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Metro New York personal injury attorney wrongful death

Car accidents involving pedestrians are often fatal. In 2018 alone, over 6,000 individuals lost their lives in pedestrian accidents. Many of these accidents were caused by drivers who were distracted by technology, driving under the influence (DUI) of alcohol or drugs, speeding, or otherwise acted recklessly or negligently. If your loved one passed away after being struck by a vehicle in New York, you may have a valid wrongful death case.

New York Laws Regarding Wrongful Death Claims

You may assume that any tragic death is considered a “wrongful death.” However, New York law specifies the requirements that must be met in order for a successful wrongful death lawsuit to be possible. These requirements include:


Metro New York area personal injury attorney slip and fall

If you or a loved one were injured on a commercial property in Connecticut, you may have questions about who is legally responsible for the injuries. Premises liability laws govern property owners’ liability for injuries that occur on their properties. Property owners are not expected to prevent every injury, but they are expected to take steps to reduce the chances of people being injured while visiting the property. Property owners may be held accountable for injuries caused by their negligence through a premises liability claim.

Understanding a Property Owner’s Legal Duty of Care

Commercial property owners must meet certain safety standards by law. Owners and occupiers of commercial properties must keep the premises free of hazards and unsafe conditions. If an unsafe condition does exist, they are expected to provide adequate warnings to visitors about the danger. Premises liability laws apply to owners and operators of:


Metro New York estate planning attorney

COVID-19 has dramatically impacted people’s lives throughout the United States and across the world. From employment concerns, to childcare, to legal matters, almost every facet of our lives has been affected. Finding a way to work around COVID-related restrictions has taken a good deal of ingenuity and flexibility. Many people are being asked to adapt to new ways of handling business and legal matters. Fortunately, Connecticut has made estate planning, real estate, and other legal procedures slightly easier to accomplish by allowing remote notarizations.

Notarizations May Be Conducted Virtually

Having a document notarized ensures that the document is not fraudulent or falsified. Traditionally, having a document notarized involves going to a notary, or an individual with special permission to act as a witness, confirming your identity, and then signing the document in front of him or her. However, stay-at-home orders and social distancing needs have made it difficult to have things notarized in the traditional capacity. Fortunately, Connecticut is allowing documents to be notarized virtually depending on the type of legal matter.


Metro New York personal injury attorney truck accident

If you or a loved one were hurt in a truck accident, you may be wondering who is liable for the costs incurred by the accident. A serious truck collision can result in overwhelming medical bills and property damage. The injuries may also leave the injured person unable to work. Through a truck accident claim, you may be entitled to financial compensation for your medical expenses, lost income from missed work, reduced earning capacity, vehicle damage, and more. However, before you can file a personal injury claim, you and your attorney will need to determine the liable party to hold them responsible.

Liability for Truck Accidents  

Determining who is liable for a truck accident is often a challenging task. Maintenance records, information from the truck’s event data recorder, physical proof at the accident scene, and other forms of evidence may be used to determine liability. The liable party may be:


Metro New York Area personal injury attorney

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.


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:



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.



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:



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!



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.



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.

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