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New York City Personal Injury Law Blog

Recoverable damages in wrongful death lawsuits in New York

To lose a loved one unexpectedly in New York City is a tragedy, no matter the circumstances. However, the grief associated with such a loss may be compounded even further if it is believed that the actions of another (whether they be intentional or not) contributed to the event. Those impacted may feel justified in initiating a wrongful death action against the person or parties they believe to be responsible. The question then becomes how much may they reasonably expect to recover.

According to Section 5-4.3 of the Estates, Powers and Trusts Law of the state of New York, one can expect to recover “fair and just compensation for the pecuniary injuries resulting from the decedent's death.” Pecuniary injuries are all the losses that are financially calculable. In general, the court determines these to include:

  •          Medical and funeral expenses
  •          The loss of financial support
  •          The loss of a potential inheritance

Motorcycle accidents, a common issue on New York streets

The crowded streets of New York can be a nightmare to navigate in a traditional automobile. For this and many other reasons, it is common to see quite a few people riding motorcycles as their main form of transportation, especially when the weather is nice. Unfortunately, motorcycle accidents are fairly common, and the riders can end up seriously injured or worse.

What are the main causes of motorcycle collisions? Who can I hold liable for damages? How can I seek compensation?

Even a single-car accident can lead to a wrongful death claim

The loss of a loved one is the toughest life event a person will ever experience. When it occurs in a tragic accident, in which your loss is sudden and unexpected, the fallout can be significantly more difficult to overcome. You may be in search of answers or justification following the incident, but you may not know where to look for support.

Perhaps it was a single-car collision that claimed your loved one's life, in which he or she was a passenger. Countless individuals have died in similar accidents due to the driver's negligent actions. If the driver is responsible for your loss, you could be wondering if you can hold him or her accountable.

4 issues that could lead to a medical misdiagnosis

When you feel ill, you likely go to the doctor and expect to receive a diagnosis and information on treatment options. However, even after going through your treatment regimen, you may find that you still do not feel well. This type of predicament is not altogether uncommon, but it could point to a serious issue regarding medical malpractice: failure to diagnose.

Doctors have a duty to attend to their patients' health concerns properly, and if they do not correctly diagnose an illness, injury or other condition, patients -- yourself included -- may suffer unnecessarily. Indeed, a misdiagnosis or lack of diagnosis could result in your health problem worsening, and a potentially treatable issue could turn into a deadly threat. Unfortunately, several causes could contribute to this type of occurrence.

OSHA regulations of toxic exposure

Employers in New York must follow regulations regarding toxic substances set by the Occupational Safety and Health Administration. OSHA encourages employers to change to safer chemicals and substances whenever possible but recognizes that such transitions may not always be possible, especially if a substance is essential to the operations of a business. Due to this, it has enacted some regulations and requirements employers must follow to keep employees safe.

Safety data sheets and other information about the substances or chemicals are required to be prominently displayed. These sheets inform about the hazards related to certain substances. Employers should offer training to employees to teach them about safe handling practices and to explain the hazards related to the substances they will be working with. Regulations are in place to ensure employees in certain industries follow specific rules about keeping employees safe. These include providing lists of exposure limits so employers are aware of what is safe and what is not. OSHA has also set exposure limits, which address how much exposure, both physical and air borne, employees may have to certain substances.

What are the most dangerous jobs?

As a worker in New York, you have the right to know if your occupation is dangerous. Sometimes it is clear that a specific job is risky, but other times, it is not quite so clear. The first step to preventing workplace injuries is being aware because it allows you to be more vigilant about safety. Time compiled a list of the most dangerous jobs in 2015, which outlines the industries topping the list.

Narrowing down the riskiest job is complex because it varies based on what criteria you choose. However, it is easy to say that some jobs are simply more of a risk to your physical well-being than others. Logging, trucking, farming, fishing, and aviation were the most dangerous industries in 2015 with the most deaths and injuries compared to other industries. The top risks included being struck by an object, being involved in a transportation accident and falling.

Defining the dangers of relying on heuristics in healthcare

You go to a doctor in Manhattan typically expecting the following: a brief review of your medical record, some questions about why you felt the need for the visit, a physical assessment, and some diagnostic tests to determine what may be wrong with you. The end goal of this process to come up with a reliable diagnosis. However, as we here at Rosenbaum and Rosenbaum, P.C. can attest to, doctors may allow their opinions to be swayed by factors other than the clinical indicators they see from you.

The Agency for Healthcare Research and Quality notes the fact that heuristics are often used by clinicians during the diagnostic process. Heuristics are defined as shortcuts, protocols, or general "rules of thumb." in healthcare, they are viewed as accepted standards that many providers adhere to based off of either education, experience, or expert opinion. While you certainly might not blame a doctor for relying on such factors, adherence to heuristics can present problems if your doctor does not give credence to anything contradicting them.

  •          The main types of heuristics that lead to problems in healthcare include:
  •          Diagnosing patients based off of experience with past cases
  •          Relying on an initial diagnostic impression even if subsequent testing proves to be contrary
  •          Basing diagnoses off collateral information
  •          Placing too much faith in test results and expert opinion

What are New York’s school bus seat belt laws?

Every day that you send your child off to school, you are entrusting his or her care to someone whom you may not know operating a vehicle that, by all outward appearances, requires special skills to drive. This lack of knowledge and control over your child’s well-being may seem unsettling. Knowing exactly what the safety and liability standards are for school buses may help to put your mind at ease (or even empower you to push for added safety protocols).

According to the New York State Governor’s Traffic Safety Committee, all school buses manufactured after July 1 of 1987 must be equipped with seat belts. However, state law does not currently mandate that such restraints be used. It instead leaves that decision up to the individual school districts. The only exception to this rule is for children under the age of four, who must secured in a federally approved child safety seat when riding on a school bus. You may ask why the state would require that buses be equipped with seat belts, only to then not require that they be used. The generally accepted answer is so that bus drivers are not tasked with doing seat belt checks with every new pickup, which could greatly slow down their routes.

Understanding vehicle recalls

If you have ever owned a vehicle in New York, you may well have received a notice from the manufacturer about a recall of some sort. In many cases, these many well seem routine as they are not uncommon and they typically involve you taking your vehicle to a dealership for a repair at no cost to you. However, as routine as these recalls may be, they should be heeded. Also, understanding what may prompt a recall can be important for you as a consumer.

According to the National Highway Traffic Safety Administration, there are two general scenarios that may lead to you receiving a vehicle recall notice. One of these is when your safety or the safety of others may be compromised due to some type of defect. The defect may be related directly to the vehicle itself or it may be related to a component or part of the vehicle. Another cause of a recall could be the failure of a vehicle or a vehicle's component to satisfy the requirements of the Federal Motor Vehicle Safety Standard.

Recovering your losses following a battle of car versus person

Over recent years, more and more individuals have chosen walking as a favored means of transportation. You may find that the sidewalk offers numerous benefits, such as avoiding traffic and/or high fuel costs. Perhaps you live in a densely-populated area, and, therefore, you are often able to make it to and from your destination much faster if you walk. However, there are some risks involved in almost all circumstances where pedestrians are walking near any form of motor vehicle traffic.

In the battle of car versus person, you probably already know the outcome. Accidents that occur under these circumstances often end in disaster. If you were involved in a pedestrian accident resulting in serious injuries, you could be entitled to seek compensation, but you may be unsure of how to proceed.

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