Archive for the ‘Personal Injury’ Category

Timely Settlements for NYC Medical Malpractice Cases Using Judge-Directed Negotiation

Monday, January 23rd, 2012

“Personal Injury is All We Do”

In 2002, Judge Douglas E. McKeon, Bronx Supreme Court Justice devised a program that he called judge-directed negotiation to facilitate settlements with 11 NYC hospitals operating under New York City Health and Hospitals, Corp. Cases predisposed toward settlement were sent to the judge, and he directed negotiations between the NYC medical malpractice lawyers and counsel for the hospitals. These Bronx medical malpractice cases that normally took several years to move through the justice system resolved in under a year.

According to a Washington Post article , the federal Agency for Healthcare Research and Quality funded Judge McKeon’s program with a $3 million grant to expand the program and include more NYC hospitals. Policy experts are viewing it as a national model for handling medical liability cases.

Currently, legal systems are bogged down with prolonged medical malpractice cases that often pass through several judges before conclusion. In addition, court procedure does not create an atmosphere that favors settlement. Pre-trial discovery for medical malpractice cases often lasts months or years, and the more time invested in this trial phase, the less likely parties are to enter into negotiated settlements.

While case resolution takes less time, the average payout is less. However, clients are able to receive settlements in a timely manner and less legal expense goes into managing cases. Parties that do not settle still have the option of litigating.

If you suffered serious injury as a result of medical malpractice, an experienced Suffolk County medical malpractice lawyer can review your situation and determine the prospects of pursuing a case.

Durable Power of Attorney – Are You Prepared for the Unexpected?

Friday, July 29th, 2011

At Rosenberg & Gluck, where our attorneys focus on helping clients who suffer serious personal injuries, our cases frequently underscore the importance of powers of attorney. Too often, we see cases involving catastrophic injuries; individuals become disabled, suffer brain trauma or may be in a coma after an accident and are not able to execute documents on their own behalf. In such circumstances, the spouse or other family member has to go to the Surrogate Court to seek appointment as a guardian, with the power to manage affairs and make medical decisions for the incapacitated individual.

A Power of Attorney (POA) is a legal document that conveys authority to another to act on your behalf concerning medical, financial and other matters. A general power of attorney becomes null and void when the person giving the power becomes incapacitated. That means if someone experiences dementia, brain damage or is otherwise incapable of communicating the person who received the power of attorney no longer has authority to act on behalf of the incapacitated individual. A Durable Power of Attorney, however, remains in effect in spite of a subsequent disability.

While a Durable Power of Attorney can benefit anyone who finds himself unexpectedly incapacitated, the legal document is also a “must have” for the elderly. Once an elderly person starts to lose mental capacity, it is too late to establish a power of attorney. With a POA in place, if the nursing home resident, for example, has an injury, develops bedsores or is a victim of other negligence, the person who has the POA can hire an attorney without having to go through a long process of getting a Guardian appointed under New York’s Mental Hygiene Law.

Chances are, if you have prepared a last will and testament or estate plan, your attorney will have recommended a power of attorney to ensure that you have covered the possibility that you may need someone to act on your behalf, at some point in the future. If you, an aging parent or someone you care about does not have a durable power of attorney, we encourage you to prepare for life’s unexpected turns.

The New York law firm of Rosenberg & Gluck is located on Long Island. When you need trusted legal advice and guidance concerning a serious personal injury, call our office at 631-451-7900 or toll free at 1-888-LI-LAWYER (1-888-545-2993). We will be glad to arrange a no cost, no obligation case evaluation.

Proving Liability Claims for Long Island Railroad Accidents

Wednesday, July 6th, 2011

If you suffered an accident on the Long Island Railroad or if a serious injury or death in your family occurred, you need to understand that personal injury or wrongful death litigation against a railroad can be difficult and exhausting. No industry in the United States has more experience defending against lawsuits than the railroads.

Experienced Attorneys with an Established Record of Success

At Rosenberg & Gluck, LLP, our lawyers can level the playing field against the railroads in accident litigation. Rosenberg & Gluck, LLP is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. The firm’s experience with the investigation and proof of complex claims can make a significant difference in your case results.

Railroads make tough adversaries in personal injury and wrongful death litigation. Unlike serious car accident cases, where it often becomes clear early that the plaintiff will be entitled to damages in the amount of the policy limits, railroads have the incentive to require strict proof of liability and detailed damages presentations before they will come forth with a realistic settlement offer.

Our law firm knows how to stand up to well-funded defense teams with substantial assets and reputations to protect. Rosenberg & Gluck’s attention to detail across the full range of your case can ensure that your damages claim will be fully documented and supported when necessary by the testimony of highly respected experts.

We also know how to prove such elements of loss as future treatment needs, projected income losses, and requirements for living assistance or therapeutic services in the worst accident cases.

Long Island Railroad Accident Attorneys: Call 631 451 7900

To learn more about our approach to client service in railroad accident litigation, contact Rosenberg & Gluck in Holtsville. You can also learn more about our law firm on our website, www.lilawyer.com.

Dealing with the Aftermath of Severe Burn Injuries

Tuesday, June 14th, 2011

Some of the worst injuries that a person can suffer and survive are serious burns caused by fire, explosion or chemical exposure. People who need legal advice about their right to compensation for severe burns will also usually need practical advice and support throughout the period of treatment and convalescence.

At Rosenberg & Gluck, LLP, our attorneys work closely with burn victims and their families to help them through the ordeal of recovering from their injuries while working to recover as much as possible on their legal claims. Our experience with severe and catastrophic accident claims of all kinds can help you get through your accident.

Holding All Responsible Parties Accountable in Burn Injury Cases

Proof of liability in a burn case can be complicated. For example, in a motor vehicle accident case, it might not be enough to prove the other driver’s negligence, especially if the policy limits are too low to cover the expenses of repeated rounds of surgery and extended therapy. Our lawyers therefore work with industrial engineers and automotive designers to see whether a claim for defective design of the gas tank or fuel system can expand the resources available to cover your needs.

We also investigate and litigate burn injury cases involving household appliances, industrial machinery and equipment, or exposure to caustic chemicals. While developing the case for liability and damages against one or more accountable defendants, we also work closely with each client family to make sure that your current needs are being met.

Long Island Burn Injury Attorneys: Call 631 451 7900

To learn more about the ways you can benefit from our experience with burn injury cases, contact Holtsville, New York personal injury attorneys Rosenberg & Gluck.

Establishing Liability on Appeal – Grossi v. Sylak

Wednesday, May 18th, 2011

Long Island Civil Appeals Personal Injury Attorneys

We represented a client who was injured in an auto accident when a car slid on the ice and impacted our client’s car. After exchanging insurance information, our client then slipped on the ice, suffering injuries as a result. Initially, the Supreme Court, Suffolk County, agreed to a summary judgment, dismissing our client’s complaint seeking compensation for injuries suffered as a result of slipping on ice.

Our personal injury attorneys reviewed the facts and legal issues involved in the Supreme Court’s decision and prepared an appeal on behalf of our injured client. The Supreme Court of New York, Appellate Division Second Judicial Department, reversed the earlier decision in favor of a summary judgment to dismiss our client’s case.

Here, the Supreme Court of New York found there was no reason of fact to think our client’s injury weren’t causally related to the initial accident. Had the defendant not hit our client’s car, our client would not have had to leave their vehicle. The Court found in favor of our client, reversing the earlier Court’s decision in favor of summary judgment to dismiss our client’s complaint.

Injured in an Accident? Contact Rosenberg & Gluck

Insurance companies and their lawyers are only too happy to find ways to reduce and challenge claims payouts. If there is a technicality that can be leveraged to challenge an injury claim, it’s likely that an insurance company will exploit it. That’s why it’s essential to consult an experienced personal injury attorney if you’ve been injured in a car accident, truck accident, bicycle accident, construction accident, or slip and fall accident.

The reality is insurers have teams of lawyers to protect their interests. At the Long Island personal injury law office of Rosenberg & Gluck, we have the resources and experience to provide a balance of power in the courtroom. If you’ve been injured in an accident, contact Holtsville, New York personal injury attorneys at Rosenberg & Gluck.

Holtsville, New York, Wrongful Death Attorney

Tuesday, May 10th, 2011

In the state of New York, the statute of limitations for personal injury cases is three years. However, in the case of wrongful death, the statute of limitations is generally only two years from the date of death. While two years may seem like a long time, it’s really not, especially in fatal accidents in which there may initially be some questions regarding the cause of the accident and the party responsible for causing it. For example, in a fatal car accident the absence of a guardrail or a design flaw in the car itself may be a contributing factor in someone’s death. However, this fact may only come to light after months of investigation into a fatal car accident. For these reasons, it’s important to begin a thorough investigation into fatal fires, car accidents, surgeries, construction accidents and adverse drug reactions immediately.

Establishing Liability in a Wrongful Death Case

In fatalities involving pharmaceuticals, dog bites, criminal assaults and even medical malpractice, it’s not necessary to establish negligence or intentional wrongdoing in order for a family to receive compensation for the loss of a family member. In cases involving animal attacks and dangerous drugs, strict liability attaches to dog owners and manufacturers of pharmaceuticals. As a result, in a number of different kinds of wrongful death cases, the question of intent — or gross negligence — may not even be an issue.

In cases involving deaths due to medical malpractice, difficult questions may be involved as to whether the actions of doctors or other health care professionals caused the death of a patient. Here, a knowledgeable medical malpractice attorney must evaluate questions involving prior conditions, the risks involved in a procedure, whether standard treatment protocols were followed and other matters.

Who Can File a Wrongful Death Lawsuit?

In general, dependents or beneficiaries of the deceased can file a wrongful death suit. Compensation for the loss of a family member includes both economic and noneconomic damages suffered as a result of wrongful death. Here, damages may include compensation for funeral costs, medical bills and lost wages. Noneconomic damages typically involve loss of consortium, loss of guidance regarding children of the decedent and general pain and suffering experienced by the decedent prior to death. While some states have capped the amount of noneconomic damages that can be awarded, New York has not.

Holtsville–Long Island Wrongful Death Attorneys Rosenberg & Gluck

If you have lost a loved one in a fatal accident, contact wrongful death attorneys at Rosenberg & Gluck to learn how we can help you. We have resources needed to conduct our own investigation into a fatal accident and get the kinds of answers those responsible are almost never willing to provide on their own. Call today — we can help.

Investigating Construction Accidents and Third-Party Liability

Monday, April 25th, 2011

Long Island-Holtsville Construction Accident Attorney

Even though workers’ compensation covers injuries sustained while working on the job, what happens if a contractor or subcontractor present at your job site played a role in the work accident that injured you? While you can’t sue your employer, you can sue third parties that are responsible for causing construction accidents that result in injury or fatalities. Of course, contractors and their insurers are likely to dispute any allegations that they’re responsible for safety violations and other forms of negligence that caused a construction site accident.

That’s why it’s important to work with an experienced construction accident lawyer who can use a team of investigators and safety experts to expose negligence on the part of the contractor or subcontractor responsible for injuring you.

Why Investigate Construction Accidents? Isn’t Workers’ Compensation Enough?

Depending on the severity of your injuries, workers’ compensation may not be enough to cover your medical costs and lost wages. Suing the third party responsible for causing the accident that injured you allows you to recover additional compensation over and above what you receive from workers’ compensation. However, the contractor or subcontractor involved isn’t going to admit to acting negligently — that’s why it’s important to investigate construction accidents.

What Do Accident Investigators Look for in Construction Accidents?

The body of law and regulations that govern construction in New York is considerable. There are laws and regulations regarding scaffolding, crane operators, plumbing, roofing, electrical work, pouring cement, and on and on. When a contractor fails to comply with codes and regulations, that contractor can be held liable for his or her negligence.

Investigating a construction accident allows experts to interview other workers, inspect materials, analyze blueprints, ladders and electrical lines, and do anything else to determine if the evidence contradicts the claims of a contractor. Investigators can also inspect scaffolds and cranes to determine if a contractor complied with all proper safety requirements and precautions.

Injured in a Construction Accident by a Contractor? Call Rosenberg Gluck

If you’re suffering from a brain injury, spinal cord injury, burns, amputation or other serious injury due to the negligence of a contractor at a construction site, contact Long Island construction accident attorneys at Rosenberg & Gluck today to schedule a free consultation and discuss your case.

Driver Inattention, Following Too Closely, & Truck Accidents

Thursday, February 24th, 2011

Holtsville Truck Accident Attorneys

In 2009, of the 9,828 truck accidents reported by police in New York, the two most common causes of truck accidents were driver inattention and following too closely. In fact, of the 9,828 truck accidents reported, 1,830 involved driver inattention while 1,251 involved following too closely. Interestingly enough, failure to yield the right of way accounted for 1,140, the third largest cause of truck accidents in New York. Although not all of these truck accidents resulted in personal injury, many of them did: driver inattention resulted in 650, following too closely in 577, and failure to yield the right of way in 488. What do these numbers tell us?

Truck Accidents, Driver Training, and Human Errors

First, in 2009 – on average – these three causes of truck accidents alone accounted for roughly 12 truck accidents a day in New York State. Ignoring fatalities, they also accounted for roughly 5 injury accidents a day. Second, each of the three most common causes of truck accidents are due to negligent driving or human error. This raises questions regarding driver training and, in the case of following too closely, pushing deadlines and speeding in order to deliver freight on time.

When one includes the fourth, fifth, and sixth most common causes of truck accidents – improper lane passing, unsafe lane changing, and unsafe speed respectively – these concerns are more apparent. Third, the most common cause – driver inattention – suggests a complete breakdown in attention and focus on the part of truck drivers. The question here is, why? Are cell phones or texting involved? Eating while driving? Driver fatigue?

Investigating Truck Accidents – Uncovering what Happened

It’s no secret that trucking companies train drivers in what to say and do after an accident. As a result, it’s not likely a truck driver will admit to having caused an accident due to texting, tailgating, or changing lanes without first making sure no one was driving in his truck’s blind spots. Consequently, it’s important to investigate the circumstances surrounding a truck accident and expose negligence on the part of the truck driver that hit you.

If You’ve been Injured in a Truck Accident, Contact Rosenberg & Gluck

Once you’ve hired an attorney to represent you, insurance agents or lawyers representing a truck company must contact your attorney to discuss any issues pertaining to your case. At the Holtsville, New York personal injury law office of Rosenberg & Gluck, we understand how to deal with insurers and truck companies. We also work with experienced accident investigators when determining what caused a truck accident.

Protect your interests and learn how we can help you – contact Holtsville truck accident attorneys at Rosenberg & Gluck to schedule a free consultation today.

Back and Neck Injuries

Friday, February 11th, 2011

New York Spinal Cord and Whiplash Accidents

Serious back and neck injuries often take months or even years to heal. They often involve disability and the need for extensive physical therapy. If the spinal cord is severed or extensively damaged, paraplegia or quadriplegia can result in a lifetime of in-home care, a need for different kinds of medical equipment, and the risk of medical complications due to pressure sores and a loss of muscle. For these reasons, it’s important to understand what the long-term consequences of a back or neck injury are and the financial needs they create in the short term and for the future.

Whiplash and Neck Injuries

Whiplash occurs when the head is suddenly snapped forward or backward. When this happens, the muscles in the neck don’t have time to react and, as a result, are unable to restrain or hold the neck within a normal range of motion, extending the neck beyond what it is used to. When the neck is hyperextended in this way, ligaments and muscles that support the neck can be overstretched and torn.

In particularly severe forms of whiplash spinal joints, nerve roots and discs can be injured or dislocations and fractures can occur. When the injured tissue begins to swell, further compression on nerve roots can aggravate what may have at first seemed like a mild whiplash injury.

If severe, a whiplash injury can take months to heal and still result in long-term health issues. In these cases, it’s not uncommon for a person to experience chronic back or shoulder pain, numbness or tingling in the arms, ringing in the ears, dizziness, vision problems, disorientation, problems with memory or concentration, difficulty sleeping, and depression.

Back and Spinal Cord Injuries

Back injuries, especially those sustained in car , truck, motorcycle, bike or construction accidents, often involve herniated discs, spinal fractures and damage to the spinal column. As a result, it’s not uncommon for back injury victims to experience chronic pain, loss in mobility or even paralysis. In cases where an injured disc requires spinal fusion surgery, the costs and recovery associated with the procedure involved are substantial.

For these reasons, it’s important to understand your prognosis, the likelihood of future complications and how your injury may prevent you from performing certain kinds of work. All of these factors play an important role in determining the financial consequences of a back injury.

Contact Long Island Neck and Back Injury Attorneys at Rosenberg & Gluck

Even if you were involved in a low-impact car accident, the full extent of your neck or back injury may not be immediately obvious. However, insurance companies realize if they can get you to agree to a settlement as soon as possible, you won’t be able to sue them later. That’s why it’s not uncommon for an insurance claims adjuster to call victims of head or neck injuries soon after a car, bicycle, truck or pedestrian knockdown accident.

If you’ve suffered a neck or back injury after a motor vehicle or construction accident, contact Long Island personal injury lawyers today to schedule a free consultation. Our lawyers can evaluate your case and explain the legal options available to you while helping you take steps to assert your rights under the law.

CONTACT US TODAY

631-451-7900
Free Initial Consultation

1-888-LI-LAWYER
(1-888-545-2993) Toll-Free

MAIN OFFICE

Rosenberg & Gluck, L.L.P. Attorneys at Law
1176 Portion Road
Holtsville, New York 11742
Phone: 631-451-7900

Map & Directions

Testimonials

Read what other people have to say about the firm