Injuries Sustained in a Boating Accident

New York Harbor is the third busiest in ferry traffic in the entire world. In early 2013, a Seastreak ferry on its way to the East River Pier in lower Manhattan crashed. Dozens of the more than 300 commuters were injured. The catamaran vessel evidently did not slow down to a proper speed on its approach to Pier 11 at Wall Street, and thus rammed into a floating dock.

Seventy-three passengers and one crew member were taken to hospitals in the area. Nearly 65,000 commuters use ferries such as the one that crashed to get into lower Manhattan. Fortunately, New York Harbor is also one of the safest in the world.

Boating Crashes in New York’s Waterways

Boating accidents can cause serious injuries – and most of them are preventable. Yet with much of New York City is surrounded by waterways, there are many types of vessels on the waterways, including barges, cruise ships, and ferries, as well as jet skis, powerboats, pleasure yachts, and other vessels across the rivers of New York.

Recklessness is the primary reason for boating accidents and serious injury. People are generally on the waters for pleasure, and they do not appreciate the dangers of boating. In some instances, people who are captaining boats are not following normal safety rules. For example, they may be drinking and driving. The majority of boating crashes are alcohol-related.

Sometimes, a vessel operator may be operating a boat in the dark, so they cannot actually see what’s in front of them or to either side, a recipe for disaster. Other times, they may not be adequately trained to actually steer a boat or ride on a jet ski. Falling under the motor of a jet ski can result in serious injuries.

Two-Thirds of Boating Deaths by Drowning

Another reason that boating injuries can be serious is because boaters do not have seatbelts, so they can be easily thrown from a boat if there is a crash. Without a flotation device or other protection, they can be rendered unconscious and drown. Drowning causes about two-thirds of boating deaths.

If you or a loved one has been injured in a boating accident, whether it be a ferry crash or a jet ski accident, it is important to investigate the cause of the crash as quickly as possible, before evidence can disappear. It may be necessary to track down witnesses, work with boating accident experts and accident reconstructionists to determine exactly what did happen to cause the boating accident.

Were You or a Loved One Injured in a Boating Accident? NYC Personal Injury and Wrongful Death Attorneys

If you or a loved one has suffered serious injuries from an accident caused in a boating crash that was not your fault, speak with a personal injury attorney experienced in protecting the rights of boat accident victims.

The personal injury attorneys at Sackstein Sackstein & Lee, LLP can answer your questions and help you navigate a personal injury claim. 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.

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What Are My Rights If the Other Driver Fled the Accident Scene? New York

New York State traffic law requires drivers who have been in a car crash to report the accident to the police. If the driver who struck you left the scene of the accident, he or she can be potentially charged with a hit and run. In the tragic NYC car crash case recently in the news, Julio Acevedo, left the scene of an accident that ended the lives of three innocent people: a rabbinical student, his pregnant wife, and their baby. He was caught and indicted for second-degree manslaughter in March 2013.

Drivers Who Flee Crash Scenes Pay the Price

Drivers who flee accident scenes can be facing any number of criminal charges, depending on the severity of the crash and the injuries of the accident victims, and whether there was alcohol impaired driving. For example, in the DC area recently, a young man, Kevin Coffay, crashed his car and fled the scene, leaving three friends dying or dead. He was caught and brought to trial.

Twenty-years-old at the time of his sentencing, he is now facing 20 years in prison. At the time of sentencing, the father of one of the victims sent a note that said, “I didn’t protect Haeley (his daughter),” and that he didn’t attend the hearing because “I don’t want to give Kevin the opportunity to unburden himself with an apology…. [this is a time…] when sorry isn’t enough.”

You Are Covered With Uninsured Motorists Coverage

If you have suffered injuries or if you have damage to your car or other property, and there is no way to track down the other driver, you will likely be covered under your own uninsured motorist coverage. It is imperative to report the accident to the police as well as to your insurance company. If possible, get the names and contact information of all witnesses, and take photographs of the crash scene.

If the police find the hit-and-run driver, he or she will likely be arrested and charged with a crime. If the crash was not your fault and was caused by negligence or carelessness on the part of the other driver, you will not be penalized by your own insurance for the crash. This means that you may not expect your own insurance rates to rise.

Questions About an Accident In Which Driver Fled the Crash Scene?

The personal injury attorneys at Sackstein Sackstein & Lee, LLP can help you understand your rights and pursue appropriate recovery. 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 with an experienced, caring attorney, call 888-519-6400, or 718-539-3100 in Brooklyn and the Bronx, or 516-248-2234 in Nassau County and Garden City.

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What is the difference between wrongful death and medical malpractice?

People can sometimes confuse medical malpractice with wrongful death.

Medical malpractice in NY occurs when a practitioner or a healthcare facility use inappropriate medical measures that result in an injury. However, medical malpractice does not necessarily result in death.

A wrongful death in New York can be any death that occurred because of negligence or recklessness from:

  • Vehicle accidents
  • Defective products
  • Fires
  • Airplane accidents
  • Train, bus or other public transportation accidents
  • Law enforcement actions taken against individuals
  • Medical malpractice

Medical Malpractice and Wrongful Death

A NY medical malpractice case can be difficult to prove. Especially when the death certificate and the autopsy do not show a clear connection to the injury or death. So, retaining an experienced medical malpractice attorney is highly recommended if you are considering filing a medical malpractice claim.

To prove a medical malpractice case you must show that:

  • The doctors and staff did not provide an adequate standard of care
  • The failure of medical team to provide the standard of care caused the patient’s injuries
  • You or your loved one sustained damages because of the injuries

A NY wrongful death can be the result of many types of negligence or recklessness, including but not limited to medical malpractice. Both businesses and individuals can be held legally responsible for wrongful deaths from hit and run drivers to manufacturers of dangerous or defective products.

Getting Full and Fair Compensation for Your Loss

Losing a loved one in a sudden death can be utterly devastating. However, if you have lost a family member due to legal negligence or recklessness, consult with an experienced NY wrongful death attorney immediately. Insurance companies are anxious to move quickly when potential wrongful death claims arise and without a skilled attorney protecting your rights you could lose your right to obtain compensation for your loss. To set up a free consultation with an experienced New York wrongful death attorney, contact our office online or call us today at 888-519-6400.

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The 10 Things You Must do After an NY Auto Accident

Being involved in a NY auto accident is an unnerving experience. However, it is important that you do your best to stay calm and gather as much information as possible to prove and document your case. And taking these few simple steps immediately following the accident can make a big difference in your case’s outcome.

1. Remain at the scene. Leaving the scene of an accident can have serious legal ramifications. In fact, new legislation has been introduced in New York that would increase the penalties for doing so.

2. Call the police. If an accident has occurred, call the police right away to report it. If the accident is severe, call 911 so that emergency personnel can be dispatched to the scene immediately to handle any potential dangers and medical emergencies.

3. Do not move victims or allow anyone else to do so. Moving victims may cause further injury so you should wait for emergency medical personnel to help injured victims.

4. Unless they are obstructing traffic, do not move vehicles. If you are concerned about other motorists, place cones or flares around the scene.

5. If you are injured, stay in your vehicle and do not allow others to move you. If you have sustained an injury during the accident it is best to wait for emergency medical personnel to evaluate your condition.

6. Do not make admissions of responsibility for the accident or discuss it with other motorists. By discussing the accident you open yourself up to possible legal liability.

7. Get medical treatment as soon as possible. If your injuries are severe, and obvious emergency medical personnel will transport you to a medical facility. However, some injuries do not manifest immediately, so even if you feel all right see a doctor as soon as possible to ensure you have not sustained any injuries.

8. Exchange information with the drivers, passengers and witnesses. Although you should not discuss the particulars of the accident, you should get the names, addresses, phone numbers, license numbers, and insurance information of those involved.

9. Take photos and make notes of the accident. The details to note and photograph, if possible include: time of day, weather and road conditions, street lighting, location of vehicles, traffic signals and signage. You may also want to note for yourself the sequence of events as you recall them.

10. Contact an attorney. A New York auto accident can be a highly emotional experience but it also has legal aspects which must be addressed immediately. Consult with your attorney to get advice on how best to proceed.

Injured in a New York Auto Accident? Contact Sackstein Sackstein & Lee, LLP

If you or a loved one have been injured in a car accident in New York because of another’s negligence you should talk to an attorney immediately. Our experienced New York car accident law firm offers a free consultation to discuss your case and determine your legal options. Contact Sackstein, Sackstein & Lee, LLP today at 888-519-6400.

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Third Party Liability in Work Related Injuries New York

A Brooklyn building under construction collapsed on March 22 crushing two construction workers, leaving them seriously injured. The accident took place in the Canarsie section of Brooklyn, and injured four additional workers. The accident was caused by negligence, which means that it was a work-related accident that could have been prevented had people followed safety rules.

Evidently, there were heavy materials and plywood that was placed on the roof the new building, which was unable to bear up under the weight. New York Labor Law is designed to protect workers and help them obtain compensation in situations such as these, where negligence on the part of an employer or contractor is involved.

Third-party liability law means that the property owner and general contractors supervising the construction must make sure that the work site is clear of preventable hazards and dangers.

And owners are challenging the law. However, it is hoped that the law will hold, and continue protecting those workers, especially those in dangerous construction work, who are seriously injured and in many cases, permanently unable to return to their work and in need of medical care for the rest of their lives.

Injured in a Work Accident? NYC Work Injury Attorneys Help

Injured at work and uncertain of your rights? If you believe that negligence on the part of another played a role in your accident at work, we may be able to help you determine whether you have a legal case to pursue personal injury recovery.

The personal injury attorneys at Sackstein Sackstein & Lee, LLP can answer your questions and help you navigate a personal injury claim. 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.

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Who’s at Fault in a Trucking Accident, the Driver or the Trucking Company?

In New York and throughout the nation, truck or semi-truck accidents often result in serious, life-changing injuries or loss of life. Aside from the injuries and loss you have sustained, you are also forced to navigate a bewildering gauntlet of insurance agencies, none of whom are necessarily on your side.

Complexities of Determining Fault in Truck Accident

It is critical to determine who is at fault in an accident involving a big rig truck, because crash victims may have costs incurred around medical expenses and pain and suffering that impact their lives and the lives of loved ones for decades to come.

Answering the question of who is at fault in a trucking accident is often not as simple as it sounds. In many cases, there are many different “at fault” parties. For example, the driver may not have been following federal commercial driving rules, meaning that he or she was driving beyond the number of hours allowed per day for a driver of a semi truck. Fatigue, then, may have played a role in the truck crash. This means that the driver is in some way at fault for negligence.

However, if the trucking company does not properly maintain the truck itself, and the crash is caused as a result of some problem with the truck’s brakes, engines, or other part of the vehicle not working properly, then the trucking owner would be responsible, as well. Again, fault would be also assigned here.

If the manufacturer of a part of the truck itself has designed or manufactured a defective part on the truck that contributed to the crash, then, here, too, the manufacturer may be held liable, as well, for part of the blame and responsibility of the crash.

In truth, these truck crashes must be thoroughly investigated by attorneys who have a deep understanding of the federal and state rules governing trucking.

Were You Injured in a Truck Crash? NYC Personal Injury and Wrongful Death Attorneys

If you or a loved one has suffered serious injuries from an accident caused by a truck that was not your fault, it is imperative that you seek counsel with an attorney experienced in protecting the rights of truck accident victims. These particular kinds of cases are incredibly complex. The sooner that your lawyer can begin investigation into the causes of the accident, the better off you will be. Accident scenes can disappear. Truck maintenance records and trucking logs can be changed – if you do not act quickly.

The personal injury attorneys at Sackstein Sackstein & Lee, LLP can answer your questions and help you navigate a personal injury claim. 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.

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New York’s Bill for a Total Ban on Cell Phone Use While Driving

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New York was the first state to pass a ban on handheld cell phone use while driving. Currently, the New York legislature has a bill filed for 2013/2014 to ban all cell phone use while driving ― bans on texting, hand-held and hands free cell phones.

According to the National Safety Council’s study on hands-free cell phones, drivers experience “inattention blindness” when using any kind of cell phone. While on a cell phone, they may look at the road, but they do not see it. The study found that drivers failed to see 50 percent of the information in their driving environment when talking on hands-free cell phones.

The problem with this much lack of attention is it makes drivers unable to maneuver or brake to avoid traffic accidents. The study cited a 2004 accident where a woman talking on a cell phone ran a red light and hit ― not the first car going through a green light ― but the third or fourth car. She was driving 48 miles per hour at the time of impact. A 12-year old boy lost his life in that crash and researchers called her crash a perfect example of cognitive distraction caused by a cell phone conversation that resulted in inattention blindness.

Violations of NY laws restricting cell phone use while driving indicate negligence on the part of the driver. Proving negligence is necessary for recovering compensation in a car accident lawsuit.

If you or a loved one suffers severe injury in an auto accident caused by a distracted driver, find out how a New York City accident lawyer can help. Sackstein, Sackstein and Lee, LLP has successfully handled numerous types of injury cases for more than 60 years.

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What Should I Do if I’m Injured While on Vacation

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Unfortunately, tourists and vacationers are injured on a regular basis, especially in car accidents, pedestrian knockdowns, and while engaging in physical activities hiking or swimming and skiing. Depending on the nature of the accident, however, a number of legal considerations come into play. For instance, in the case of car accidents, what policy terms apply, how fault affects the recovery of damages, and whether or not subrogation and no-fault considerations determine claim amounts can complicate matters. Alternatively, if you’re injured in a subway or bus accident, there are specific requirements each local transportation authority abides by that govern how claims are filed, investigated, and paid out.

Injured while on Vacation – Understanding the Terms of Your Policy

Each state is different when it comes to how fault affects claims payouts. In some states, if you are found 51% or more at fault you are not eligible to receive any damages. Alternatively, in other states you can recover damages even if you are 99% at fault; however, your damages will be reduced by the percentage of your fault. Consequently, if you suffered $10,000 in losses but are 60% at fault, the most you can recover would be $4,000.

In these kinds of situations, it’s essential that you understand how state law where you were injured affects the coverage terms of your policy. In no-fault states, injured parties are, in general, expected to recover damages from their own insurer – not the insurer of the party who injured you. Consequently, your insurer may attempt to recover losses through subrogation. Should this happen, you may be entitled to – or denied – certain rights and benefits not typically afforded policyholders in your state.

Injured while on Vacation in New York – Contact Sackstein Sackstein & Lee, LLP

If you encounter problems with your insurer (or with the insurer of the party responsible for injuring you), talking to a personal injury attorney may be necessary. However, unless you hire an attorney in your home state who is licensed to practice law in the state where you were injured, you’ll need to hire a lawyer in the state where your accident happened.

In New York City, tourists are regularly injured in pedestrian knockdowns, subway / bus accidents, slips and falls, even in cases involving food poisoning. At Sackstein Sackstein & Lee, LLP, our personal injury attorneys work closely with people here on business or vacation suffering from head and neck injuries, broken bones, medical complications, or serious burns. We understand insurance law and how to protect our clients while asserting their rights.

For more information regarding our personal injury practice and how we can help you, contact Sackstein Sackstein & Lee, LLP today.

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Soft Tissue Injuries

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Soft tissues injuries – injuries to tendons, muscles, or nerves – often involve the neck, back, or sprains and strains. While soft tissue injuries may initially seem minor, due to the complex way in which ligaments, muscles, and nerves are anatomically related, the scope of a soft tissue injury can be deceptive. Once swelling sets in, damage to nerves, tendons, and ligaments can result in chronic pain, tingling, loss of dexterity, and disability in some cases. Especially in older people, a soft tissue injury may never completely heal, sometimes resulting in the onset of complex regional pain syndrome (CRPS).

Insurance Companies and Soft Tissue Injuries – What You need to Know

Insurance companies are responsible to shareholders and investors. Consequently, they’re interested in making money. This means they have a financial incentive to avoid or reduce paying as much as they possibly can in claims payouts. Towards this end, insurers employ a number of cost reduction measures to maintain their financial health. One common measure involves trying to settle soft tissue injury claims as quickly as possible.

Since insurers realize it may take months for the full extent of a soft tissue injury to appear, claims agents are encourage to settle these kinds of claims sooner rather than later. As a result, it’s not uncommon for a claims agent to contact an injury victim shortly after a car, truck, pedestrian, or slip and fall accident to offer payment and close the claim. Once you accept an offer, you’ll likely be required to sign something that indicates you forfeit your right to sue for more damages later.

Protecting Your Rights and Interests in Soft Tissue Injury Cases

You might be thinking, “hey, sounds good to me. I get a check for my emergency room costs and lost wages and I’m on my way.” Again, if you suffered whiplash, a sprain, a minor concussion, or a shoulder injury, months later your condition could be much worse than it is now. If you accept the offer from the insurance company and it turns out you need physical therapy, medicine, or need to take time off from work, you won’t be able to recover damages proportional to the actual scope of your soft tissue injuries.

Before You Settle, Contact Our New York Soft Tissue Injury Lawyers

When an insurance agent calls about your accident and injuries, they’re looking for information that may play a role in reducing the amount of the claim they pay you. How is this possible? Well, New York is what is referred to as a “pure comparative negligence” state. This means that if it’s determined that you share in a percentage of fault for an accident, any compensation you might be eligible to receive will be reduced accordingly. For example, if the cost of your injuries is $10,000 but the court decides you were 50% at fault, you can only recover $5,000. Insurers realize this and are looking for anything you might say that could later be used against you to shift more fault onto you.

To protect your rights and interests, contact New York soft tissue injury attorneys at Sackstein Sackstein & Lee, LLP. We’ve helped countless clients injured in car, truck, bicycle, pedestrian, and slip and fall accidents. We have the expert witness resources when needed to bolster and support our clients’ cases. Call today to learn how we can help you.

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Bureau of Labor Statistics Reveals Which Categories of Workers Miss the Most Work Because of Occupational Illness or Injury

Author: Sackstein Sackstein & Lee, LLP

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People who work in New York and suffer an on-the-job injury or occupational illness have the right to recover workers compensation for medical bills and lost wages. The fact is that some industries put workers at risk for injury more than others. An experienced workers comp lawyer can help you handle the challenges involved with recovering workers compensation.

In November 2012, the United States Bureau of Labor Statistics took stock of the previous year and reported nonfatal occupational injuries and illnesses that took workers away from their jobs. The five occupations that took close to 20 percent of workers away from the job were:

  • Laborers
  • Nursing aides and orderlies and attendants
  • Janitors and cleaners
  • Heavy and tractor-trailer truck drivers
  • Police officers and sheriff’s patrol officers

The age group with the highest proportion or injuries and illnesses were workers between 45 and 54. Musculoskeletal disorder (MSD), also called ergonomic injury, accounted for 36 percent of all injury and illness cases. Musculoskeletal disorders are soft tissue injuries affecting muscles, ligaments, tendons, joints and nerves. The most frequent MSD injuries occurred to the back (42 percent) and most workers took seven days off to recover. However, the most severe MSD injuries were to the shoulder and the median time for recuperating and returning to work was 21 days.

If you have trouble recovering workers compensation for serious work-related injuries, find out how a workers compensation lawyer can help. Since 1952, Sackstein, Sackstein and Lee, LLP has successfully helped workers with work injury issues, including denied, delayed and inadequate workers compensation claims.

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