Posted on January 13, 2016 in Personal Injury

There are many myths out there about personal injury claims, and many oft hese are patently false. In this blog, our New York personal injury attorneys discuss five of the most common and least accurate myths. If you or a loved one has been injured, contact us today for experienced counsel.

Have you been injured in New York? Call our firm today for your free case evaluation.

1. Payouts for Personal Injury Claims Are Virtually Guaranteed

Many people think that personal injury suits are easy to win, and thata big payout can be expected in nearly every case. This couldn’tbe further from reality. Insurance companies will typically fight back against your claim, and fight back hard. With the help of a skilled New York personal injury lawyer, however, you can build a strong and effective case.

2. Personal Injury Lawsuits Are Typically Frivolous

More than a decade later, many people still think of the infamous “McDonald’sHot Coffee” lawsuit when they think of personal injury claims. What is true in that case, however, is true in nearly all successful personal injury claims - someone got seriously hurt. Both the costs and standard of proof in personal injury lawsuits are high, and prohibit many frivolous lawsuits before they start.

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 Posted on January 05, 2016 in Personal Injury

In a tragic case, the family of 55-year-old Bettie Jones, who was shot and killed by police, has filed a wrongful death lawsuit against the city of Chicago. This is the second wrongful death suit filed against the city in the wake of the shooting, which also claimed the lifeof 19-year-old Quintonio LeGrier.

If someone you love has been killed by the reckless or intentional acts of another, call 203-661-6000 today to pursue justice.

A Tragic Incident

The incident in question began when LeGrier’s father, Antonio, called the police after his son threatened him. He called Jones to ask her to open the door for the officers. When they arrived, however, police claim that LeGrier was running down the stairs with a baseball bat. The officers began firing, and ultimately took the lives of both LeGrier and Jones.

Was Excessive Force Used?

Law enforcement has acknowledged that Jones was “accidentally struck”by the gunfire, but Le Grier’s father is one of many who question whether police should have opened fire at all. The lawsuit he filed last week states that officers were not justified in shooting LeGrier, that excessive force was used, and that the officers also failed to provide any medical care. His family has indicated that LeGrier, a student atNorthern Illinois University, suffered from mental illness.

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 Posted on December 30, 2015 in Personal Injury

Are dangerous criminals recently released from prison being permitted tolive in locations that are consistent with their sentencing guidelines and parole restrictions. Are the most dangerous of those released criminals, Level 3 Sex Offenders, being properly monitored to assure compliance with treatment and work related obligations.

New York City just determined that, according to the Sex Offender Registry,eleven (11) Level 3 Sex Offenders, were residing at the Bellevue Men’sShelter in Kip’s Bay, despite the fact that the shelter is located within 1,000 feet of a school. A spokesman for the Mayor stated that the information on the Sex Offender Registry was not correct and blamed the offenders for failing to notify the state when their address changed.As a result, the addresses of six men were updated on the website and warrants were issued for 3 sex offenders whose whereabouts are unknown.

Is enough being done to protect the citizens of New York City and Westchester County from the known recidivist risks associated with recently released offenders? 1 to 3 percent of all arrests in White Plains are of residents of the Volunteers of America - Grasslands Reservation Shelter, who arebused into the City of White Plains each morning from Valhalla, New York.

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 Posted on December 19, 2015 in Personal Injury

Recognizing the potentially intrusive, and irrelevant, aspects of an individuals’posting on social media accounts, New York’s highest court will decide whether these accounts are off-limits in personal injury lawsuits.

Common sense would dictate that any postings by an individual that is directly related to that litigant’s claims (i.e. photos/messages regarding the rock-climbing experience from someone claiming a permanent head or back injury) should be produced, but other, unrelated postings on social media accounts should not have to be produced for the opposing counsel.

Insurance companies, and insurance defense counsel, are increasingly submitting broad ranging requests to gain access to all postings by an individual on social media outlets, irrespective of the potential relevance to that particular case. Implied in those requests is the hope that there maybe personal, delicate information that a claimant may not want in the public realm, and thus discourage claimants from proceeding with their claims, even though the sensitive information requested has absolutely nothing to do with the lawsuit.

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 Posted on December 18, 2015 in Personal Injury

When pursuing a New York personal injury claim, you will likely hear the term “damages” being tossed around. In a lawsuit, these damages do not directly refer to the actual injuries you’ve suffered or damage to your property, but instead refer to the monetary award you are pursuing.

Have you been hurt in New York? Call Ivey, Barnum & O'Mara, LLCto pursue justice. Get your free case evaluation today!

Understanding Damages

In a lawsuit, there are essentially two basic types of damages -compensatory, or “actual” damages, as well as punitive damages.

• Compensatory damages are designed to compensate you for things like medical expenses, lossof income, property damages, and other such economic losses. They also include non-economic losses, including pain and suffering.
• Punitive damages, as the name suggests, are only awarded to punish the defendant for some behavior that was considered particularly malicious or reckless.

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 Posted on December 11, 2015 in Personal Injury

The family of Kathleen Durst recently filed a $100 million dollar lawsuit against Robert Durst claiming he murdered his wife thirty-three years ago, hid the body and deprived them of their right to bury her. With New York State’s two-year statute of limitations on wrongful-death claims,how can her family sue after all these years?

ThE JINX HELPED MAKE CLAIM POSSIBLE

Kathleen Durst disappeared on January 31, 1982. She was pronounced dead on March 21, 1988 after being missing for over six years. Her body was never discovered and the killer was never caught. It was not until thirty-three years after her disappearance that her family filed a multi-million dollar civil action against Kathleen’s husband, billionaire eccentric Robert Durst.

In an episode of the highly acclaimed HBO series,The Jinx: The Life and Deaths of Robert Durst, which aired on March 15, 2015, Robert Durst admitted to killing his wife.In a chilling confession, he says “There it is…you’recaught. What the hell did I do? Killed them all, of course.” Basedon this confession, Kathleen Durst’s family filed a lawsuit claimingthat Robert Durst killed his wife, hid her body and deprived them of their right to bury Kathleen. It was the confession, claims the family of Kathleen Durst, that gave rise to their claim.

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 Posted on December 04, 2015 in Personal Injury

A 20-year old Brooklyn man was killed at about 1 PM on Monday when a contractor hired by the Parks Department failed to close off a path running through Red Hook’s Coffey Park when pruning and removing trees as part of post-Hurricane Sandy clean up.

TREE REMOVAL CONTRACTOR’S FAILURE TO CLOSE PATH RESULTED IN THE DEATH OF A NEIGHBORHOOD MAN

Jim Liu, a neighborhood fixture described as “hard-working”and “friendly”, was riding his bicycle through the popular path in Coffey Park to deliver food to a customer when he was struck by a falling tree. Mr. Liu was transported to Methodist Hospital where here mained in critical condition before his untimely death. It is unclear whether the contractor who was responsible for the incident attempted to stop Mr. Liu from riding down the path however what does appear clear is that the paved path was not closed for traffic despite the dangerous activities in progress.

POST-HURRICANE SANDY CLEAN-UP CONTINUES

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 Posted on November 25, 2015 in Personal Injury

As we finish up our Thanksgiving Day preparations and pack up the family to attend the New York Macy's parade, we would like to give thanks to all of our clients and their families.

Handling wrongful death and catastrophic injury cases requires our team to be zealous legal advocates. An equally important task is to provide emotional support and day-to-day guidance for the family members who are tasked with picking up the pieces.

When we get retained, our clients have generally just gone through the worst day of their lives. They have sustained very serious and permanent injuries, or worse, and the financial realities associated with same hit home very quickly.

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 Posted on November 12, 2015 in Personal Injury

A 75-year-old grandmother was killed on the Upper West Side of Manhattan on Sunday by a cab driver who admitted to working an illegal shift.

Salifu Abubkar admitted that he had worked an illegal 16-hour shift as a cab driver when he hit and killed a 75-year-old woman as she crossed the street on the corner of Columbus Avenue and West 109^th Street. She was in the crosswalk and had the light.

The cab driver, a resident of the Bronx, passed a Breathalyzer test, but admitted to working a 16-hour shift, four hours longer than the legal12-hour limit imposed by the City of New York on livery drivers. Mr. Abubkar worked as a cab driver for over 20 years and routinely worked over 16hours per day to make a living.

Mayor de Blasio’s “Vision Zero” Plan has garnered mixed results. Since Halloween, traffic-related incidents have claimed 11 lives.The Vision Zero plan-a traffic plan originating in Sweden in the late 1990s with the goal of reducing the number of traffic fatalities to zero-mandates increased police enforcement and has resulted in police issuing over 12,000 more speeding tickets than last year. However,it remains to be seen whether de Blasio’s plan to slap drivers with more fines will result in fewer pedestrian deaths.

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 Posted on November 07, 2015 in Personal Injury

An elderly woman was killed by an MTA bus when she crossed the street in Brooklyn and the bus driver cannot face criminal charges because of adeal reached by the Union and the City of the New York.

Hit and Run bus Driver with Criminal Past

Carol Bell, 70 years old, was crossing the street in broad daylight when she was hit by an MTA bus, pinned under the vehicle’s rear wheel and literally torn apart. Her mangled, lifeless body was left in the middleof the street as the bus driver simply drove away.

The bus driver, a 15 year employee of the MTA, had a lengthy criminal history,including arrests for possession of drugs and felony assault. The MTAadmitted that it knew about his arrest history, but kept him behind the wheel.

Despite onlookers hearing the impact, the bus driver did not stop the bus.His attorney said in a statement that the driver did not see the woman because she was in his blind spot.

Bus Drivers Exempt from criminal Liability

In September, the MTA bus drivers’ union reached a settlement with the City of New York exempting bus operators from criminal charges if they hit a pedestrian who has the right of way. The deal was reached after the Union complained that bus drivers were under attack and being charged liked criminals when they hit and kill pedestrians with the right of way.

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