In California, a nursing home tried to move a wrongful death case into federal court and was rejected. The nursing home was Glenhaven, and the plaintiffs are the family members of deceased resident Ricardo Salana, who died at age 77 after contracting Covid 19. The family has sued the company for elder abuse, willful misconduct, negligence, and…
New York is a no-fault state. That means when you get into a car accident, you might not need to launch a personal injury lawsuit. In the vast majority of car accident cases, each party’s insurance company will pay their own expenses up to their PIP policy limits regardless of who caused the accident. This…
There’s a fine line between medication and poison. Being prescribed the wrong medication, or the right medication in the wrong amounts, can lead to a wealth of dangerous side effects. It can even kill the unlucky patient. The Academy of Managed Care Pharmacy reports that medication errors harm at least 1.5 million people every year,…
Here in New York City, the number of pedestrians usually outstrips the number of drivers. Car accident cases aren’t the only dangers those pedestrians face. Falling objects, including ice, household items, air conditioners, construction debris, scaffolding, and tree branches can also create numerous hazards. What can you do if you take major injuries from falling…
While elevator injuries are not common, they still happen. Here in New York City, most people use elevators on a regular basis. That’s why the law requires all property owners to inspect elevators twice annually and maintain an active maintenance contract with approved elevator agencies. Property owners are also required to keep detailed maintenance logs…
A recall alone does not prevent you from suing over harm caused by a defective product, but it can complicate your case. It opens the door for the manufacturer to claim that you assumed the risk by continuing to use the product. This doesn’t mean we’re without counterarguments. For example, if you never received a…
The pain and suffering award is the most negotiable part of your personal injury settlement. Your medical bills are easy enough to calculate from the actual amount of the medical bills. If you can return to work, then your lost wages are as simple as calculating a few weekly paychecks. Pain and suffering is different.…
If your injuries are catastrophic enough to keep you from working in the future, or significantly diminish your ability to work in the future, then you might have a loss of earnings or diminished earning capacity claim. How are those claims calculated? After all, no one can know for sure how much money you would…
Your own actions during any personal injury lawsuit will play a big role in the amount of compensation you are able to recover. Sadly, many people make major mistakes long before they get their case to a lawyer. If you haven’t started to handle your case yet, you’re in luck. You can start taking the…
Did you know that property owners have a legal obligation to ensure that their locations provide adequate security measures to their visitors? While sometimes getting robbed, assaulted, or victimized in other ways is unavoidable, there are cases when the crime is a direct result of failing to take these measures. Failures could look like: A…