Burn Injuries

Posted on February 8, 2012 by glmain

According to the American Burn Association, approximately 450,000 people visited hospital emergency rooms in 2011 because of burn injuries. An estimated 3,500 died in fires, with nearly 90% of the deaths coming in residential fires. Other sources of fire-related deaths included motor vehicle or airplane crashes, as well as electrical fires. While minor burns can be painful, and can severely limit your ability to perform routine tasks, serious burns can have permanent effect, leading to scarring or disfigurement, as well as limiting your flexibility and mobility. When you have suffered any type of burn injury, you want an experienced lawyer to help you protect your interests.

At Sackstein, Sackstein & Lee, LLP we have brought strong and compassionate legal counsel to people throughout Queens, Brooklyn, Bronx and Nassau County since 1952. We place an emphasis on results, using our considerable skill, knowledge, experience and resources to help you get the outcome you want. In our decades in practice, we have obtained many multi-million dollar judgments and settlements for our clients.

The Causes of Burn Injury

Though burns can be caused by exposure to electrical current, chemical substances or even radiation, the most common cause of burn injury is exposure to high temperatures, whether in the form of flames, hot liquids or steam. The most frequent sources of heat causing serious burns are:

  • House or building fires—Residential or commercial fires account for more than 9 out of every 10 burn injuries. Building fires can be caused by a variety of factors, from faulty wiring or gas leaks to fires caused by smoking or accidents involving stoves or other appliances. In high rise apartments and other similar structures, the risk of serious injury increases significantly, as you can easily get trapped on upper levels.
  • Motor vehicle fires—The combination of highly combustible gasoline with hot engine parts or defective electrical components can lead to rapidly moving fires in a motor vehicle.
  • Flammable materials—Items such as clothing, drapes, bedding or furniture upholstery can quickly ignite and get out of control.
  • Dangerous or defective products—Many house fires are caused by dangerous or defective consumer products, such as space heaters, candles, and even fire extinguishers.
  • Gas explosions—Improperly installed or poorly manufactured appliances, including furnaces, stoves and dryers, can lead to the risk of explosion.

Contact Sackstein Sackstein & Lee, LLP

To set up an appointment with an experienced New York burn injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.

Bookmark and Share
Posted in Burn Injury | Tagged , , , , | Leave a comment

Farmers Insurance Med Pay Class Action Settles for $137 Million

Posted on January 26, 2012 by glmain

Author: Sackstein Sackstein & Lee, LLP

Our Family Serving Yours for Over 60 Years

The recent $137 million settlement signed November 9, 2011 for a class action lawsuit against Farmers Insurance is not the first time the company faced a class action for underpaying personal injury protection (PIP) claims.

In an earlier class action suit, Strawn v. Farmers Insurance Company of Oregon, the jury rendered a verdict that Farmers owed the class approximately $8 million in punitive damages and $900,000 in compensatory damages.

The more recent $137 million settlement was for a case filed in Oklahoma referred to as Farmers Med Pay Litigation. It covered a time period from January 2001 to early February 2009, and once again the class of plaintiffs argued that Farmers Insurance failed to pay reasonable expenses for necessary medical services.

Settlement calculation

Perhaps Farmers Insurance feared a similar unfavorable judgment should this case go to trial.  Whatever the reason, settlement terms were for class members to receive 60% of the difference between the amount of bills submitted for Farmers Med Pay or PIP claims and the amount paid by Farmers based upon a recommended reduction for reasonable expenses. The calculation came to $137,470,259.

The insurance industry is known for underpaying and delaying claims. If involved in an accident and seriously injured, seek legal advice from a New York personal injury lawyer because this is the only way you are likely to receive the compensation you deserve.

Bookmark and Share
Posted in Personal Injury | Tagged , , , , , , | Leave a comment

What Distracted Doctors and Distracted Drivers Have in Common

Posted on January 19, 2012 by glmain

Author: Sackstein Sackstein & Lee, LLP

Our Family Serving Yours for Over 60 Years

Digital devices whether smart phones, ipads, or blackberries have interjected themselves into practically every phase of life for the technically savvy. People are so used to chatting, texting, or playing online games in a multi-tasking mode that many do not give a second thought to driving at the same time. New York recently passed a law that bans texting while driving. In an effort to tackle distracted driving, the National Highway Transportation and Safety Administration (NHTSA) erected a website at www.distraction.gov.

But what about operating on a patient or assisting a surgeon while talking on a cell phone, checking emails, or texting a friend?

A New York Times article reported that Perfusion, a cardio-vascular medical journal, surveyed 439 medical technicians about digital device use. It found that 55% who monitored bypass machines admitted talking on cell phones and 50% had texted during heart surgery. Yet 40% believed talking on cell phones during surgery was an unsafe practice and young medical professionals brought up in a digitally connected society seemed the most prone to device distraction.

The article also reported that recently, a Denver medical malpractice lawyer brought a malpractice case a surgeon that left his client partially paralyzed. The attorney argued that a neurosurgeon’s cell phone chat was a distraction during surgery that resulted in medical errors.

Distraction can lead to legal consequences

When facilitating receipt of medical information, digital devices serve an important purpose.  However, when distracting medical professionals from delivering effective treatment, they can jeopardize the patient.

If you suspect a medical professional’s distraction resulted in malpractice, consult an experienced New York medical malpractice attorney about a taking legal action.

Bookmark and Share
Posted in Medical Malpractice | Tagged , , , , , | Leave a comment

In the News: Death and Injury Due to Elevator Malfunction

Posted on January 3, 2012 by glmain

Author: Sackstein Sackstein & Lee, LLP

According to the New York Times and Fox News, two recent New York elevator accidents have made some people skittish about using elevators. The New York Times reported that hours after being serviced, an elevator malfunction killed a female executive in an office building. Fox News reported that another woman was seriously injured while using a hospital elevator to visit a patient.

Facts about elevator accidents

Statistics show that elevator accidents seldom occur, and on the whole, people are much safer riding in elevators than in motor vehicles. Consumerwatch.com estimates that 900,000 elevators service 20,000 people a year in the United States, making about 18 billion passenger trips. The U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission (CPSC) report that approximately 27 people die in elevator accidents a year and half of the incidents result from falls down the shaft. Most deaths and injuries are caused by malfunctions or defects involving:

  • Wiring
  • Pulley systems
  • Door operation
  • Improper maintenance procedures

Elevator accidents can occur due to a repairman’s negligence, an inherent flaw in elevator design, or a building owner’s failure to keep an elevator in good repair.

Seek legal help for elevator accidents

Elevators are supposed to function safely. Invariably when accidents happen, human error is involved and someone is liable. An experienced Bronx or Queens car accident lawyer can investigate, identify liable parties, and determine your prospects for pursuing a claim to recover compensation for damages.

Bookmark and Share
Posted in Personal Injury | Tagged , , , , , , , | Leave a comment

Prescription Errors

Posted on December 29, 2011 by glmain

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.

Bookmark and Share
Posted in Personal Injury | Tagged , , , , , , , , , , , , | Leave a comment

Pain and Suffering after Wrongful Death

Posted on December 23, 2011 by glmain

In the state of New York, when your loved one dies as a result of someone else’s wrongful act, you can be severely limited in what you may recover. The New York legislature enacted laws that allow death cases to be filed, but has significantly limited the damages available to survivors. Surviving spouses and family members cannot seek compensation for loss of consortium or companionship, or for grief or loss. The only damages available are for the actual pain and suffering your loved one experienced as a result of the accident, and before death, as well as any lost financial support the person would have provided.

With respect to lost financial support, there are a number of factors to consider. You will want to include adjustments for projected promotions or advancements the decedent might have attained. In addition, any fringe benefits, such as health insurance or pension/retirement funds, will also be factored into a damage award. The defendant in a wrongful death action can successfully contend that some portion of fringe benefits and earnings would have been used by the deceased.

With respect to pain and suffering of the deceased before death, you must demonstrate that your loved one was actually aware of the pain. If they were rendered unconscious until death, or died almost instantaneously, the measure of damages may be minimal or non-existent. Any evidence of suffering can be admitted to demonstrate conscious awareness of pain, including screams, moans or writhing movements. You may also benefit from the testimony of a medical expert, regarding what qualifies as a sign of consciousness.

At the law office of Sackstein, Sackstein & Lee, LLP, we bring more than 60 years of experience to people who have suffered personal injury. We represent individuals who have lost a loved one because of the careless or negligent acts of others. For a private meeting with an experienced New York wrongful death lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is without cost or obligation.

Bookmark and Share
Posted in Wrongful Death | Tagged , , , , , | Leave a comment

Seat Belt Design Exposes Women to Greater Injury in Crashes

Posted on December 12, 2011 by glmain

Author: Sackstein Sackstein & Lee, LLP

Apparently, if you are a woman, how you buckle up makes a difference in your ability to survive an injury crash.

Dipan Bose, heading a research study at the University of Virginia Center for Applied Biomechanics, discovered that female drivers wearing seat belts are 47 times more likely to experience serious injury than male drivers under the same conditions—same car model, road, speed, etc. The reason is that manufacturers design seat belts for men, who typically have different posture, weight, height, and musculature than women.

Research details

According to a New York Times article, the Virginia researchers studied information collected over an 11 year period by the National Highway Traffic Safety Administration (NHTSA) involving 45,445 accident victims. Significant differences where men averaged five and one half inches taller and weighed 35 pounds heavier than women affected how seat belts fit. Around women, seat belts crossed the waist, whereas they crossed the pelvis around men. Shoulder harnesses also rested differently on men than on women.  In addition, women tended to lean forward in their seats so they could see better to drive.

Make adjustments

Shoulder harnesses are adjustable, and women should ensure they fit correctly. Also, they should adjust their seats and fasten lap belts to cross at the hips and not the waist. Women should incline seats in a straight position and raise them so head restraints can protect their necks and so they do not have to lean forward.

If you are seriously injured in a car accident and believe your seat belt should have protected you, seek legal advice from an experienced Bronx or Queens car accident lawyer.

Bookmark and Share
Posted in Car Accident Claims | Tagged , , , , , , | Leave a comment

Bargain Bus Fares Are Not Worth the Price of Fatal Accidents

Posted on December 7, 2011 by glmain

Author: Sackstein Sackstein & Lee, LLP

Small bus companies popping up over the past 10 years offer curb side service and bargain fares ranging from one dollar to $30 to transport passengers from Philadelphia, Boston, and nearby cities to New York City. These popular tour buses offer an attractive deal, especially to people looking for entertainment during an economic downturn. However, at the request of two New York Congress members the National Transportation Safety Board (NTSB) recently conducted a study which revealed that such buses are seven times more likely to be involved in a fatal accident than buses run by larger companies like Greyhound.

Reason behind the investigation

The incident that sparked the NTSB study was a horrendous NYC bus crash occurring in the Bronx in March, 2011. It appears that a tractor trailer clipped the bus’s bumper while passing. The bus driver lost control, and the bus toppled onto its side, skidding for some distance before it rammed into a sign post that sheared the bus in half, killing 15 people and injuring 18. The bus was returning from a Connecticut casino excursion.

Based on this accident and a record of two other bus accidents resulting in passenger injuries, the Federal Motor Carrier Safety Administration (FMCSA) closed this Brooklyn based bus company, called World Wide Tours.

Rights under NY negligence law

Under New York negligence law, bus accident victims are entitled to recover damages when suffering injury caused by another’s failure to drive safely or otherwise put them at unnecessary risk. Brooklyn or Bronx bus accident lawyers can provide legal advice and evaluate the prospects of pursuing a case.

Bookmark and Share
Posted in Motor Vehicle Accidents, Personal Injury | Tagged , , , , , , , , , | Leave a comment

Cuomo Advocates Medical Malpractice Caps in New York

Posted on November 30, 2011 by glmain

Medical practitioners may hail Governor Cuomo as a voice of reason in 2011 through New York Daily News articles like Push to curb medical malpractice suits has Gov. Cuomo on collision course with Speaker Silver.  However, as Cuomo advocates limiting medical malpractice injury and suffering awards to $250,000, you have to wonder about catastrophic injuries that cost millions at the hands of doctors committing medical malpractice.

Exorbitant costs of catastrophic injuries

For example, some babies suffer catastrophic birth injuries, such as spinal cord injury (SCI) because of medical errors.  The Centers for Disease Control and Prevention (CDC) reports that medical costs for SCI victims average between $15,000 to $30,000 a year. Estimated costs for lifetime care are anywhere from $500,000 to more than $3 million depending on the injury severity.  Should parents foot bills for an obstetrician’s or other medical practitioner’s crippling error?

Restrictive NY malpractice laws

New York already has some of the most restrictive medical malpractice laws in the country.  Medical malpractice victims must bring a lawsuit within two and a half years of the act of malpractice, even if they did not discover malpractice or that the injury resulted from malpractice within that time. New York is one of five states that do not have discovery rules, which would allow victims to bring suit after discovering medical malpractice.

Put an experienced malpractice lawyer on your side

The Queens, Brooklyn, Long Island and Bronx medical malpractice attorneys at Sackstein Sackstein & Lee, LLP have successfully handled malpractice cases since 1952. Arrange a free consultation. Call 888-519-6400 or contact us online.

Bookmark and Share
Posted in Medical Malpractice | Tagged , , , , , , , , | Leave a comment

How Safe Are New York City Streets for Pedestrians?

Posted on November 16, 2011 by glmain

Author: Sackstein Sackstein & Lee, LLP

The most populous of all U.S. cities, New York City differs greatly in its transportation system which consists of extensive mass transit use, low automobile ownership, and considerable pedestrian traffic.  Compared to other American cities, many pedestrians walk New York City streets whether local residents, out-of-town commuters, or large number of tourists.

Pedestrian Safety Report and Action Plan

The New York Department of Transportation (NY DOT) undertook a study called the Pedestrian Safety Report and Action Plan that reviewed 7,000 recorded New York City street crashes causing injury or death to pedestrians.

NYDOT reports the following statistics about New York City pedestrian accidents—

  • Pedestrians are 10 times more likely to die than a motor vehicle occupant in the event of a crash
  • Pedestrians accounted for 52% of traffic fatalities from 2005-2009
  • Driver inattention was cited in nearly 36% of crashes resulting in pedestrians killed or seriously injured
  • 27% of fatal pedestrian crashes involved driver failure to yield
  • Pedestrian-vehicle crashes involving unsafe speeds are twice as deadly as other crashes
  • Serious pedestrian crashes are about two-thirds deadlier on major street corridors than on smaller local streets

Even so, NYC pedestrian fatality statistics are steadily declining, reaching the lowest number in 2009 since first recorded in 1910 and reduced by 35 percent since 2001.  Action Plan DOT is implementing more safety changes, including installing pedestrian countdown timer signals at 1,500 intersections.  Such signals countdown the seconds left at street crossings before the light turns green.  Efforts to reduce pedestrian accidents in New York City are proving effective.

Bookmark and Share
Posted in Pedestrian Accidents | Tagged , , , , | Leave a comment