Posted on April 23, 2019 in Personal Injury

If you’ve ever watched a motorcycle zoom by as you’re sitting in 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 shows that 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!

At Ivey, Barnum & O'Mara, LLC, our White Plains accident lawyers are committed to getting to the bottom of every lane splitting accident case. Whether you’re a motorcyclist who has been unfairly blamed for an accident or a car driver injured because of a motorcycle rider, we can help you get the closure-and the financial recovery-that you need.

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 Posted on April 18, 2019 in Personal Injury

According to the Governor’s Highway Safety Association (GHSA) there were at least 6,000 pedestrian fatalities in 2017, all of which were directly caused by motor vehicle drivers. Add in pedestrian deaths caused by other road hazards, and the total rises to nearly 7,500.As the GHSA notes, these staggering numbers aren’t just a tragic testament 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 marijuana and alcohol intoxication, and additional threats posed by electric micro-vehicles like Bird and Lime scooters, pedestrians face more dangers on the road than ever before. At Ivey, Barnum & O'Mara, LLC, our accident lawyers can help you seek compensation if you were severely injured asa pedestrian, or if your loved one was wrongfully killed due to the actions of a negligent driver.

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 Posted on March 28, 2019 in Personal Injury

When grocery store staff fail to clean up on Aisle 6, the results can often be far more serious than a messy storefront. If an unsuspecting shopper happens to slip on the wet floor, they may sustain injuries to fragile areas like the spine, head, and neck - and need lifelong medical care to treat the permanent conditions that follow.

Fortunately, the law allows for injury victims to bring a lawsuit against the 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’ll need to have the assistance of an experienced attorney. Because grocery store chains often have significant wealth and resources, they may be able to downplay your injuries as minor, or claim that you could have avoided the offending patch of floor.

In this post, we’ll touch on what makes a strong slip and fall claim,and how you can pursue justice from the supermarket responsible for your injuries.

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 Posted on March 12, 2019 in Personal Injury

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

From staying awake to skipping the doctor, much of the common advice for concussion patients is also inaccurate and can downplay the gravity of these serious injuries. If you’ve sustained a TBI, you could be eligible for compensation from the negligent party, especially if it was caused by intentionally wrongful action. Our personal injury team at Ivey Barnum & O’Mara, LLC has years of experience helping clients navigate 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 resulting injury is often classified as a TBI. Whether that extreme force involved an 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 January 29, 2019 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 information from the beginning can save your case in the long run, as your lawyer will be better prepared to navigate around the “eggshell skull rule.”

Also called the “eggshell plaintiff theory,” this legal principle dictates that the defendant must “take their victim as they found them” - meaning that you are still entitled to pursue a personal injury claim when you have a pre-existing condition. However, without the right Greenwich personal injury lawyer, you may have a more difficult time 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 automatically dismissed. In spite of this noble intention, insurance companies are infamous for using the eggshell skull rule to profit. By claiming that all of an eggshell plaintiff’s injuries stem from their prior conditions,and not from the accident at hand, insurers can often convince juries to reduce the total amount awarded.

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 Posted on January 15, 2019 in Personal Injury

As anyone suffering from post-traumatic stress disorder (PTSD) already knows, going back to your everyday routine after a major trauma can be incredibly painful and disorienting. However, although most people are familiar with the basic concept of PTSD, few really understand how it can 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 to heal, particularly when their PTSD was directly caused by another party’s negligence. While it can sometimes be a challenge to convince a jury about your PTSD damages, the right attorney will be able to communicate the true scope of your condition, and secure maximum recovery for your case.

Who Is Affected by PTSD?

Contrary to popular perception, post-traumatic stress disorder affects children and adults from all walks of life, and it’s not just limited to 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 many people are living with untreated PTSD, due to the fact that 70% of adults will deal with a traumatic event at least once in their life (although not all will go on to develop PTSD.)

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 Posted on November 20, 2018 in Personal Injury

The New York construction industry has seen a significant increase in building projects over the last few years, and while this has mostly been a positive for the city as a whole, there has also been a substantial increase in serious 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, and during 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 seriously injured during a construction accident. In this post, we’ll discuss the increased risks of injury for construction workers - and what you can do if you become injured due to a coworker or property owner’s negligence on your work site.

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 Posted on November 20, 2018 in Personal Injury

Regardless of the degree, a Traumatic Brain Injury or TBI is a serious matter. Ranging from mild symptoms like headaches and confusion, to more serious symptoms like full-body paralysis, coordination loss, and chronic seizures, a TBI can negatively impact the course of your life, and require near-constant medical assistance.

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

What Is the Cost of a Traumatic Brain Injury?

TBIs are sustained after a blow to the head disrupts your brain’s normal functions. The intensity of the brain injury will vary dependingon the nature of your accident, with the most severe cases tending to show 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 activities gone wrong to slipping and falling on a wet floor.

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 Posted on December 12, 2017 in Personal Injury

When we think about accidents involving cars and pedestrians, we initially assume that the driver of the vehicle is most likely at fault. Although the pedestrian typically has the right of 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 those involved. Both motorists and pedestrians need to follow the rules of the road and exercise a reasonable duty of care. The care required for pedestrians needs to be proportionate to the danger to be avoided and reasonably anticipated consequences.

Several common factors contributing to pedestrian negligence include:

• Ignore the “walk” signal at an intersection
• Failure to use marked crosswalks
• Enter traffic and disrupt the flow
• Dart in front of a vehicle

Keep in mind, when a pedestrian is to blame for causing a crash, the driver of the vehicle is also partially at fault in most pedestrian-car accidents.For instance, a pedestrian may be jaywalking, but the driver may have been driving a few miles over the posted speed limit.

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 Posted on December 05, 2017 in Personal Injury

Rides haring services, including Uber and Lyft, increase in popularity around the holidays, especially after parties or celebrations where alcohol was consumed. Riders may not be thinking about the safety of the vehicle the yare getting into, but they should be. Recent recalls have affected millions of vehicles in the U.S., but studies show that only about a quarter of the affected cars actually receive the necessary repairs. This means that your chances of getting into a recalled vehicle may be high.

Uber claims that they advise drivers to stay up-to-date on any recalls for their particular vehicle, but some drivers say they have never received any specific recall-related information from Uber. There also isn’t enough follow up, which can allow drivers to avoid turning their car in for repairs, and losing a source of income while they wait to get thei rvehicle back.

Except for the owner of the vehicle, it can be impossible to tell if the car has been maintained and had any necessary repairs made to ensure the safety of its passengers. There are other companies that are pushing to ensure that ride share vehicles are kept safe. Recall Masters is a San Francisco 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 well as the ride share service company as well. Chris Miller also runs MotorSafety.org,which allows users to scan or enter the VIN number of a car to receive information about recalls. While it may be awkward to ask for this information or scan the VIN on the door frame of the car, doing so can allow you to make an informed decision.

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