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Garden City Personal Injury Blog

Why do truck accidents happen in New York?

If you live in the state of New York or travel through the area regularly, you know that the roadways can be extremely crowded and dangerous.

While there are steps you can take to improve your overall level of safety, such as keeping your eyes on the road at all times, you never know when another driver will make a mistake.

Products liability and defective medications

As medical technology and research advances, patients have more effective and efficient treatment options at their disposal. However, in a rush to get their products to market, many healthcare-related companies make errors in either researching their products or packaging them. When dangerous medications are given to the trusting public, innocent individuals can be seriously harmed. They can be left permanently disabled, with a worsened medical condition, or, in the worst cases, dead.

Many drug manufacturers try to pull their products from the market before this happens. This typically occurs when one of three things occurs. First, a recall may be issued if additional studies of a medication indicate that the drug poses health risks. For example, it has been discovered that some medications, when taken over a period of time, can increase the risk of stroke and heart attack. A recall may also be issued if the FDA and/or drug manufacturer discovers negative drug interactions that were previously unknown. Lastly, a drug may be recalled if its packaging is defective. This may include misleading dosage instructions or the lack of proper labeling with regard to safety and side effects.

How effective are seatbelts?

Seatbelt use has steadily risen over the years. The good news is that currently 92 percent of daytime drivers in New York, and their passengers, wear seatbelts. The bad news is that this rate decreases at night, when accidents are more likely.

Federal estimates hold that tens of thousands of fatalities are avoided each year because of seatbelt use.

Premises liability and victim classification

When New Yorkers enter onto the property of another, they probably don't think much about their safety. This is especially true when it comes to a business. There is good reason for this. Under premises liability law, a property owner may be held liable for any injuries suffered on his or her property. This is true when the injuries are suffered by a hazardous property condition, and the property owner knew about that condition but failed to remedy it. A property owner can also be liable if dangerous conditions exist that the property owner didn't know about, but should have known about if he or she were exercising reasonable care. In these circumstances, a victim may be entitled to compensation for his or her injuries.

But it is important to note that a victim's legal classification in such cases can affect the way that the case is approached, as well as the outcome. There are four such classifications. The most common is the invitee, who is an individual who has been invited onto the premises in question. Customers of businesses open to the general public, for example, are invitees. The second and third types of classification are licensee and social guests. These individuals usually enter the premises for their own purposes, but they only do so by consent of the owner. The last type of classification is the trespasser. These individuals enter onto the property of another without any sort of explicit or implied consent.

Social media posts suppressed in medical malpractice case

Anyone with any type of experience with the legal system, and even those who watch courtroom dramas on television, know the importance of evidence. Essentially, the strength of your evidence compared to the strength of the other side's evidence makes the difference in a case, regardless of type. Therefore, knowing the rules of evidence and how to use them to your advantage is key when entering into litigation. Those who fail to utilize these rules may be taken advantage of and find themselves facing unwanted outcomes.

But as our lives become more digitized, the rules of evidence become more difficult to apply. This can be seen in a recent New York appellate ruling in a medical malpractice case. There, the court of appeals suppressed Facebook posts as evidence. The posts, which were allegedly made by the plaintiff, indicated that he was very active, including going on long walks, exercising, and going to bars, despite being harmed by alleged medical malpractice. The plaintiff denied that he had made the posts.

Cytotec can cause infant mortality and infertility in mothers

Pregnancy is a time of hopeful expectation and planning. Most expectant parents take great steps to ensure the health of both mother and child. From prenatal vitamins and doctor visits to special diets and low-impact exercises, there are many options. Unfortunately, one bad decision by a medical professional can undo all of your hard work. Some doctors may choose to administer the drug Cytotec (also called misoprostol) during labor. In many cases, there is no issue with this medication. In other cases, the drug can prove fatal to healthy mothers and their healthy unborn children.

When you seek medical help during labor and pregnancy, you expect the doctor in charge to make medical decisions based on best practices. Far too many doctors unfortunately choose unsafe or questionable medical interventions for their own convenience. Many people do not have negative reactions to these off-label medications and unnecessary procedures, which can make doctors mistakenly believe they are safe.

We fight for those hurt in New York workplace accidents

Far too many New Yorkers are living paycheck-to-paycheck. Thus, when unexpected expenses arise, these individuals may have trouble making ends meet. The same holds true for those who have been injured on the job and are subsequently unable to work. If you are in this situation, you're likely facing unexpected medical expenses and lost wages, which can really throw your finances into a tailspin. While it's true that workers' compensation benefits may be available to you, they are not guaranteed.

In fact, many workers' compensation claims are rejected. Why? There are a number of reasons. One of the most common is that the injury is deemed to have been suffered outside of one's work capacity. Those who are hurt while engaging in activities that are not part of their job will likely have their claims denied. Similarly, an injured worker who is granted workers' compensation may be granted benefits that do not meet their needs. This can be an evidentiary issue in that the injured worker has failed to demonstrate the true extent of his or her losses.

What benefits does workers' compensation provide?

Going to work every day shouldn't be a scary experience, and for most New Yorkers it isn't. However, just because individuals aren't afraid to go to work doesn't mean that they don't confront potentially dangerous situations on a daily basis. In fact, most workers face risks that could leave them with a workplace injury. Whether from repetitive stress, a high fall, or dangerous machinery, an individual can be left with severe physical injuries that can be painful and costly.

The losses can take quite a toll, too. Workplace accidents can leave victims with significant medical expenses, rehabilitation costs and lost wages. Such financial damages can make it challenging to find the stability one needs to obtain necessary medical care, retain his or her standard of living, and focus on physical recovery. Fortunately, though, most people who suffer an on-the-job injury are eligible to recover workers' compensation benefits.

Can you spot elder abuse? The ER may not, according to new study.

It is estimated that as much as 10 percent of the elder population experiences abuse in some form. The horrifying consequences of elder abuse can lead to significant injuries. Several state and federal laws have been enacted to help curb elder abuse. Unfortunately, the problem remains widespread. 

Thousands die every year due to drowsy driving

You'll want to stay awake for this

You already know the dangers of drunk driving and distracted driving. But there is a third "d" that gets little attention: drowsy driving. Unfortunately, fatigue turns out to be just as devastating as intoxication and distraction when it comes to the cause of serious motor vehicle accidents. According to the National Highway Transportation Safety Administration, drowsy driving causes 8,000 fatalities every year. The NHTSA is the federal agency that monitors and tracks road safety in the U.S.

It began a national PSA on the first day of spring to increase awareness of this issue. The number of vehicles on the road tends to increase in summer months, meaning that fatigued driving could play a larger role in accident risk than in the winter months, particularly on long summer days.

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