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Metro New York personal injury attorney TBI

Traumatic brain injuries (TBI) occur when a person receives a sudden and violent blow to the head or when an object pierces the skull and damages brain tissue. TBIs can result from car crashes, slip and fall accidents, assaults, and other incidents. Severe TBIs can cause long-term, debilitating symptoms. Victims of TBI are often burdened by overwhelming medical expenses and left unable to work. If you or a loved one has suffered a TBI, a personal injury claim may help you recover compensation for your damages if another party’s negligent actions led to your accident.

Symptoms of a Traumatic Brain Injury

The brain is responsible for a wide range of crucial body functions, including sensory information processing, memory, thought, muscle movement, and the regulation of breathing and blood pressure. When the brain is damaged, the results can be catastrophic. TBI sufferers may experience headaches, dizziness, blurred vision, confusion, inability to concentrate, memory problems, changes in mood, and more. In severe TBI cases, the sufferer may experience these symptoms as well as vomiting, seizures, slurred speech, numbness, inability to awaken from sleep, loss of coordination, and cognitive impairment. A concussion is a common form of TBI that can vary significantly in severity. Some people suffer a concussion and do not even realize it. Others, especially those who develop post-concussion syndrome, may experience incapacitating symptoms for weeks or months after the injury-causing incident.  

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Greenwich, CT will, trust, and probate attorney

You may be surprised to learn that about 6 out of 10 U.S. adults do not have a will. There are a multitude of benefits associated with creating a last will and testament, but many Americans procrastinate creating a will, trust, or other estate planning documents until it is too late. Understandably, it can be uncomfortable to consider what will happen to your assets when you pass away. However, dying without an estate plan, called dying intestate, places a huge burden on your loved ones and takes away the ability to make your own decisions about how your property is passed down to heirs. If you are ready to start creating an estate plan, you may wonder, “What is the difference between a will and a trust?” Both of these estate planning tools carry certain advantages and disadvantages, so it is important to make an informed decision about the type of estate planning documents you use.

Last Will and Testament

When most people think of estate planning, they usually think of the term "last will and testament." Creating a will allows you to decide how your assets are distributed to heirs and eliminates the responsibility put on family members. A will also allows you to assign guardianship of minor children if something should happen to you and your children’s other parent. Without a will or other estate planning document, your property will be allocated according to state law. A last will and testament takes effect when the testator, or person who created the will, passes away. Unlike trusts, property passing under the terms of a will requires probate. Probate is the legal process during which:

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In today’s world, nearly every adult has some form of social media,whether it be Facebook, Twitter, Instagram, etc. Social media has provento provide a wide array of exciting possibilities and opportunities, particularlyfor those who enjoy sharing their thoughts, emotions, and lives online.However, many people do not realize the power of social media and howdamaging it can be, especially in terms of the law. You may have experiencedthe regret of posting something you wish you hadn’t, only to goback and delete it later. While this may have little to no consequencesin your personal life, this all changes following an accident or injuryat the hands of another.

When someone is injured due to the negligence or misconduct of another,social media can inadvertently return to hurt them later. Sometimes, victimsof injury may post a photo of their damaged vehicle or update their friendsabout the experience they have just endured. Though this may seem likeinnocent behavior for someone who is not at fault for the incident, thetruth can quickly be manipulated to alleviate the guilty party of anyresponsibility. In fact, it is a common practice for insurance companiesto use social media as evidence to devalue an otherwise credible claim.

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Following a traumatic and unexpected accident that leaves you injured,you are likely counting down the days to get back on your feet as soonas possible. While a swift insurance payment may be appealing in yourmoment of need, immediately resolving your claim and agreeing to a payouttoo quickly is one of the most mistakes you can make. Knowing the perfecttime to settle your claim is a sensitive matter, one that requires theexpertise and skill of a legal team you can trust.

Before you decide to accept the insurance company’s offer, make sureyou have thoroughly considered the following:

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If you’ve ever watched a motorcycle zoom by as you’re sittingin heavy traffic, you’ve already witnessed the practice of lane splitting first-hand. By driving in-between crowded lanes, motorcyclists often hopeto avoid long traffic wait times. Of course, this practice is currentlyillegal in the state of New York, and a growing body of evidence showsthat lane splitting is also dangerous.


Were you injured as a result of lane splitting? Contact Ivey, Barnum & O’Mara, LLC to seek justice for your injuries!

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According to the Governor’s Highway Safety Association (GHSA) therewere at least 6,000 pedestrian fatalities in 2017, all of which were directly caused by motor vehicle drivers. Add in pedestriandeaths caused by other road hazards, and the total rises to nearly 7,500.As the GHSA notes, these staggering numbers aren’t just a tragictestament to the individual lives lost: They also represent an alarming25-year high in pedestrian fatalities across the country.

With increased distractions from smartphones, higher rates of marijuanaand alcohol intoxication, and additional threats posed by electric micro-vehicleslike Bird and Lime scooters, pedestrians face more dangers on the roadthan ever before. At Ivey, Barnum & O'Mara, LLC, our accidentlawyers can help you seek compensation if you were severely injured asa pedestrian, or if your loved one was wrongfully killed due to the actionsof a negligent driver.

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When grocery store staff fail to clean up on Aisle 6, the results can oftenbe far more serious than a messy storefront. If an unsuspecting shopperhappens to slip on the wet floor, they may sustain injuries to fragileareas like the spine, head, and neck - and need lifelong medicalcare to treat the permanent conditions that follow.

Fortunately, the law allows for injury victims to bring a lawsuit againstthe negligent grocery store, under the legal concept known as premises liability. Of course, in order to be successful with a slip and fall claim, you’llneed to have the assistance of an experienced attorney. Because grocerystore chains often have significant wealth and resources, they may beable to downplay your injuries as minor, or claim that you could haveavoided the offending patch of floor.

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Chances are good that you’ve heard a range of myths and home-brewedadvice about concussions. Although they’re often depicted as superficialissues at best, the truth is that doctors classify concussions as formof mild traumatic brain injury, or TBI - meaning that it’simportant to seek medical attention regardless of the perceived severity.

From staying awake to skipping the doctor, much of the common advice forconcussion patients is also inaccurate and can downplay the gravity ofthese serious injuries. If you’ve sustained a TBI, you could beeligible for compensation from the negligent party, especially if it wascaused by intentionally wrongful action. Our personal injury team at IveyBarnum & O’Mara, LLC has years of experience helping clientsnavigate these claims, and we can fight for the fair recovery you deserve.

Understanding a Concussion Diagnosis

When the brain’s soft tissue is damaged by extreme force, the resultinginjury is often classified as a TBI. Whether that extreme force involvedan open head wound or a blunt object is irrelevant: Hitting your headin almost any context can cause your brain to suffer bruising, bleeding,cell death, and tissue rupture. Although physicians do treat TBIs differentlydepending on the severity, concussions almost always classify as someform of TBI.

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Posted on in Personal Injury

When you’re pursuing a personal injury claim in New York, it’simportant to share the details of any pre-existing conditions or injurieswith your attorney. Although it might seem unnecessary, sharing this informationfrom the beginning can save your case in the long run, as your lawyerwill be better prepared to navigate around the “eggshell skull rule.”

Also called the “eggshell plaintiff theory,” this legal principledictates that the defendant must “take their victim as they foundthem” - meaning that you are still entitled to pursue a personalinjury claim when you have a pre-existing condition. However, withoutthe right Greenwich personal injury lawyer, you may have a more difficulttime securing maximum compensation.

How Insurance Companies Use the Eggshell Skull Rule

The eggshell skull rule was designed to protect plaintiff’s rights,as it prevents cases with pre-existing conditions from being automaticallydismissed. In spite of this noble intention, insurance companies are infamousfor using the eggshell skull rule to profit. By claiming that all of aneggshell plaintiff’s injuries stem from their prior conditions,and not from the accident at hand, insurers can often convince juriesto reduce the total amount awarded.

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As anyone suffering from post-traumatic stress disorder (PTSD) alreadyknows, going back to your everyday routine after a major trauma can beincredibly painful and disorienting. However, although most people arefamiliar with the basic concept of PTSD, few really understand how itcan transform your entire life after an accident.

At Ivey, Barnum & O'Mara, LLC, our Greenwich personal injury lawyers are committed to helping victims of PTSD get the recovery they need toheal, particularly when their PTSD was directly caused by another party’snegligence. While it can sometimes be a challenge to convince a jury aboutyour PTSD damages, the right attorney will be able to communicate thetrue scope of your condition, and secure maximum recovery for your case.

Who Is Affected by PTSD?

Contrary to popular perception, post-traumatic stress disorder affectschildren and adults from all walks of life, and it’s not just limitedto war veterans. Last year, the National Institute of Mental Health found that 3.6% of all U.S. adults had a diagnosed case of PTSD, with a lifetime prevalence rate of 6.8%. Experts also believe that manypeople are living with untreated PTSD, due to the fact that 70% of adultswill deal with a traumatic event at least once in their life (althoughnot all will go on to develop PTSD.)

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The New York construction industry has seen a significant increase in buildingprojects over the last few years, and while this has mostly been a positivefor the city as a whole, there has also been a substantial increase inserious accidents involving construction workers. According to the New York Committee for Occupational Safety and Health, construction-related deaths hit a record 14-year high back in 2016, andduring the first half of 2018, the numbers only continued to increase.

At Ivey, Barnum & O'Mara, LLC, our Greenwich construction accident lawyers can provide aggressive representation for workers who become seriouslyinjured during a construction accident. In this post, we’ll discussthe increased risks of injury for construction workers - and whatyou can do if you become injured due to a coworker or property owner’snegligence on your work site.

New York Construction Boom Comes at a Heavy Cost

New building projects are nearly always a good thing for local economies,and in a city like New York where real estate comes at a premium, anyboom of construction activity has the potential to help thousands. Asrecord numbers of construction permits have been requested in 2018, thislatest boom has proved to do just that: It has led to new jobs for constructionworkers and real estate professionals, desperately needed housing opportunitiesfor families, and many other economic advantages.

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Regardless of the degree, a Traumatic Brain Injury or TBI is a seriousmatter. Ranging from mild symptoms like headaches and confusion, to moreserious symptoms like full-body paralysis, coordination loss, and chronicseizures, a TBI can negatively impact the course of your life, and requirenear-constant medical assistance.

When you’ve sustained a TBI, our White Plains personal injury lawyerscan help you seek the financial recovery you need. We’ve won manysuccessful case outcomes for this type of injury, and we can work withskilled medical and after-care experts to create a strong legal strategyfor your injury claim.

What Is the Cost of a Traumatic Brain Injury?

TBIs are sustained after a blow to the head disrupts your brain’snormal functions. The intensity of the brain injury will vary dependingon the nature of your accident, with the most severe cases tending toshow up on construction sites and in car accidents. However, the reality is that a TBI can be caused by virtually anythingthat hits your head with significant blunt force, from sports activitiesgone wrong to slipping and falling on a wet floor.

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When we think about accidents involving cars and pedestrians, we initially assume that the driver of the vehicle ismost likely at fault. Although the pedestrian typically has the rightof way, the pedestrian can actually be to blame in a pedestrian-car accident.

Pedestrian-car accident cases often hinge on the duty of care owed by thoseinvolved. Both motorists and pedestrians need to follow the rules of theroad and exercise a reasonable duty of care. The care required for pedestriansneeds to be proportionate to the danger to be avoided and reasonably anticipatedconsequences.

Several common factors contributing to pedestrian negligence include:

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Ridesharing services, including Uber and Lyft, increase in popularity aroundthe holidays, especially after parties or celebrations where alcohol wasconsumed. Riders may not be thinking about the safety of the vehicle theyare getting into, but they should be. Recent recalls have affected millionsof vehicles in the U.S., but studies show that only about a quarter ofthe affected cars actually receive the necessary repairs. This means thatyour chances of getting into a recalled vehicle may be high.

Uber claims that they advise drivers to stay up-to-date on any recallsfor their particular vehicle, but some drivers say they have never receivedany specific recall-related information from Uber. There also isn’tenough follow up, which can allow drivers to avoid turning their car infor repairs, and losing a source of income while they wait to get theirvehicle back.

Except for the owner of the vehicle, it can be impossible to tell if thecar has been maintained and had any necessary repairs made to ensure thesafety of its passengers. There are other companies that are pushing toensure that rideshare vehicles are kept safe. Recall Masters is a SanFrancisco based company that helps fleet owners keep their cars up-to-dateon mandated repairs. According to Recall Masters President Chris Miller,the responsibility for fixing cars should fall on the drivers, as wellas the rideshare service company as well. Chris Miller also runs MotorSafety.org,which allows users to scan or enter the VIN number of a car to receiveinformation about recalls. While it may be awkward to ask for this informationor scan the VIN on the doorframe of the car, doing so can allow you tomake an informed decision.

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Posted on in Personal Injury

Winter in New York means snow and ice, which can result in slip and fallaccidents. These type of accidents occur at a higher rate during the winterseason, but it can somewhat difficult to determine liability in thesetype of cases.

New York premises liability laws state that property owners and managersare legally obligated to uphold a reasonable duty of care to keep theirproperty safe by reducing the risk of slip and fall accidents on theirproperty. If a person suffers an injury on the property due to a preventablehazardous condition, such as failure to remove snow and ice from walkways,the property owner can be deemed negligent and be held liable for damages.

Keep in mind, winter slip and fall accidents can occur in various places.Location matter when determining liability.

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Falls constitute a large portion of workplace accidents and often resultin lost productivity, lost wages, and lasting physical harm to the employeesinvolved. They can result from wet floors, unkempt walkways, inadequateflooring, or any other inadequate structuring, cleanliness, or maintenanceof areas intended for foot traffic. While they are common in the construction industry, they can happen in any place of work if conditions are not held to ahigh standard of cleanliness, organization, and overall safety.

Best Practices for Avoiding Workplace Injuries

While the possibility of a serious, life-changing workplace injury maybe daunting, such accidents are entirely avoidable. Workers in any industrycan participate in keeping their environment safe by making an activecommitment to good housekeeping in the workplace. Establishing the importanceof deliberate maintenance often begins with those in leadership, but keepingthe workplace safe requires the participation of employees at every leveland can virtually eliminate the possibility of serious injury.

In order to prevent slips, trips, and falls in the workplace, the firststep is to ensure that walkways are clear of clutter. This can be donethrough simple attention and initiative to do things like:

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Many occupations require employees to be on the road. From travelling salesmento truck drivers, millions of people are required by their employers totravel and be accessible. When accessibility interferes with driving,accidents can happen and, when they do, it can create questions of whois at fault. Is it the employee or the employer?

In most cases, if a person is driving for work, becomes distracted, andcauses an accident, the employer can be held liable. This includes circumstancesin which accidents are caused when an employee is:

  • Texting, video chatting, or otherwise talking on the phone (Employers can be held liable even if the driver’s text or phoneconversation was not work-related.)
  • Eating
  • Grooming or putting on makeup
  • Driving at especially late or early hours or drove for a significant amountof time after work

It may seem odd that an employer could be held liable for such behaviors,but the law requires all businesses and business owners to provide propersafety training and make sure their employees follow all laws and regulations,to which traffic laws are no exception. In any of the above circumstances,an employer could be held liable for counts of negligent supervision.However, an employer could also be charged with vicarious liability, whichoccurs when an employee is involved in a car accident as a result of work-relateddistractions. Negligent supervision and vicarious liability are the twoprimary legal pathways to holding an employer liable in a car accidentcaused by an employee.

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Doctors often prescribe opioid pain medications to alleviate patients’discomfort after an injury, surgery, or procedure. These medications arehighly addictive and many patients have difficulty weaning themselvesoff these powerful drugs without outside assistance. For many patientswho struggle with continued opioid use, it begins with a prescription,develops into a life-altering drug problem, and ultimately leads to death.In such cases the prescribing doctor(s) could be held liable for medicalmalpractice and wrongful death.

Building a Case for Negligence and Medical Malpractice

In order to successfully sue for the wrongful death of a loved one, youwill have to prove that the opioid addiction and corresponding death resultedfrom medical malpractice. In other words, the court will require evidencethat the prescribing doctor failed to demonstrate appropriate care forthe patient, provided inappropriate or inadequate treatment, and thattheir negligence caused your loved one’s death.

The difficulty of proving negligence depends on the circumstances. If theperson for whom a physician prescribes opioid pain medication is a recoveringdrug addict and does not disclose this information, the doctor is lesslikely to be considered negligent. However, if the doctor knew that thepatient was a current or recovering drug addict and prescribe opioidsanyway, this is much more likely to be considered negligence. Medicalmalpractice could also be proven in cases in which the treatment was disproportionateto the medical issue at hand.

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With the cold, winter months approaching, the days are getting shorter.When the sun comes up later and sets earlier, normal driving hours aregrowing progressively darker and more dangerous. According to the NationalSafety Council research, drivers’ risk of being involved in a deadlycar crash triples when driving at night. That increased risk isn’tjust a matter of your own decreased capacity to safely operate a vehicle in dimly lit conditions, it’s a matter of getting on the road withother drivers who will be as impaired as you are, if not more. The topreasons for driver impairment at night include:

  • Fatigue: Lack on sunlight causes the body’s melatonin levels to rise, therebysignaling the brain that it is time to sleep. Regardless of a driver’susual bedtime, darkness still creates a level of lethargy and tirednessthat slows reaction time and puts drivers at risk of nodding off at the wheel.
  • Impaired Vision: Even if your eyesight is 20/20, your ability to see clearly is diminishedin the dark. Vision also tends to dwindle as people age, but this doesn’tmean that only senior citizens are at risk of accidents while drivingin the dark. All drivers are at an ever-increasing risk of nighttime caraccidents as they age, which is why drivers of any age should have regularcheckups with an optometrist to receive updated prescriptions for contactsand glasses.
  • Drunk Driving: This one has more to do with the time of day than the level of light, butthe darkness certainly doesn’t help. Even if you are not driving drunk or driving while buzzed, there are people on the road who are, and yourability to identify and avoid a drunk driver is diminished in the dark.You can avoid deadly nighttime accidents involving drunk drivers by reducingyour speed and maintaining greater distance between your vehicle and others’when driving at night.

Changing your schedule to avoid driving in the dark is probably not anoption. However, there are steps you can take to minimize the risk andprotect yourself from being another casualty of a deadly, nighttime accidentor experiencing a serious injury. Make sure you are able to see properly on the road by checking and cleaningyour headlights, wearing non-reflective glasses, maintaining clean windowsand mirrors, and driving at a decreased speed.

If you have been involved in a nighttime car accident and have suffered significant personal harm, legal action could be thebest way forward. Our Greenwich personal injury lawyers at Ivey Barnum& O’Mara, LLC are ready and willing to be your advocates incourt and help you obtain appropriate compensation. We are committed tohelping you move forward.

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Motorcycle accidents, although not necessarily more frequent compared to other types of accidents, are more likely to result in serious injury or death. Unfortunately,collisions involving motorcycles and other vehicles account for 56 percentof motorcycle accident fatalities, according to the U.S. Department ofTransportation.

The most common types of motorcycle-vehicle crashes include head-on collisions,cars making left-hand turns, motorcycle lane splitting, and even drivingunder the influence of alcohol or drugs. Due to the alarming statistics,it is imperative for drivers of passenger vehicles to do whatever it takesto avoid these type of accidents.

Many of these solutions will be familiar since they involve the same typeof safe driving techniques which should be used every time you operateyour vehicle. However, the increased vulnerability of motorcyclists makesmany of these preventative measures even more pertinent in order to helpsave lives.

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