Posted on October 08, 2020 in Personal Injury

COVID-19 has changed nearly every aspect of our lives – including the way legal proceedings are handled. Courts across the country are requiring personal injury depositions and other proceedings to take place remotely in order to reduce the spread of the virus. Although parties in a remote deposition attend the deposition via audio and video software, the overall structure of the deposition remains the same. Many of the same legal requirements and procedures will still apply. If you have been asked to participate in a virtual deposition or remote deposition, it is important to make sure you are fully prepared for a deposition and understand what to expect.

Technology Concerns During Remote Court Proceedings

The technology used for remote court proceedings in Connecticut may vary slightly from case to case, but most virtual court proceedings will involve the same basic setup. Instead of a physical room, your deposition will take place in a virtual environment. Some participants may be in a conference room or courtroom while others are in their homes. To participate in the virtual deposition, you will likely need a computer, laptop, tablet, or smartphone with a camera and microphone. The court will send you an email explaining how to set up the video conferencing software or app used for the virtual deposition. You will also receive an email with a secure hyperlink and password for the virtual environment. Make sure the batteries in your device are charged, your Internet connection is stable, and that your microphone and camera are working correctly before the deposition begins.

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 Posted on September 10, 2020 in Personal Injury

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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 Posted on December 19, 2019 in Estate Planning

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.

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 Posted on July 09, 2019 in Personal Injury

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

When someone is injured due to the negligence or misconduct of another,social media can in advertently return to hurt them later. Sometimes, victims of injury may post a photo of their damaged vehicle or update their friends about the experience they have just endured. Though this may seem like innocent behavior for someone who is not at fault for the incident, the truth can quickly be manipulated to alleviate the guilty party of any responsibility. In fact, it is a common practice for insurance companies to use social media as evidence to devalue an otherwise credible claim.

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 Posted on July 03, 2019 in Personal Injury

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

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

• Know what your case is worth. Do you have an idea of the full extent of your medical bills, treatment, therapy, or future care? It can be impossible to accurately determine these matters early on. Remember, the insurance company is hoping you will accept the earliest, cheapest offer. They will almost always undercut the full extent of your claim while pressuring you to make a decision.

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 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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