203-661-6000

170 Mason Street, Greenwich, CT 06830

Recent blog posts

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.  

...

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:

...

blog

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.

...

blog

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:

...

blog

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!

...

blog

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.

...

blog

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.

...

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.

...

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 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.

...

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.)

...

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.

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, any boom of construction activity has the potential to help thousands. Asrecord numbers of construction permits have been requested in 2018, this latest boom has proved to do just that: It has led to new jobs for construction workers and real estate professionals, desperately needed housing opportunities for families, and many other economic advantages.

...

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.

...

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:

...

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.

...

Posted on in Personal Injury

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

New York premises liability laws state that property owners and manager are legally obligated to uphold a reasonable duty of care to keep their property safe by reducing the risk of slip and fall accidents on their property. If a person suffers an injury on the property due to a preventable hazardous 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.

...

Falls constitute a large portion of workplace accidents and often result in lost productivity, lost wages, and lasting physical harm to the employees involved. They can result from wet floors, unkempt walkways, inadequate flooring, or any other inadequate structuring, cleanliness, or maintenance of 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 a high 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 industry can participate in keeping their environment safe by making an active commitment to good housekeeping in the workplace. Establishing the importance of deliberate maintenance often begins with those in leadership, but keeping the workplace safe requires the participation of employees at every level and can virtually eliminate the possibility of serious injury.

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

...

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

In most cases, if a person is driving for work, becomes distracted, and causes an accident, the employer can be held liable. This includes circumstances in 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 phone conversation was not work-related.)
  • Eating
  • Grooming or putting on makeup
  • Driving at especially late or early hours or drove for a significant amount of 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-related distractions. Negligent supervision and vicarious liability are the two primary legal pathways to holding an employer liable in a car accident caused by an employee.

...

Doctors often prescribe opioid pain medications to alleviate patients’discomfort after an injury, surgery, or procedure. These medications are highly addictive and many patients have difficulty weaning themselves off these powerful drugs without outside assistance. For many patients who 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 medical malpractice and wrongful death.

Building a Case for Negligence and Medical Malpractice

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

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

...

With the cold, winter months approaching, the days are getting shorter.When the sun comes up later and sets earlier, normal driving hours are growing progressively darker and more dangerous. According to the National Safety Council research, drivers’ risk of being involved in a deadly car 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 with other drivers who will be as impaired as you are, if not more. The top reasons for driver impairment at night include:

  • Fatigue: Lack on sunlight causes the body’s melatonin levels to rise, there by signaling the brain that it is time to sleep. Regardless of a driver’susual bedtime, darkness still creates a level of lethargy and tiredness that 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 diminished in the dark. Vision also tends to dwindle as people age, but this doesn’t mean that only senior citizens are at risk of accidents while driving in the dark. All drivers are at an ever-increasing risk of nighttime car accidents as they age, which is why drivers of any age should have regular checkups with an optometrist to receive updated prescriptions for contacts and glasses.
  • Drunk Driving: This one has more to do with the time of day than the level of light, but the 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 your ability to identify and avoid a drunk driver is diminished in the dark.You can avoid deadly nighttime accidents involving drunk drivers by reducing your 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 an option. However, there are steps you can take to minimize the risk and protect yourself from being another casualty of a deadly, nighttime accident or experiencing a serious injury. Make sure you are able to see properly on the road by checking and cleaning your headlights, wearing non-reflective glasses, maintaining clean windows and 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 in court and help you obtain appropriate compensation. We are committed to helping you move forward.

...

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 percent of motorcycle accident fatalities, according to the U.S. Department of Transportation.

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

Many of these solutions will be familiar since they involve the same type of safe driving techniques which should be used every time you operate your vehicle. However, the increased vulnerability of motorcyclists makes many of these preventative measures even more pertinent in order to help save lives.

...
today cnn on the record E larry dr phil fox friends dateline
Back to Top