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Month: May 2016

car rear ended on streets

Albany Lobby Day – May 17 2016

Together with other plaintiffs’ lawyers who are members of the New York State Trial Association, I went up to Albany to speak with lawmakers and advocate for the following changes in the law:

Car insurance

A family struggling to make ends meet can ill afford to bear the costs of an accident, which can include medical bills, lost income or property damage. Medicaid and other State benefits should not have to cover costs that should be addressed by automobile insurance. NYSTLA supports bills that address the need for adequate insurance and protect consumers, including, but not limited to the following bills:

  • Increased protection to injured drivers passengers and pedestrians by increasing insurance liability limits to require minimum insurance coverage for limousines to be a single minimum requirement of $1.5 million for bodily injury or death for one or more persons and property damage. Currently New York is far behind the times (requiring coverage of only $120,000 for two or more injured passengers if the vehicle seats 13-20 passengers.)
  • Increase insurance liability limits on rental cars to $1 million.
  • Increase the minimum required coverage for automobiles to $250,000 for a bodily injury and $500,000 for a death, and to $500,000 for bodily injury and $1 million for death of two or more persons in a single accident, plus $25,000 for property damage, as proposed in (Increased from the current $25,000/$50,000.00 coverage currently in effect.)
  • Institute a requirement that insurers include with the policy supplemental spousal liability coverage equal to the bodily injury insurance coverage, but notify consumers that they may decline such coverage in writing. Provides a more useful, modern definition of what constitutes “Serious Injury” under the NY No Fault Threshold law, and clarify that serious injury is a question of fact, thus allowing a seriously injured person to seek justice in court.
  • Sunshine Act: A bill that would require greater transparency from Insurance Companies and provide the public and policy makers need readily available, detailed and transparent information on auto insurance claims and costs to make informed policy decisions and purchasing choices, and to monitor the industry for fair treatment.

Pass fair claims settlement legislation

A proposed fair claims law would give policy holders some extra peace of mind. When a fire or extreme weather damages a home, it’s common for the insurance company to dispute the amount of the claim – especially in New York.

New York’s consumer-unfriendly insurance laws give insurers an incentive to drag out the settlement process. That’s because claimants have to pay out of their own pockets when they need expert help to resolve a dispute. If they hire an architect or engineer to support their claim or a lawyer to fight the insurance company, those costs are effectively subtracted from the final settlement. The result: Even when they win, they are not made whole.

In 42 other states, the added costs of reaching a fair settlement can be tacked onto the insurance payout. In those states, insurance companies are motivated to quickly and fairly settle disputed claims, according to advocates for reform of New York’s insurance laws. Here, it’s often so difficult and costly to challenge a low-ball settlement offer that many consumers just take what money they can get and walk away.

Advocates of reform legislation introduced in the state Senate and Assembly say that’s why insurance companies that do business in New York are so profitable. They return only 43 cents on each dollar of collected premiums, compared to the national average of about 65 cents paid out to policyholders.

This bill would create a civil remedy for New Yorkers who are harmed by an insurer’s delay or denial of a claim when the delay or denial was “not substantially justified”. For example, the bill would hold an insurer accountable if they:

  • Fail to settle a claim promptly and fairly where the insurer’s responsibility is clear;
  • Fail to provide a written denial of claim that explains the reason for that denial
  • Fail to determine the value of, and responsibility for, a claim within 6 months
  • Compel a policyholder to bring a lawsuit to recover on a legitimate claim by offering a low- ball settlement

In addition, this proposed bill would forbid the insurer who has to pay compensatory damages to a policyholder from passing on those costs to consumers in higher premiums.

Date of discovery

This bill would provide that a medical malpractice action accrues when one knows or should have known of the alleged negligent act or omission and knows or should have known that said negligent act has caused an injury and not the current law which provides that an action for medical malpractice must be commenced within two years and six months of the alleged negligent act, even if the patient is unaware that the negligent act has occurred.

  • This proposed bill provides that the 2 1/2 year statute of limitations begins to run when the patient knows or should have known an alleged negligent act has caused injury. However, the bill prevents any malpractice claim from being filed more than 10 years after the negligent act. This is a fair, common sense rule.
  • The current statute provides exceptions for continuous treatment and foreign objects wherein the statute of limitations starts to run after the last treatment or discovery of the object, although both exceptions are limited in scope and have been narrowly construed by the courts.
  • The current statute prevents seriously injured individuals from receiving just compensation simply because they did not discover the negligence or the injury until after the statute of limitations has expired. This injustice manifests itself in cancer cases where x-rays are misread and patients are advised they are fine.
  • The current statute of limitations is an archaic rule, 44 other states apply some form of discovery rule. New York, together with Arkansas, Idaho, Maine, Minnesota and South Dakota are the only states with no discovery rule.

Grieving families

New York’s Wrongful Death Law was enacted in 1847 and has not been updated to reflect the greater value we now place on human life. NY currently allows grieving families to recover only for the lost income from a family member who died. This values the lives of high wage earners over those who earn little or nothing, such as children, homemakers and senior citizens. The Grieving Families Act would allow families to be compensated for the profound emotional loss and grief caused by a wrongdoer caused by a loved one’s death.

Many other states allow grieving families to be compensated for their profound emotional loss, and several other states are considering legislation to allow families to be compensated for grief and emotional pain. We want to bring NY to the 21st century.

Daniella Levi Esq with firm's paralegal

Elevator Tragedy did Nothing to Motivate Legislators

Even an elevator tragedy didn’t motivate lawmakers

You might recall that on New Year’s Eve, an elevator accident took the life of a young man on the Lower East Side. The 25-year-old was in an elevator when it stalled between the second and third floors of an apparently building.

The man helped a woman get out of the elevator, pushing her up and out. But then the elevator dropped. News reports said the man was crushed between the elevator roof and a building floor.

Yet even that tragedy has failed to motivate lawmakers who have before them a bill that proponents say would make elevators throughout New York safer.

The Elevator Safety Act got some attention from legislators in the wake of the tragedy, but the state’s website says the bill is still in committee, more than 4 months later.

Assemblyman Keith Wright – one of the bill’s sponsors – said, “It is shocking and unthinkable that New York State doesn’t do everything possible to protect the safety of its residents.”

The bill is straightforward, requiring “the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices.” A spokesperson for the International Union of Elevator Constructors said training is currently required by law, but that the type of training is not specified.

Injuries caused by a faulty elevator or escalator can be devastating, and as everyone saw on New Year’s Eve, those injuries can even be fatal. Families who have lost a loved one can speak with an experienced attorney about pursuit of justice and holding those who are responsible financially accountable.

lawyer's office

Preventing Hazards from Carbon Monoxide: New NYC Regulation

New rule aims to keep customers safe from carbon monoxide in NY

Whether a grocery store, department store, office complex or hospital, businesses are required to provide those that enter their buildings with a safe environment. There are a number of regulations and ordinances in place designed to help better ensure that patrons are properly protected. The Department of State recently passed an additional measure to offer further protection.

This new measure deals specifically with carbon monoxide. Carbon monoxide is an odorless gas that can lead to serious problems, and even death, if inhaled. The gas can be detected with carbon monoxide detectors, which set of an alarm when the gas is present, alerting anyone that may be in the vicinity of the potential danger. This specific measure requires that commercial buildings install and maintain carbon monoxide devices.

Is carbon monoxide poisoning really a problem?

The Department of State reports that there are an estimated 450 hospitalizations connected to carbon monoxide poisoning in New York State each year. Of these hospitalizations, 55 result in fatalities.

What types of buildings are included?

The rule requires commercial buildings to comply with the carbon monoxide detector requirement. The definition is broad, requiring both those owned by private parties and municipalities. The rule specifically includes schools that meet certain qualifications but exempts buildings that are “only occupied occasionally and only for building or equipment maintenance.”

When does the rule go into effect?

The rule is scheduled to go into effect in two different waves, depending on the type of commercial building. Those that are considered new construction are required to comply with the rule upon construction. Existing buildings, defined as buildings that were constructed before December 31, 2015, are required to come into compliance by June 27, 2016.

lawyer and paralegal discussing construction accident case

Lawsuit for $15 Million: Girl is Severely Injured by Escalator

Girl gets $15 million after foot mangled by escalator

The Everly Brothers, Elvis and Perry Como topped the charts back when the escalator was installed in a shopping mall just 25 miles from Queens. The escalator was one of the oldest in the country by the time of an accident three years ago in which a 10-year-old girl’s foot was caught and mangled.

Twenty-two surgeries were required to save the foot from amputation, the girl’s family’s attorney said in a statement announcing a settlement with Macy’s. The lawyer said Macy’s has agreed to pay $15 million to the New Jersey family.

The nearly two dozen operations involved a variety of surgical procedures, including grafts of muscle and skin to the girl’s foot from other parts of her body. She also fought through kidney and lung failure as part of her ordeal.

Following the accident, she was hospitalized for three months and then spent more than two years in physical therapy.

The family filed its lawsuit against Macy’s, as well as the company responsible for escalator maintenance, Thyssen Krupp Elevator Corporation. Though escalators have a life expectancy of 20 to 25 years, the escalator that caught the girl’s foot was in its 55th year of operation at the time of the incident.

For those who have been injured by escalator or elevator malfunction, you should know that a conversation with a skilled attorney can be the first step toward full and fair compensation for damages you have suffered, including medical bills, lost wages, diminished earning capacity, disability and pain and suffering.

police arresting man

New York Legal Considerations: Late Night Dangers & Hazards

Late-night dangers associated with job duties

There are certain occupations that are commonly associated with occupational risks and dangers. Law enforcement, for example, and firefighting are two lines of work that have obvious dangers inherent in the job duties.

Other jobs are also dangerous, though perhaps less obviously so: roofer, logger, pilot and truck driver are typically listed whenever people index the riskiest occupations. Another dangerous job: working in late-night retail.

The risks of robbery, assault, injuries and fatalities are an ever-present part of working at a convenience store, eatery, gas station or other retail outlet open late at night. The problem is a significant one: the Bureau of Labor Statistics said that in 2007, assaults and other acts of violence took 864 lives, which was more than 15 percent of the workplace fatalities that year in the entire country.

The dangers are not just to the workers, of course, but also to innocent customers who happen to be in the store when the violence occurs. Far too often, owners of the establishments fail to implement safety measures that would protect employees and customers.

These safety measures can include:

  • Installation and maintenance of security systems
  • Training for employees in robbery prevention
  • Keeping windows clear of posters, signs and other clutter
  • Establishing cash-drop systems and routines to deter robberies

When an employee or customer is injured due to a lack of security measures, they can face enormous medical bills, lost wages, disabilities and extended periods of emotional anguish and physical pain. A conversation with an attorney experienced in premises liability litigation can explain your legal options and help you pursue compensation for damages.

medical malpractice lawyers nyc

Legal Consequence: Accidents Due to Lack of Training or Knowledge

A lack of training and knowledge leads to tragedy

It’s a four hour drive northwest of New York City to arrive in the town of Onondaga. The modestly sized Syracuse suburb was the site almost a year ago to the day of a tragic accident.

A 53 year old man was doing maintenance work on an elevator in a nursing home when a second elevator began to descend from above.

The mechanic was pinned between a stationary steel ladder and a support beam by the second elevator. He died there in the elevator shaft.

The Occupational Safety and Health Administration has proposed a $35,000 fine for the man’s employer. The Otis Elevator Company is contesting the fine and the accompanying citation which claims the man didn’t have the training needed for the job he tried to perform, and that the company failed to observe safety procedures.

The company didn’t properly evaluate the elevator to see if the maintenance work would require a permit for confined spaces. Worse, the mechanic didn’t have the training or knowledge to enter a permit-required confined space such as the one he died in.

When he was killed, the mechanic was beneath the elevator doing work that required him to first lock the elevator in place and shut off power to it. OSHA says the company has practices allowing its workers to get into elevator pits for up to 15 minutes without carrying out those safety procedures.

The man left behind his wife and two sons. In similar circumstances, family members will speak to attorneys experienced in fighting for full and fair compensation.

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