Posted on March 01, 2017 in Personal Injury

Driving is probably one of the most dangerous activities people do on aday-to-day basis. Almost 1.3 million people die in collisions every year across the world. In the United States, the number is around 37,000, and another 2.35 million are injured or disabled in the accident. Largely,this high number of collisions is due to driver errors, and many of them can be prevented by taking a few precautionary measures when driving.Here are a few of our top tips for staying safe on the dangerous road.

Tip 1: Pay Attention to Driving

Driver inattention is one of the primary causes of most car accidents. People are highly distractible, and anything that takes attention a way from driving has the potential to lead to disaster. While you can’t prevent anything outside your car from being distracting, you can stop yourself from playing with your phone, fiddling with your radio, or taking your eyes off the road to talk to one of your passengers. Even the smallest distraction could prevent you from stopping in time to avoid hitting something or someone in the middle of the road.

Continue Reading ››

 Posted on February 23, 2016 in Personal Injury

When an accident occurs and a victim is harmed due to someone else's negligence, it is always recommended that the victim contact legal representation right away. Sometimes there is documentation and evidence to be collected and diligent counsel can do this in preparation for an eventual injury claim. However, it is not always recommended that the victim pursue a claim as quickly as possible.

This is because it is critical that the injury victim reach a status known as maximum medical improvement (or MMI) before filing suit. A patient reaches MMI when doctors determine that they can no further improve from their accident injuries. Sometimes this means that they have made a full recovery. Other times, when victims have sustained catastrophic injurieslike brain damage or spinal cord injuries, it means that their recoveryhas plateaued and that more improvement is not reasonably foreseeable.

Why is MMI important?

Establishing MMI is important because it allows plaintiff counsel to proceed with full scope of the client's accident-related expenses. Health matters are not always predictable and filing before MMI is determined can mean that medical expenses that should have been covered in the injury suit are left for the victim to pay for.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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

Continue Reading ››

 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.

Continue Reading ››