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Garden City Personal Injury Blog

Clearing up misconceptions about product recalls

Product recalls often make the news here in Garden City and through Long Island and the entire metropolitan area, particularly when the recall is prompted by the death or a serious of one of the product's consumers. However, New Yorkers may have some misconceptions about how a product recall actually works and what it can and cannot accomplish for an accident victim.

For one, product recalls are usually not ordered by a single government agency. Many agencies oversee product safety, and many of them do have a recall process in place. However, on most occasions, they never have to use their legal power to compel a company to pull a product from the shelves; in many if not most cases, the company itself discovers a problem and tells the government agency it intends to recall a product.

Helping people navigate workers' compensation appeals

A previous post on this blog talked about the workers' compensation appeal process that injured workers in Garden City and across Long island can utilize if they don't like the initial decision of their employer's insurance company.

However, as the previous post also mentioned, filing and an pursuing a workers' compensation appeal can prove to be difficult and stressful. There are a lot of different steps a worker may have to take, and keeping track of all the deadlines and other important procedures can be hard for someone who does not work with the system regularly. Moreover, when New York worker has been denied the benefits he or she deserves, he or she probably already has enough to worry about.

The workers' compensation appeal process

No one expects to be injured on the job. Yet, every year thousands of individuals find themselves suffering on-the-job injuries. A workplace injury, even a relatively minor one, can leave a worker unable to perform his or her job. Under many circumstances, this means that these individuals are unable to receive a paycheck, which, in turn, can leave them facing financial uncertainty. This is particularly true when they incur medical expenses as a result of their harm.

Fortunately, the workers' compensation system exists to help these individuals recoup their wages and medical expenses, but obtaining benefits is not a guarantee. In fact, many times employers and insurers deny a workers' compensation claim for any number of reasons, including if they believe that the injury was not suffered while the individual was performing his or her job duties. A claim may also be denied if it is found that the injury is not severe enough to affect one's ability to perform his or her job. It is therefore important for New Yorkers to realize that if their claim is denied after a hearing with a workers' compensation law judge, then they can appeal in hopes of obtaining a favorable outcome.

Stay safe around fireworks at 4th of July celebrations

Generations of families, many of whom came to the United States as immigrants, have cherished memories of childhood 4th of July celebrations shared with friends and neighbors.

In order to continue that grand tradition for today's children and grandchildren, families must be proactive about safety while attending weekend events celebrating our nation's 241st birthday.

New York doctor accused of improperly treating patient

Going to the doctor can be stressful given the fact that an individual may find out that he or she is in worse health than feared. After all, a doctor may discover a serious disease, such as cancer, thus turning a patient's life upside-down. However, most New Yorkers realize that it is better to have an early diagnosis so that any condition discovered can be more quickly and effectively treated. But the sad truth of the matter is that far too many of New York's medical professionals neglect their duty to their patients, thereby putting them at risk of harm.

For example, let us look at an ongoing medical malpractice case against a New York doctor. There, the surviving family of a deceased elderly man claims that the doctor failed to prescribe proper medication and otherwise adequately treat the deceased man for his hypertension. Although the man had been seeing the doctor for a year, he suddenly fell at his residence and passed away due to a complications that arose from a stroke. The lawsuit claims that the doctor is directly responsible for the man's death.

New York City bike-sharing program has first fatality

If you ride a bike among the traffic on the streets of Manhattan, you literally can take your life into your hands. Between the trucks, taxis and other vehicles, cycling through New York City's streets is a dangerous form of exercise not intended for the faint of heart.

This was sadly evident last Monday, June 12, when a successful New York City bicycle ride-sharing operation had its first fatality since its inception four years ago.

Woman beats drug maker in product liability lawsuit

All consumers expect the products they use to be safe for their intended purposes. A car should be able to be driven without fear that a defective airbag will suddenly and unexpectedly explode, a child's crib should allow a child to sleep without his or her parents fearing that the child will get stuck in the railing, and frozen foods should be eaten without concern that they are contaminated with life-threatening bacteria. Although federal regulations seek to keep consumers safe from these dangerous products, the sad truth of the matter is that far too many of these products make it to market, putting many consumers at risk of serious harm.

To see an example, one need only look at a recent lawsuit that involved the drug Depakote. The medication, which is used to treat bipolar disorder, has been accused of causing birth defects, which was the basis of this recently decided case. There, a woman sued AbbVie, the drug's maker, for failing to warn her and her psychiatrist of the potential birth defects that could arise from taking the medication while pregnant. As a result, the woman claimed, her child was born with serious birth defects. A federal court upheld a $15 million verdict in her favor.

Young teen drivers at higher risk of causing an accident

Warmer weather has hit New York, which means that many teens are out of school for the summer. These youngsters will likely be taking to the road more frequently, whether to get to and from work or to get to social gatherings. Unfortunately, despite public service initiatives, training, and parental supervision, these young motorist are at a significantly increased risk of being involved in a serious car accident.

In fact, AAA recently discovered that new teen drivers, specifically those between the ages of 16 and 17, are three times more likely to be involved in a fatal accident. This finding, paired with the increased driving by this age group during this time of year, has led many to name the period between Memorial Day and Labor Day the "100 Deadliest Days."

Truck accidents and vicarious liability

Driving to work, school, or a social gathering may be inherently dangerous, but if everyone were to be attentive, rested, and sober behind the wheel, then driving would be much safer. Unfortunately, though, far too many motorists are distracted, careless, and intoxicated when they drive, putting themselves and others at risk. When an auto accident occurs, significant damages can be suffered by victims in the form of physical and emotional pain and suffering, medical expenses, and lost wages. This is particularly true for those who are hurt in a truck accident.

Although a personal injury lawsuit against a negligent trucker may result in the recovery of compensation, the truth of the matter is that it may not be enough to cover a victim's losses. This is why many truck accident victims sue truck companies under the vicarious liability legal theory. Under this legal theory, an employer can be held accountable for the actions of its employees. If successful, pursuing such a claim could give a victim access to deeper pockets.

We use skill and experience to help medical malpractice victims

A few weeks ago on the blog we discussed a medical malpractice case where posts obtained from a social medial website were disallowed from being admitted into evidence by the court. Evidentiary issues like this are quite frequent in medical malpractice cases where the stakes are high and the medical specifics of the case are beyond the average individual's understanding. Expert witness testimony can be confusing and hard to understand, and physical evidence offered to the court may seem irrelevant. Yet, appropriately addressing evidentiary issues can mean the difference between winning your hospital negligence case and losing it.

This is why many New Yorkers have turned to the legal team at Dell & Dean PLLC. Our attorneys, who pride themselves on treating every client like a member of their own family, have a reputation for being amongst the best on Long Island. On top of that, our firm has a doctor on staff who can help us better understand the medical situation that started a client's case and how, specifically, a doctor error could have occurred.

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