In the most recent issue of the Nassau Lawyer, the Nassau County Bar Association’s newsletter, Ira Slavit of Levine and Slavit, PLLC, wrote about the case of Santoro v. Poughkeepsie Crossings, in which a woman was sued by a nursing home for allegedly causing her mother’s death. Specifically, the nursing home initiated a third-party counterclaim against the woman for allegedly contributing to her mother’s death when she brought a wrongful death suit against the nursing home.
While the nursing home’s claims were ultimately dismissed by the Second Department of the New York State Appellate Division, it is an important case … Read the rest
On July 16, 1969, astronaut Neil Armstrong and the rest of the crew of Apollo 11 launched from Cape Kennedy with the goal of being the first humans to land on the moon. On July 20th the goal was reached, in what would be deemed “one small step for man, one giant leap for man-kind.” Upon returning to earth, the astronauts were seen as American heroes. Unfortunately, in 2012, Neil Armstrong passed away after undergoing an emergency heart surgery at a Cincinnati Ohio hospital.… Read the rest
Losing a family member as a result of a medical error can be extremely difficult. Each year, there are many cases involving medical mistakes that result in injuries or even death. According to the Centers for Disease Control and Prevention (CDCP), medical error is one of the top five leading causes of death in the United States.… Read the rest
With warmer weather approaching, many riders will begin to take out their recently tuned up motorcycles for a test drive. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to be a victim of a deadly accident. While it is hard enough for family members and loved ones to lose someone close to them, it may be even harder to lose someone unexpectedly as a result of a fatal crash. Oftentimes, deadly motorcycle accidents occur as a result of:
- Driving at an excessive rate of speed;
- Failing to pay attention;
- Operating a motorcycle under
… Read the rest
A wrongful death claim arises when someone dies as a result of another person’s negligent act. A representative or agent of a deceased person’s estate may file a lawsuit on behalf of the deceased against the person responsible for the death. Wrongful death actions arise from personal injury claims, automobile accidents, medical malpractice, and construction accidents, among others.… Read the rest
It’s a parent’s worst nightmare. A mother brings her toddler in for a routine dental procedure and her child passes away. That is the reality for Betty Squire, a young Texas mother whose 14-month-old daughter, Daisy Lynn Torres, died after being administered anesthesia for a cavity filling in March 2016. This recent tragedy brings to light the dangers of using anesthesia on children during minor dental procedures.
When Ms. Squire brought Daisy into the dentist’s office at Austin Children’s Hospital to have two cavities filled, the dental staff informed her that they were going to put her under anesthesia and … Read the rest
The April 6, 2015 death of a construction worker at a Ninth Avenue New York City construction site has initiated an investigation into the owner of Sky Materials Corporation, an excavating subcontracting company. After an extensive investigation, owner Michael Cholowsky was indicted for concealing payroll information and submitting false documents regarding the number of employees he hired. The charges are first degree workers’ compensation fraud, and filing false statements, along with other criminal charges stemming from the construction accident.
During the April 2013 to April 2014 time period, Mr. Cholowsky allegedly falsely reported to the New York State Insurance Fund … Read the rest
Motorcycle accidents can easily lead to serious injury or death, often times with riders and passengers sustaining injuries to their head, neck, arms, and legs. According to New York State Department of Motor Vehicles, during 2014, there were a total of 1,330 motorcycle crashes in New York City.
One reason why motorcyclists must be attentive is because it may be more difficult to see a motorcycle than a vehicle. At times motorcycles can be missed on the roadways because of another vehicle’s blind spot. Another cause for the serious nature of motorcycle injuries is that a motorcycle offers no protection … Read the rest
On May 11, 2015, the New York Committee for Occupational Safety and Health unveiled alarming findings from their latest study, “Price of Live: 2015 Report on Construction Fatalities in NYC”. The study found that construction accounts for 20% of on the job fatalities in New York State although it accounts for less than 4% of employment, it represents 20% of on the job fatalities in New York State.
Other key findings involve fatalities resulting from falls at construction sites. Falls from deadly heights make up half of the construction fatalities in New York State and 71% of all injuries in … Read the rest
Personal injury lawsuits are filed in order to hold negligent parties responsible for their actions that led to an injury. By doing this, people are able to obtain damages that cover losses and assist with recovery. There are a number of misunderstandings about damages, however, which is what we’re hear to clear up.
Our team of personal injury lawyers would like to take a few moments right now to consider some of the basics with regard to damages in civil cases. We will turn some of this focus on how they are determined.
What are damages in a personal injury
… Read the rest