schedule a free consultation by calling us toll free at 888.519.6400, in Garden City at 516.248.2234, in Flushing-Queens at 718.539.3100, or if you prefer, fill out our intake form, and we will contact you. Let our family fight to get you and your family the compensation you deserve.

$2 + Billion Settlement Largest Single Drug Civil and Criminal Settlement in U.S. History

Johnson & Johnson is being held accountable under the false claims act for promoting three prescriptions drugs, Risperdol, Invega and Natrecord, in way that put the elderly, children and mentally ill at risk. Johnson & Johnson was accused of paying kickbacks to doctors and pharmacies to recommend and prescribe psychotropic drugs to the elderly. It has been an ongoing problem that psychotropic drugs are overused due to insufficient staff to care for the elderly. Many elderly patients in nursing home suffer from dementia and because many homes lack sufficient staff, these types of drugs are administered to the elderly, in a way that is unsafe. Full article.

With an aging population, nursing home negligence and abuse claims have become more prevalent in recent years. Nursing home negligence and abuse is difficult to uncover, because, often times, the patients are afraid to speak or incapable of speaking. Nursing home claims include patients suffering from bed sores, pressure sores, medication errors, assault, improper restraint, dehydration and starvation, falls, negligence, and abuse. It is important to look for signs of neglect or abuse such as sores and bruises, withdrawal or other changes in behavior.

Contact Our Nursing Home Lawyers at Sackstein Sackstein & Lee, LLP

For information about negligence laws in New York regarding nursing home neglect, or to discuss your claim with an experienced nursing home neglect and abuse attorney, please schedule a free consultation by calling us toll free at 888.519.6400, in Garden City at 516.248.2234, in Flushing-Queens at 718.539.3100 or, if you prefer, fill out our intake form, and we will contact you. Let our family fight to get your family the compensation you deserve.

Investigating a Dog or Animal Attack

It turns out that pint-sized pups like Chihuahuas and Shih Tsuhs are among the top five dog biting breeds in New York City. Pit bulls, however, are top dogs for biting. They recorded 3,609 bites in 2010, in data provided by the New York Health Department.

Small dogs are exposed to situations that may provoke them in the city. For example, dog owners often take these small dogs with them while shopping or running errands. The owners may enjoy the company, but not necessarily so, the hapless small dog. Dogs can get very aggressive in situations involving strangers.

A dog trainer noted that dogs don’t understand big or small. Rather, they act out of instinct, no matter how cute they are.

If you have been bitten, know that New York has a “dog bite” law, which makes the dog owner liable for the victim’s medical bills, whether a person or other animal has been attacked and injured.

It may be possible to recover additional compensation in the form of damages, including future medical costs and trauma-related damages, if you can prove that:

    1. The owner of the biting dog was negligent
    2. The dog’s owner knew that the dog in question had bitten other people or animals in the past
    3. The dog in question was off-leash or in a dog pack

Bitten by a Dog? NYC Personal Injury and Dog Bite Attorneys

If you or a loved one has suffered injuries because of a dog attack that was caused by negligence on the part of the dog owner, the personal injury attorneys at Sackstein Sackstein & Lee, LLP law firm can help. We will explain New York’s dog bite law and dangerous dog regulations and pursue compensation to help pay for medical bills and other damages.

With offices throughout the New York City metro area and Long Island, we have been helping accident victims for more than 60 years. To schedule an initial, private meeting, call 888-519-6400, or 718-539-3100 in Brooklyn and the Bronx, or 516-248-2234 in Nassau County and Garden City.