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How Much Does It Cost to Meet with a New York Personal Injury Lawyer?

If someone else’s wrongdoing leaves you injured, you’re may be to face mounting medical expenses, lost wages, and an emotional aftermath on your own. Some people in this situation look to the insurance company involved to offer a fair settlement simply because they don’t know what else to do and because they assume that working with a personal injury attorney is too expensive. The fact is, however, that relying upon the good faith of the insurance company could leave you with far less compensation than you deserve. If you’ve been injured as a result of someone else’s negligence, you can’t afford not to work closely with an experienced New York personal injury lawyer.
Meeting with a New York Personal Injury Lawyer
If you’re concerned about how much it will cost to meet with a personal injury lawyer – and you should be – it’s important to understand that reputable and experienced personal injury attorneys typically provide a free initial consultation for several reasons, including:
  • A knowledgeable personal injury lawyer will want to learn the facts as they relate to your claim in order to help ensure that you have a viable case that can benefit from professional legal counsel.
  • Reputable personal injury attorneys generally work on a contingency basis, which means that their pay is contingent upon your settlement (or judgment). Ultimately, your attorney will get a predetermined percentage of the amount you are awarded. At your initial consultation, therefore, an experienced personal injury attorney will want to ensure that you understand the legal process and will employ his or her own experience to test the strength of your case.
  • Your initial consultation is a good opportunity for both of you to get a better feel for the situation at hand and to determine how best to proceed.

In other words, meeting with a well-qualified New York personal injury lawyer shouldn’t cost you anything. Further, you won’t owe your personal injury attorney anything until you recover on your damages via a settlement from the insurance company or through a judgment from the court.
The Insurance Company
Like many others who’ve been injured by other people’s negligence, you may wonder why you can’t simply look to the insurance company to do its job. The fact is, however, that Like many others who’ve been injured by other people’s negligence, you may wonder why you can’t simply look to the insurance company to do its job. The fact is, however, that insurance companies are businesses that are motivated by profit margins, which means that any settlement you receive is unlikely to adequately cover the full scope of your damages.
Discuss Your Case with an Experienced New York Personal Injury Lawyer Today
If you’ve suffered an injury that was caused by someone else’s negligence, David Kaufman at the Law Office of David M. Kaufman is a dedicated personal injury lawyer – serving the New York communities of Suffolk County, Nassau County, and Long Island – who is proud to offer you a comprehensive initial consultation at no cost to you. Mr. Kaufman is on your side, so please don’t hesitate to contact or call us at 631-761-6400 for more information today.

What Happens When You Are Partially Responsible for a Car Accident?

If you've been injured in a car accident, you are going through an extremely difficult time, and you may blame yourself – even if the accident wasn't your fault. The fact is that the inherent stress of a car accident can cause you to doubt yourself and your actions. Fortunately, an experienced New York personal injury attorney will carefully assess the circumstances of your accident to ascertain fault and determine whether you can recover compensation. Further, even if you are partially responsible for the accident that left you injured, this fact does not necessarily preclude you from receiving compensation for those injuries.
Discuss Your Case with an Experienced New York Personal Injury Lawyer Today
If you’ve suffered an injury that was caused by someone else’s negligence, David Kaufman at the Law Office of David M. Kaufman is a dedicated personal injury lawyer – serving the New York communities of Suffolk County, Nassau County, and Long Island – who is proud to offer you a comprehensive initial consultation at no cost to you. Mr. Kaufman is on your side, so please don’t hesitate to contact or call us at 631-761-6400 for more information today.
Fault in a No-Fault State
New York is a no-fault state when it comes to car insurance. This generally means that, regardless of who is responsible for the accident, the injured party’s insurance will cover his or her claim. There are, however, instances in which this rule is superseded. There are several circumstances that can lead to a claim that goes beyond the limits of the no-fault system. These begin with the other driver’s negligence and must include at least one of two additional conditions:
  • Your basic economic loss was greater than $50,000.
  • You suffered a severe injury, such as dismemberment, disfigurement, death, fracture, and more.
The State of New York and Comparative Negligence
New York employs a theory known as Comparative Negligence when it comes to situations in which the injured party is partially at fault for the accident that caused his or her injuries. As such, the percentage of fault for which you are determined to be responsible is the same percentage by which your damages will be reduced. For example, if you were speeding slightly when the other driver ran a stop sign and hit you, you might be found 25 percent responsible for that accident. As such, the damages you are awarded in the course of the claim will also be reduced by 25 percent.
Sharing the Blame Equally
In the State of New York, even if you are found to be 50 percent at fault for your accident – and share the blame equally with the other driver – you can still recover on your damages (though your total compensation will be reduced by 50 percent).
Your Liability in the Accident
If you are determined to be 50 percent at fault for the accident, the other driver can also come after you to attempt to recover on his or her losses. The damages associated with even a relatively minor accident can add up extremely quickly. In addition, car accidents that involve comparative negligence can become very complicated very quickly; consult with a skilled New York personal injury lawyer.
If You Are Partially Responsible for the Car Accident that Injured You, You Need an Experienced Long Island, NY, Personal Injury Attorney
Cases involving comparative negligence are complicated, but attorney David Kaufman at the LAW OFFICE OF DAVID M. KAUFMAN in Long Island, New York, has the experience, skill, and dedication to advocate for your rights and your rightful compensation aggressively. Your initial consultation is free, so please don't hesitate to CONTACT or call David at 631-761-6400 for more information today.

 

Construction Zone Accidents in New York

Summer in New York is road construction season. Road construction is a necessary inconvenience, but when construction zones aren’t well planned or executed, serious accidents can ensue. If you have recently been hurt in a construction zone accident, you need the professional legal counsel of an experienced New York personal injury attorney on your side.
Risks Associated with Construction Zones
Construction zones on our roadways alter the flow of traffic and necessitate that drivers remain alert to the inherent dangers and proceed with extreme caution. Construction companies that work on our roads are responsible for doing so within the boundaries of safe construction – for everyone involved, including both construction workers and motorists who pass through the zones. There are a variety of hazards that may be present in construction zones, including:
  • Construction Supplies and Materials – Road construction companies are responsible for keeping their materials and supplies out of motorists’ paths and must remove these materials completely once the work is completed. When they fail to do so, it can lead to dangerous traffic accidents.
  • Construction Vehicles – The vehicles used for road construction can be massive, and they come out in full force during the summer months. Construction vehicles present their own brand of danger – they are more difficult to maneuver safely through traffic; they can have massive blind spots on all four sides; they generally travel much more slowly than other traffic; and when equipment isn’t properly secured, there’s the risk of dangerous falling objects.
  • Flying Construction Debris – When construction companies and workers don't take the time and make an effort to ensure that construction debris is secured, it can lead to serious accidents. Further, the dust and gravel kicked up by machines like jackhammers can dangerously reduce driver visibility.
  • Negligent Construction Workers – Construction workers have a responsibility to perform their jobs in a way that does not put others at an unreasonable risk of harm. When they do not, serious accidents can occur. Some examples of construction worker negligence include failing to follow proper safety protocols, performing tasks that they are not qualified to perform, failing to follow traffic laws, or coming to work intoxicated by drugs or alcohol.
  • Unsafe Design or Execution – Road construction is intended to repair and upgrade our roads, and the planning and execution of this construction must be exacting to help ensure everyone’s safety. When road construction is poorly planned, lacks proper traffic warnings or signs and signals (including for reduced speeds), is sloppily executed, or otherwise fails to keep the roadway safe for drivers, the construction company can be held liable for dangerous accidents that result.
When traveling through construction zones this summer, always make safety your top priority by remaining alert and reducing your speed accordingly.
An Experienced New York Personal Injury Attorney Can Help
If someone else’s negligence leaves you injured in a construction zone accident, David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island –  is here to help. Mr. Kaufman is an experienced personal injury attorney with a track record of helping clients  successfully recover on their full range of losses.
To schedule a free initial consultation, please don’t hesitate to contact or call us at 631-761-6400 today.

Pool Accidents and Spinal Cord Injuries

Warmer weather in New York summers go together with swimming pool accidents. These accidents can leave victims with serious, life-changing injuries. Hard, unyielding surfaces made slippery by water can be a recipe for dangerous falls that can lead to serious head or spinal cord injuries. Further, diving accidents can result in neck and back trauma that can cause permanent paralysis.
Whether a pool is a public convenience or is privately owned, the owner (or manager) owes you a duty of reasonable care – to help ensure that preventable accidents don’t ensue. If a pool accident is caused by the property owner’s negligence leaves you with a spinal cord injury, it’s time to consult with an experienced personal injury attorney serving Suffolk County, Nassau County, and all New York boroughs.
Common Causes
Pool accidents that lead to serious injuries can have myriad causes, but some of the most common include:
  • Swimming pools that are poorly supervised when there are swimmers present
  • Inadequate lighting, which can lead to dangerous slip and fall accidents
  • The absence of lifesaving equipment in the event of an accident
  • Poorly designed and/or maintained pools and pool decks
  • Inadequate fencing
  • Improperly stored pool chemicals
Spinal Cord Injuries are Serious
The Mayo Clinic shares that spinal cord injuries can happen anywhere on the spinal cord and are usually the result of accidents that deliver a sudden, powerful blow to the spine – such as the kind that can occur in a slip and fall accident at a swimming pool. In fact, falls account for nearly a third of all spinal cord injuries. The Mayo Clinic also advises that swimmers should never dive into water that isn't at least 12 feet deep. Owners/operators of pools that don't reach this depth should clearly warn swimmers against diving. Warnings should be posted prominently, clearly, and near the pool area at issue.
Spinal cord injuries that do not result in paralysis can still leave victims with serious medical issues. These injuries can lead to chronic pain or to a serious reduction in one’s range of motion. When a spinal cord injury damages the full width of the spinal cord, it can cause paralysis, which is the permanent loss of control over bodily motion in the affected area. Such an injury is life-altering, and paralysis is often accompanied by secondary health issues that can have a significant impact on victims' quality of life and health.
Consult with an Experienced New York Personal Injury Attorney Today
Spinal cord injuries caused by swimming pool accidents often lead to serious physical, financial, and emotional damage. If someone else’s negligence injures you, David Kaufman at the Law Office of David M. Kaufman is a formidable personal injury attorney with the experience, dedication, and resources to aggressively advocate for the compensation you need to reach your most complete recovery. Mr. Kaufman is proud to serve Suffolk County, Nassau County, and all New York boroughs and offers a free consultation, so please don’t hesitate to contact or call us at 631-761-6400 to schedule yours today.

Should You Take the First Offer You Get after a Construction Accident?

If you have been injured on the job, you may think that the Workers’ compensation insurance provided by your employer will do what it’s intended to do by covering your losses in their entirety and that will simply be that.
While Workers’ compensation does apply in many cases, under New York labor law, injured construction workers may be able to file a traditional personal injury claim against the person or party responsible for their losses. Typically, the compensation through an experienced personal injury claim is significantly higher than what you can obtain through workers' compensation, so if you can file a claim, you should. To discuss your legal options with a New York construction accident lawyer at no cost, call our office today.
Workers’ Compensation Insurance
Workers’ compensation is intended to cover any injuries you sustain on the job, but this does not mean that all of your losses will be covered. Notably, Workers’ compensation does not provide benefits for 100 percent of your lost income or your non-economic damages like pain and suffering or lost quality of life. If you can file a personal injury claim, however, those losses are recoverable.
Construction Accident Damages
If you’ve been injured on the job, your damages may be extensive – in fact, you may not know exactly how extensive until some time has passed. The following factors should be taken into consideration:
The need to cover immediate medical expenses, including emergency care and transportation from the scene of the accident, aftercare, medical treatment, specialists, prescription medications, physical and occupational therapy, adaptive physical devices, home adaptations, home health care, and more.
The need to cover any ongoing medical expenses. Serious injuries can lead to secondary health concerns and lasting physical effects that are difficult to predict at the outset.
The hours and wages lost on the job can be significant, but a serious injury can also lead to a diminished earning capacity into the future. Further, the course of a career could be permanently altered.
Construction accident injuries may result in significant physical and emotional pain and suffering. These losses are typically recoverable through a personal injury claim.
So, Should You Accept the First Settlement Offer You Receive?
Insurance companies are for-profit enterprises, and they will do just about everything they can to minimize the amount they pay out. For this reason, it's typically not a good idea to accept their first offer. Just as in any negotiation, it pays to take your time to gather all of your facts and strengthen your position as much as possible. The most effective way to do this is to retain an attorney who knows how insurance companies work and how to get injured victims the compensation to which they are entitled.
Injured on the Job? Contact an Experienced New York Personal Injury Attorney Today

Google Maps at Trial

How Internet Mapping Services Can Be Used to Win Your Personal Injury Case
Internet mapping services - such as Google Maps, Apple Maps, and other navigation programs - have made it easier for everyone to get around New York and the rest of the world. These tools provide all kinds of helpful information that has become indispensable in our daily lives. Now, this information is moving into the courts, and attorneys can use the data provided by these services as evidence in litigation. A recent change to New York law has made it even easier for attorneys to introduce mapping data as evidence at trial. Google Maps, Apple Maps, and other internet-based navigation services can be used to help prove a personal injury claim and help win compensation to which an injured party is legally entitled.
The New Law That Makes It Easier to Use Internet Mapping Services as Evidence at Trial
The New York Law Journal reports on a recent amendment to the New York Civil Practice Laws and Rules. This amendment allows a judge to take judicial notice of the data and images provided by internet mapping services. (When a judge has taken judicial notice of a fact, it does not have to be proved at trial, and the jury is instructed to accept the fact as evidence.) The new rule also creates a rebuttable presumption that the information contained in the mapping service is true. This presumption makes it easier for a party to use evidence from mapping services because it is assumed to be true. If the other party wants to contest the evidence, they bear the burden of proving it is false.
These changes might seem minor, but they are significant to New York trial lawyers. Being able to establish the location of a car accident or a party’s whereabouts can make or break a personal injury case. The length of time it took to get to a hospital might be the crucial issue in a medical malpractice case against a negligent ambulance service. By entering these facts into evidence without dispute, a personal injury lawyer can prevent the jury from becoming distracted, misled or confused. A common defense tactic is to distract the jury with insignificant details such that jurors are unable to agree on any single result. The new rules can help personal injury lawyers prevent of “lawyer tricks” and keep a jury focused on the actual evidence.
An Experienced Personal Injury Lawyer for Suffolk, Nassau and Long Island Cases
If you or a loved one has been injured, it is important to consult with an experienced personal injury attorney as soon as possible. Whether you have been injured in a car accident, a workplace accident or due to medical malpractice, you have the legal right to be compensated for injuries caused by another person's negligence. David Kaufman is an experienced attorney who is committed pursing maximum compensation in each case he handles while ensuring that his clients are fully informed about the legal process in which they are involved.
To schedule a free case evaluation with Mr. Kaufman, call our office today at 631-761-6400 or

Study Indicates that Recovery from a Mild TBI can Take Longer than Expected

According to the results of a study conducted in New Zealand, people who sustain mild traumatic brain injuries (mTBIs) may have longer recovery times than expected. In explaining the results, lead author Dr. Stephen Kara said that "This study challenges current perceptions that most people with a sports-related mTBI recover within 10 to 14 days."
The study indicated that less than half of patients (45 percent) had recovered after 14 days. Seventy-seven percent had recovered after four weeks, and 96 percent had recovered after eight weeks.
Victims of Mild TBIs Can Often Recover Significant Compensation
Mild traumatic brain injuries, like concussions, were once often dismissed as relatively minor injuries that required little medical attention – if any at all. While "getting your bell rung" may have been dismissed a few years ago, we now understand that even mild traumatic brain injuries can cause substantial issues, and the cumulative effect of brain injuries over the years can lead to serious problems down the line.
Some of the more common issues associated with mild TBIs include:
  • Headaches
  • Fatigue
  • Problems sleeping
  • Sleeping more than usual
  • Dizziness
  • Speech problems
  • Ringing in the ears
  • Sensitivity to light or sound
  • Memory problems
  • Mood changes
  • Issues concentrating
These and other symptoms can last for months or even years, often affecting victims' ability to function at work or at school. In addition, TBI victims often suffer from significant physical and emotional pain and suffering as a result of their injuries. For these reasons, victims can recover significant compensation after a mild TBI and should take immediate steps to protect their legal rights.
Protecting Your Rights after a Traumatic Brain Injury
There are certain steps that you should take after a TBI-causing accident to ensure that you can obtain the compensation to which you are entitled under the law. These include:
Seek Medical Attention
You should seek medical attention after a head injury that may have resulted in a TBI. It is critical that your injury is accurately identified and documented and that you start any required treatment right away, both for your health and for any claim you may pursue in the future.
Document Your Recovery
Keep any paperwork you receive from your healthcare providers regarding your injury. In addition, it’s a good idea to keep a journal about how your TBI affects you on a daily basis. Note issues like pain, feelings of anxiety or depression,
Do Not Accept a Settlement Offer
Sometimes, insurance companies or at-fault parties make settlement offers quickly after an accident in order to limit their liability or attempt to get to an injured party before that party seeks out legal counsel. Be sure to talk to an attorney before accepting any money or signing any paperwork in regard to your accident.
Speak with a Lawyer as soon as You Can
You should speak to a lawyer as soon as possible after your accident. Once you have retained an attorney, you can focus on your recovery while your lawyer talks to the insurance company and handles the rest of your claim.
Call Us Today to Speak with a New York Personal Injury Attorney
At the Law Office of David Kaufman, we are committed to helping people recover the compensation to which they are entitled after a preventable injury. Mr. Kaufman offers completely free consultations, and he prides himself on helping people solve their problems while keeping them fully informed about the legal process. To schedule your free case evaluation, call our office today at 631-761-6400 or contact us online.

CAR INSURANCE COMPANY TACTICS THAT LEAVE VICTIMS HIGH AND DRY

Car accidents are often terrifying experiences and can have long-term consequences for drivers, passengers, and their families. An accident may only last a few seconds, but the physical, emotional, and financial damage can continue for years afterward. New York requires drivers, and each motor vehicle, to carry automobile insurance, In part, drivers pay for insurance to protect themselves. Unfortunately, insurance companies often engage in underhanded tactics to avoid paying insurance claims, even to their own insureds.
Below are some of the most common tactics used by insurance companies to avoid paying insurance claims. If you have been in an accident, it is important that you contact a personal injury attorney as soon as possible to discuss your case and to protect your interests against any unscrupulous insurance company.
WAYS INSURANCE COMPANIES TRY TO AVOID PAYING CLAIMS
Insurance companies are first and foremost businesses that want to make as much money as possible. Therefore, it is in insurance companies' best interest to pay as little as possible on each claim they receive. Below are common tactics to look out for after a car accident:
  • Pressuring Victims into Giving Statements – Immediately after an accident, a claims adjuster may contact you and ask you to provide a recorded or written statement about the accident. The adjuster may even pressure you to give the statement without an attorney present. These statements are used by companies to evaluate your claim and adjusters are trained to lead victims into giving statements that support lower claims or no claim at all. You should not speak to a claims adjuster or give any sort of insurance statement without an attorney present.
  • Offering Victims Settlements Immediately After an Accident – After a car accident, injured victims are often in a vulnerable state. Victims may be injured and unsure of how to cope with a damaged vehicle. Insurance companies know that immediately after an accident, people are often scared, confused, and possibly injured. Insurance companies know this and may try to take advantage of and pressure victims to agree to a quick settlement, often one that shortchanges the victim. A settlement offer immediately after an accident may sound appealing, but you should not accept any settlement offers until you have spoken to an attorney about your case.
  • Delaying Claims – Another common tactic that insurance companies may use is to delay processing victims’ claims in the hope that the victim will accept a lower claim. Insurance companies know that victims are often financially devastated by a car accident and need insurance money to pay for medical bills and property damage. By delaying a claim, insurance companies may take advantage of victims’ suffering by pressuring them to accept less money to which they are entitled. To prevent this from happening, you should contact a personal injury attorney as soon as possible.
CONTACT A NEW YORK PERSONAL INJURY ATTORNEY TODAY TO SCHEDULE A FREE CASE EVALUATION
If you have been injured in a car accident, you may need help navigating the legal process and dealing with an insurance company. You should contact a New York personal injury attorney as soon as possible to discuss your case. Contact the the Law Office of David Kaufman today for a free and thorough consultation by calling (631) 388-7172 or by submitting our online contact form.

HOW LONG DO YOU HAVE TO FILE A CLAIM AFTER A NY CAR ACCIDENT?

After a car accident, you might feel overwhelmed dealing with your injuries. Many car accidents leave victims in considerable pain, which makes it difficult for them to think clearly about obtaining compensation. In fact, filing an insurance claim might be the last thing on their minds.
Nevertheless, New York sets certain time limits you must meet if you hope to receive compensation after a New York car accident. Read on for more information.
PROMPTLY REPORT AN ACCIDENT TO YOUR INSURER
No-fault - According to the Department of Financial Services Regulation 68, an injured motorist should provide written notice of the accident as soon as possible—but no later than 30 days after the crash in order to apply for No-Fault Benefits. The notice should contain information about the time, place, and the surrounding circumstances of the crash. If you miss the 30-day deadline, you can get an extension but only if you provide solid proof of why you were late. For example, someone in a coma or in and out of surgery might not even be aware of what day it is. However, your best bet is to report the accident as soon as possible. Liability - Insurance companies require “prompt” notification of an accident, usually within 24 hours, unless there is an excuse or reason for delayed notification. If you fail to promptly notify your insurance company, you should immediately do so, or call an attorney to help you decide the best course of action.
SUBMIT SUPPORTING NO-FAULT DOCUMENTS WITHIN 45 OR 90 DAYS
Your no-fault insurer will need certain documents to help process your no-fault claim. You should submit the following documents in a timely manner: If you wait too long, you will compromise your ability to receive compensation.
FILE A LAWSUIT WITHIN 3 YEARS
If your injuries are sufficiently serious, you might consider filing a lawsuit against the driver who is at fault for the accident. These lawsuits have their own deadline set out in the state’s statute of limitations.
In particular, injured motorists usually have three years to file a lawsuit for any personal injuries or property damage as a result of the collision. This statute is found in New York Civil Practice Rules and Regulations 214.
However, if a loved one died in the accident, then you have only two years from the date of the death to file a wrongful death lawsuit. If you miss the deadline, then a judge will dismiss your lawsuit, meaning you cannot hold the driver accountable for the injuries they caused. Further, if you are involved in an accident with a vehicle owned by a municipal or government agency or operated by an employee of a municipal or government agency, you have a much shorter time to act, and your failure to take the required steps and notifications could also prevent a lawsuit or claim.
If you hope to settle your case, the fact is your real leverage is your ability to bring a lawsuit if they do not offer adequate money. For this reason, you absolutely must protect your rights and file a lawsuit before the limitations period ends. But, remember that there are numerous other obligations to fulfill in order to maximize your recovery.
Speak to a New York Car Accident Lawyer
If you have been injured in a New York car accident, time is of the essence. Many injured motorists benefit from hiring an experienced car accident lawyer who can relieve them of the stress of dealing with insurance adjusters and the court system.
For a free consultation to talk about your case, please contact the Law Office Of David Kaufman today, by calling 631-388-7172 or filling out an online contact form.

SPINAL CORD INJURY FAQ

According to the Centers for Disease Control and Prevention (CDC), nearly 46%% of all spinal cord injuries that occur across the country result from serious motor vehicle accidents. However, spinal cord injuries can follow other accidents as well, including workplace accidents and slip and falls.
If you or a loved one has suffered a spinal cord injury, you need experienced legal counsel on your side. At the Law Office Of David Kaufman, we are committed to helping spinal cord injury victims obtain the compensation to which they are entitled under the law. We work with clients through the state of New York, including Suffolk County, Nassau County, and Long Island. To schedule a free case evaluation with a personal injury lawyer in New York, call us today at (631)-388-7172.
What is a Spinal Cord Injury?
When a spinal cord injury occurs and the spinal cord is severely damaged – usually because of a direct impact to the neck or back in a serious accident, the damage to the cord can disrupt the brain’s ability to communicate with the rest of the body, potentially resulting in paralysis below the site of the injury. Types of paralysis include:
What Causes Spinal cord Injuries?
Spinal cord injuries can occur in a number of ways. Some of the most common causes of these injuries include motorcycle accidents, car and truck accidents, slip-and-falls, and boating accidents. What is most important for victims, from a legal perspective, is when they are caused by someone else’s negligence, they can typically recover compensation for their injuries.
How much is my Case Worth?
Some spinal cord injuries are treatable, while others are not. Spinal cord injuries can require a great deal of medical treatment, including surgeries and other complicated medical procedures. In cases where a victim is left paralyzed with little hope of recovery, any award or settlement they receive or accept should reflect a lifetime of economic and noneconomic losses. Spinal cord injury victims are sometimes able to recover compensation for the cost of medical bills, future medical procedures, ongoing care, mobility devices, lost wages, loss of earning capacity, pain and suffering, and rehabilitation costs. While each case is different, some spinal cord injury cases result in large settlements or awards.
Do You Need a Lawyer?
Although some accident cases – including those involving spinal cord injuries – ultimately settle, you need experienced legal representation. The losses associated with spinal cord injuries can be difficult to prove, and a lawyer can help you satisfy the legal elements of your case and pursue all of the damages to which you may be entitled.
Call Us Today to Schedule a Free Consultation with a New York Personal Injury Lawyer
New York personal injury attorney David M. Kaufman has been practicing law since 1989 and is committed to getting each client the compensation they deserve. Our office serves clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation with Mr. Kaufman, call our office today at (631)-388-7172 or contact us online.

Car Accident Insurance Claim FAQs

If you have been injured by another motorist’s carelessness or negligence in a car accident, you’re likely to have questions. You are not alone, and the answers to these frequently asked questions may help. It’s important to recognize, however, that every car accident claim is unique to the circumstances involved, and it’s always in your best interest to consult with an experienced New York personal injury lawyer.
After an Accident, What Should I Do First?
If you’re in a car accident, the steps you should take are straightforward and include (as applicable):
  • Pull as far off the road as possible for safety purposes
  • If anyone involved is injured, call 911 immediately and offer whatever aid you can until medical help arrives
  • If offered, accept medical assistance, and if it isn’t offered, seek medical attention from your doctor
  • Consult with an experienced personal injury attorney
These steps apply to nearly every car accident.
Do I Really Need to See a Doctor?
If you’ve been involved in a car accident, it’s always in your best interest to seek medical attention. The upheaval associated with a traffic collision and the adrenaline rush you experience can initially mask the signs of an injury. Further, an injury can blossom over time – turning into something both more serious and more difficult to treat. Always err on the side of caution and see a doctor if you’ve been involved in a car wreck.
Should I Speak with the Insurance Representative?
If another driver's negligence leaves you injured, your claim may go through that driver's insurance company, but this does not mean that you are obligated to provide the insurance company with a statement. In fact, you are well-advised not to do so. Your experienced personal injury attorney will provide the insurance company with everything it needs to know on your behalf.
Do I Need an Attorney?
If you’ve been injured in a serious car accident, you’re may be facing considerable damages that can include:
  • Medical expenses
  • Lost wages
  • Pain and suffering
If you aren’t fully compensated for the damages you’ve sustained, it makes reaching your fullest recovery that much more difficult. Working closely with an experienced personal injury attorney provides you with the distinct advantage of having a knowledgeable legal advocate – who will fight for the compensation to which you are entitled.
Consult with an Experienced New York Personal Injury Attorney Today
If you’ve been injured by another driver’s negligence, attorney David Kaufman at the Law Office of David M. Kaufman, serving Suffolk County, Nassau County, and all of New York State, knows how difficult your situation is, and he’s committed to helping you obtain the compensation to which you are entitled. Mr. Kaufman is a dedicated personal injury attorney who takes pride in his advocacy for clients’ rights. For more information, please contact or call us at 631-761-6400 to schedule a free consultation today.

Take Your Time Choosing the Right Lawyer for You

If you’ve been injured as a result of someone else’s carelessness or negligence, you need an experienced New York personal injury attorney on your side. Finding the right lawyer for you, could take some time. Choosing the first name you see online or taking the first reference from your neighbor’s aunt isn’t going to do you, or your case, any justice. Taking the necessary time to find an experienced personal injury lawyer with whom you feel comfortable working and who answers your questions thoughtfully and in language that you understand is worth the effort.
Experience Matters
If someone else’s negligence leaves you injured – whether at work, in a traffic accident, in a slip and fall, or anything else – you need the professional legal counsel of an attorney who is well versed in New York personal injury cases. An attorney who dabbles in such cases is not likely to have the resources, skill, and knowledge necessary to obtain optimal results for your case. An attorney with significant personal injury experience is better prepared to successfully meet your legal needs, including:
  • Negotiating with the insurance company on your behalf
  • Valuing your case for settlement purposes
  • Knowing when to settle and when to move forward toward trial
You are More than Just a Case Number
If you have a personal injury claim, you need a personal injury attorney who cares about you and your case. When you find an experienced personal injury attorney with compassion for your circumstances, you’ve found a good match.
Building Rapport
Bringing a personal injury claim requires you to work closely with your personal injury attorney. To maximize this effort, building rapport is critical. When you’re comfortable working with your personal injury attorney, that’s half the battle. The fact is that personal injury claims can be complicated and lengthy. When you and your attorney build rapport along the way, it bodes well for your claim. If, on the other hand, you sense no personal connection, it’s probably a good idea to move on.
Your Personal Injury Attorney
While every claimant’s needs and every claim are unique, there are certain attributes that everyone should look for in a personal injury attorney, including:
  • Someone who listens carefully to your legal concerns and helps you find the best path forward
  • Someone who answers your questions in language you understand
  • Someone who gives your case the time, resources, and attention required
If You Need an Experienced Personal Injury Attorney in New York, Contact Us Today
If you’ve been injured by someone else’s negligence, David Kaufman at the Law Office of David M. Kaufman, proudly serving Suffolk County, Nassau County, and all of New York State, is a personal injury attorney with an impressive record of success helping clients like you. Mr. Kaufman takes great pride in building strong attorney/client relationships and paying careful, individualized attention to every case. For more information, please contact or call us at 631-761-6400 to schedule a free consultation today.

What happens if you were in a car accident but don’t want to sue for your injuries?

A few months ago my office finished up a difficult injury case for a young woman. She came to me after being injured in a single-vehicle crash. She was the passenger in a car wreck that was caused when her boyfriend drove into a bridge abutment. He was arrested at the scene for being drunk and was charged with Driving While Intoxicated. She claimed that she had no idea he had been drinking, that he had only just picked her up, and the crash happened moments later. She was adamant at our very first meeting that she did not want to ever sue her boyfriend. She did not want any lawsuits, no matter what. I explained that she had some serious injuries and that she could possibly collect money for these injuries, but she stated that no matter what happened, she did not want any claim against him.
She hired me to help process her large medical bills, and I agreed.
Over the course of the next few months, we discussed her medical condition, her ongoing treatment, and the future of her injuries. My office guided her through the No-fault process and made sure her rights were protected, and her responsibilities were managed.
She eventually came to trust my counsel and we discussed a possible lawsuit. She informed me that she would never waiver from her stance that we never bring any lawsuit against her boyfriend. they were eventually going to marry, she said.
I told her she could walk away from any lawsuit, never start any legal action, and still collect the entire amount of insurance proceeds of $100,000 if she trusted me and let me handle the injury case; I assured her I would never sue her future husband. She agreed.
Two weeks later, based upon her injuries, and the fact that the future husband caused the crash, and was 100%% at fault, I obtained an offer of the entire insurance policy from the driver's insurance company of $100,000. I explained that when she signed the document accepting the policy, she would waive any and all lawsuits, and instead accept the policy limits as offered, namely $100,000. I explained to her that there would be no lawsuit, no legal action, nothing served on him, just a settlement. And a settlement forever ends the matter, just as she wanted, without a lawsuit.
The case is over. Full policy limits obtained. And all it took was to spend some time actually communicating with a woman who had been injured, was scared, and had no idea how the process worked. And while I cannot say she is happy, I can say she is satisfied the way it all worked out, given the fact that she was going to walk away from a large settlement because she had a fundamental misunderstanding about the process.
Need Help?
If you have been hurt in an accident caused by someone else’s negligence or carelessness, contact the Law Office of David M. Kaufman today. We offer free, comprehensive consultations in which you can get all your questions answered. We understand the importance of building a trusting relationship. Get in touch through our contact page or call 631-761-6400 to get started.

New York COVID-19 Update

The novel coronavirus is here, and the world, the United States, and the State of New York are paying strict attention. The pandemic has caused significant disruptions to all of our daily lives, and Suffolk County, Nassau County, and Long Island in New York are not exceptions. While facing a pandemic is difficult at best, understanding the basic facts as they evolve can help you make measured decisions as you move forward.
The COVID-19 Toll
The novel virus known as COVID-19 claimed its first death in Nassau County on Tuesday, March 17 (according to Newsday). This fatality came only one day after Suffolk County’s first three deaths related to the virus’s outbreak were reported. Both the governor and the attorney general of New York formally announced the temporary cessation of debt related to student loans and medical bills through April 15 in an effort to aid those New Yorkers who are forgoing income and revenue at this time.
Recognizing the Signs
It’s critical to be able to recognize the signs and symptoms of COVID-19, both so that you can protect yourself and others. Here is a chart developed by the World Health Organization (WHO) that can help you distinguish between COVID-19 and other common diseases.
The World Health Organization Weighs In
The World Health Organization (WHO) shares the most reliable ways to protect yourself from COVID-19, and they include:
  • Wash your hands frequently and thoroughly
  • Maintain social distancing, which amounts to at least 3 feet of distance between yourself and anyone who is sneezing or coughing
  • Avoid touching your eyes, nose, and/or mouth
  • Cover your mouth and nose when you sneeze with either a tissue or with your bent elbow
  • If you feel unwell, stay home, but if you have a cough, fever, or breathing difficulties,
These points represent the global basics that we should all be following.
The State of New York Weighs In
As of March 18, the State of New York has made its own recommendations based on boots-on-the-ground experience. In fact, New York is taking extreme precautions in relation to this unprecedented health threat. These precautions include:
  • As of March 20, a work-from-home policy related to nonessential businesses goes into effect.
  • By March 20, those businesses that rely upon an in-office workforce must decrease their on-site personnel by at least half.
  • Retail shopping centers, amusement parks, and bowling alleys in New York, Connecticut, and Pennsylvania will be closed as of Thursday, March 19, at 8 PM.
  • All New York schools will be closed from at least March 18 to April 1.
  • All New York theaters, gyms, and casinos are closed indefinitely.
  • All New York restaurants and bars are currently closed (takeout business remains in play).
It’s a lot to take in, but staying abreast of this information is instrumental in these trying times.
What’s Next?
Unfortunately, no one knows what’s next, but staying abreast of current information is key. As such, the Centers for Disease Control and Prevention (CDC) reminds all of us to do the following:
For Legal Guidance, Contact Us Today
We are navigating uncharted territory when it comes to COVID-19, but attorney David Kaufman at the Law Office of David M. Kaufman has the experience, commitment, and compassion to help with your legal concerns as they relate to coronavirus or otherwise. Mr. Kaufman proudly serves Suffolk County, Nassau County, and Long Island, so please don’t hesitate to contact or call us at 631-761-6400 to schedule a free consultation today.

What to Look for in a Personal Injury Attorney

If negligence, malpractice, or an accident has caused you serious injury, you may feel particularly vulnerable. Though you may know you deserve compensation for your injuries, it can be hard to trust a stranger with this responsibility. Don’t let the fear of hiring the wrong personal injury attorney in Suffolk County keep you from getting the compensation you need. Instead, learn about what to look for in a personal injury lawyer and meet with a few candidates. When you pick a law firm that fits your unique needs, you can trust them to work hard on your case.
Experience in the Right Area of Law
Personal injury is a large and diverse area of law that can involve a wide variety of types of accidents. While any personal injury attorney in Suffolk County can represent a client with a personal injury case, it pays to pick an attorney with expertise in your specific circumstances. For example, there are specific laws that deal with sexual harassment lawsuits, which are different from laws governing other types of personal injury cases. Furthermore, these cases can be particularly sensitive in nature and require expertise. That’s why it’s vital to find an attorney who has dealt with such a sensitive subjects before.
Impressive Results with Similar Cases
When you choose a personal injury attorney, you are hiring a professional to do a job. As such, it’s perfectly acceptable to ask about their previous experience and the results of their work. It’s one thing to have had cases like your before, but it’s another to have gotten results for those clients. Just remember that each case rises and falls on its own merits. No two cases are exactly alike, and each case has its positives and challenges.
Be sure the law firm you hire has successfully helped people in similar situations as yours. In the same vein, make sure your attorney agrees with you on what types of settlements you would take and in which circumstances you would go to trial.
Comprehensive and Free Consultations
How do you get answers to your questions without spending your money? Choose attorneys who give free and comprehensive consultations. Beware of Suffolk County injury attorneys who say they give free consultations, but only give you a few moments of their time, or otherwise limit your consultation.
How a lawyer treats you in the consultation says a lot about how they will treat you as a client. An attorney who answers all of your questions and listens during your consultation will give you plenty of personalized attention during your case. However, those who can’t wait to get you off the phone, or out of the office, may not be as available as you would like during this important time.
Find a Suffolk County Personal Injury Lawyer
When you’re ready to hire a personal injury attorney, consider attorney David Kaufman at the Law Office of David M. Kaufman. We have experience in many types of personal injury cases and an impressive record of getting results for our clients. Most importantly, we give each client individualized attention. To schedule your free, comprehensive consultation, call us at 631-761-6400 or contact us today.

Personal Injury Attorney Fees Explained

If you’ve been injured in an accident of any kind, you may believe or be under the impression that you’re entitled to some kind of compensation. After all, if the accident wasn’t your fault, someone else should have to cover your medical costs. However, the fear of paying an attorney keeps many people from getting the legal help they need to get the compensation to which they may be entitled.
Other Nassau County personal injury attorneys may set their own fee structure. At the law office of David M. Kaufman, PLLC, we work solely on a contingency basis. In other words, we don’t get paid unless you do. Understanding this fee structure can help you decide whether to hire a personal injury attorney and see that doing so fits into any budget.
What Happens If I Win in Court or Settle?
There are different ways that you can get compensation through a lawsuit: a favorable verdict, judgment or a settlement. When someone does not want to take the case to court for whatever reason, their attorneys may offer a settlement in exchange for the other side releasing the at-fault party from liability.
Sometimes the settlement is worth it, and other times it is not. Your Nassau County personal injury attorney will help you decide. If you win a sum of money in court or take a settlement, your attorney will take a portion of that money. You and your lawyer will discuss the percentage before your case begins, and you start working together.
What If I Go to Court and Lose?
When a case is not resolved through the settlement process, it often ends up in court, and possibly at trial. Many times, our clients win and get the compensation they need. However, there is no way to guarantee this will happen. As such, sometimes, clients leave with no compensation. Importantly, if you lose at trial, you won’t owe us a dime. When lawyers work on a contingency basis, they only collect money if their client does.
Why Do Personal Injury Attorneys Structure Fees This Way?
When you file a personal injury lawsuit, you may feel like the world is against you. Insurance companies, the other party, and a whole legal team may be trying to keep you from getting the compensation you deserve. When you’re under that kind of pressure, it’s important for you to know that your attorney is 100%% on your side.
With contingency payments, we don’t get paid unless and until you do. That’s the best assurance you can have that your legal team will do all we can to get you every cent you deserve. Furthermore, this fee structure allows anyone to hire a personal injury attorney when they need one. After all, justice should not just be for people who can pay.
How Can I Hire a Nassau County Personal Injury Lawyer?
If you have been hurt in an accident caused by someone else’s negligence or carelessness, contact the Law Office of David M. Kaufman today. We offer free, comprehensive consultations in which you can get all your questions answered. We understand the importance of building a trusting relationship. Get in touch through our contact page or call 631-761-6400 to get started.

Wrongful Death in New York

Personal injury lawsuits can be emotional, especially when they involve wrongful death. However, laws governing civil lawsuits do not always recognize the grief and emotional pain that loved ones go through when someone dies at the hands of someone else. As difficult as it is, it’s vital for those involved in wrongful death lawsuits to know how New York law treats these cases and what to expect during the process. An experienced Long Island personal injury attorney can help you navigate this system.
History of Wrongful Death in New York
Before 1847, the common “wisdom” in the United States was that it was more expensive to hurt someone than to wrongfully cause their death. The reason for this was that someone could file a lawsuit if you hurt them through negligence or other wrongdoing. However, if the incident caused death, there was no legal recourse for the surviving family members.
This began to change when New York became the first state in the country to allow for wrongful death lawsuits. This law let surviving family members sue to recoup the costs of losing their loved ones due to another person’s mistake. The compensation could cover things like funeral expenses and lost wages.
As revolutionary as this legislation was at the time, it missed one key thing: wrongful death involves grief and emotional suffering as well. The horrible truth was that the law did not recognize the real value of children, homemakers, companionship, and love.
The Value of Life in New York Law
When New York’s law was enacted, only white men over the age of 21 years who had steady jobs had monetary value under the regulations. Because children and women didn’t bring in money as men did, these deaths often went uncompensated. Furthermore, people of color were not given value in this sense.
Today, white women and people of color do earn money, and thus they have value under these laws. However, New York statutes continue to ignore the real value that people bring to their loved ones in other ways. For example, a child may not bring any money into the home, but they add so much more to a family. The love and bond between a parent and child are beyond monetary value. As such, wrongful death suits in New York still do not compensate for the unspeakable pain and suffering that parents go through when they lose a child.
How Other States Have Progressed in Wrongful Death Suits
Other states do recognize the value of love, homemaking, and other contributions a person makes to a family. Jurisdictions across the country have allowed families to be compensated for the mental anguish and emotional suffering that follows a wrongful death. However, New York’s courts continue to stop the same recognition in the state.
Call Us Today to Schedule a Free Consultation with Long Island Personal Injury Lawyer
If your loved one has passed away due to someone else’s wrongdoing, it’s important to act quickly. New York has strict limits on how long family members can take to file wrongful death lawsuits. David M. Kaufman is a Long Island personal injury attorney who can help. Reach out through our contact page or call 631-761-6400 to get help soon.

2020 New York Legislative Update

With the new year comes new legislation. It’s important to look back on the past year’s legislative victories. The New York State Trial Lawyers Association (NYSTLA)--of which David M. Kaufman is a member--has played a large part in getting some new bills passed or placed in front of the state’s legislature.
These new laws will affect many different cases and help people across the state. In particular, NYSTLA has helped advance legislation that will help victims of childhood sexual abuse, anyone injured in a limousine, and people hurt by uninsured or underinsured drivers.
The Child Victims Act
The New York Child Victims Act is a landmark piece of legislation that allows people who were victims of sexual assault as children to bring forward civil cases against their abusers, even many years after it happened.
Until August 13, 2020, people who suffered childhood sexual abuse can bring forward cases against their abusers in New York no matter their current age or how long ago the assault occurred. After this date, victims will still be able to file lawsuits, but there will be some time limits imposed.
After August 13, 2020, victims of childhood sexual assault can file a civil suit against their abusers if the event took place when the victim was under 18 years of age, and the victim is now under the age of 55 years.
A victim can also hire a Long Island personal injury attorney to file a lawsuit against a liable third party. For example, if the abuse occurred at a church, school, or other organization, that organization may owe the victim compensation for pain and suffering.
New Insurance Requirements for Limos
High-capacity for-hire vehicles, commonly called “limos,” can get into accidents and cause serious injuries for passengers. However, these vehicles often did not have enough insurance to cover all the expenses involved. That’s why NYSTLA successfully advocated for a bill that now requires limo companies to carry more insurance.
Limos must now carry $1.5 million in insurance for bodily injury or death of a passenger. They must also carry an additional $1.5 million in uninsured/underinsured motorist coverage, in case the other vehicle does not have enough insurance.
Updates for Supplementary Uninsured/Underinsured Motorist (SUM) Coverage
Unfortunately, too many drivers in New York drive without enough insurance to cover the liability if they cause an accident. While SUM insurance can help drivers cover these costs when they are involved in accidents with uninsured drivers, many insured drivers didn’t carry this supplemental coverage. Part of the problem was that SUM was an opt-in option, in which drivers had to affirmatively seek the insurance. Unfortunately, too many drivers didn’t know this was an option until it was too late.
With new NYSTLA-sponsored legislation, insurance companies would have to automatically enroll drivers in SUM coverage, allowing drivers could opt out if they wanted. In addition, the law requires insurance companies to offer SUM coverage that matches consumer's liability coverage if the consumer has chosen liability coverage above the state-required minimum. The legislature will have to consider this bill before its sunset date in mid-2020.
Contact a Long Island Personal Injury Attorney to See How These Laws Affect You
If you’ve been hurt in an accident or are the victim of childhood abuse, you need an experienced Long Island personal injury attorney at your side. Contact the Law Office of David M. Kaufman today for a free consultation. He will answer your questions, treat you with compassion, and help you decide what course of action is right for you. Get in touch through our contact page or by calling 631-761-6400.

Green Construction: Great for the Environment, but Dangerous for Workers?

Construction work – like every kind of work – has changed over the years, and there is a definite trend toward adopting more green approaches. Going green is naturally good for the environment – with modern materials and building techniques – but it can also lead to more accidents on the job. The fact is that construction work is inherently risky, and construction work with a green focus can be even more so. If you've been injured on the job as a result of the project's green approach, it's time to consult with an experienced New York personal injury attorney.
The Benefits of Green Construction
Construction work that’s green is more environmentally friendly, and it manages to do this by incorporating:
  • Natural building materials
  • Recycled building materials
  • Environmentally conscious building techniques
All of these can help the project have less of a negative impact on the surrounding environment.
The Risks Associated with Green Construction
The fact is that when a construction project takes on a greener approach, it can leave the employees in the dark regarding how to proceed safely with the work at hand. Green building materials and building techniques can be different than the materials and techniques that construction workers are used to, which can leave them at a distinct safety disadvantage. As with any other kind of change in materials and work techniques, construction workers need adequate and appropriate training to help them transition to green practices safely and efficiently. When construction workers are unfamiliar with the work at hand, accidents become more likely, and accidents on construction sites can be especially dangerous.
Familiarize Yourself with Green Practices
If you know your work is making the change toward a greener approach to construction, it is in your best interest to familiarize yourself with best practices as they apply to this work. While working with green materials likely reduces the risk associated with working closely with dangerous toxins, there are other safety concerns to consider. While your employer should provide you with the necessary safety training for the changes you'll be experiencing, and the manufacturer should provide your employer with the necessary information to follow through with this training, this isn't always the case. An ounce of prevention is always worth a pound of cure, so take the extra time you need to up your safety game before transitioning to a green project.
Call Today to Schedule a Free Case Evaluation with a New York Construction Accident Lawyer
When construction companies go green, they may be doing something good for the environment but may also be increasing their employees’ injury risk. If you’ve been injured on the job, attorney David Kaufman at the Law Office of David M. Kaufman understands how difficult your situation is and is committed to helping you understand your best legal options.
Mr. Kaufman serves Suffolk County, Nassau County, and Long Island, and he takes great pride in building strong working relationships with his clients – relationships built on trust that allows him to construct your strongest case in support of the compensation to which you are entitled. For more information and to schedule a free consultation, please don’t hesitate to contact us online or call us at 631-761-6400 today.

Important Safety Tips to Help You Avoid a Dangerous Ladder Accident on the Job

If you work in construction, you may be regularly at risk of injury, and the job becomes more dangerous when you are working from heights, such as on a ladder. In fact, ladder work is some of the riskiest work that's done on construction sites, and it requires additional safety precautions. If your work regularly involves ladders, it’s possible that you have become complacent about ladder safety. Whatever the situation, however, it is always a good idea to refresh your knowledge about staying safe on ladders on the job. In the unfortunate event that you have already been injured in an accident involving a ladder at your worksite, you should contact a New York personal injury attorney as soon as you can.
Ladder Safety
When it comes to staying safe while working on a ladder, there are two major safety components: the ladder itself and how you use that ladder. You need a safely designed and well-constructed ladder that you use in accordance with all applicable safety standards. Read on to better understand how you can stay safer up there.
The Ladder
According to the Occupational Safety and Health Administration (OSHA), there are highly specific safety standards that ladders must meet. These include:
  • Ladders should be able to support at least four times their maximum intended load (as posted).
  • The ladder's rungs should be parallel, level, skid-resistant, and uniformly spaced when the ladder is positioned for use.
  • Ladders should be kept free of slipping hazards, such as oil, wet paint, grease, and more.
  • The area around the top and bottom of a ladder should be kept clear.
Using the Ladder Safely
In addition to working on a safe ladder, it’s critical to use the ladder safely. Some important safety tips are listed below:
  • Inspect the ladder prior to use – every time.
  • Avoid electrical hazards by ensuring that there are no overhead power lines before handling the ladder.
  • Climb the ladder safely by keeping your body near the middle of the steps, always facing the ladder when climbing, and maintaining at least a three-point grip (either two hands and a foot or two feet and a hand) at all times.
  • Only use ladders for their intended purposes.
  • Do not step onto the top rung of the ladder unless it was expressly designed for that purpose.
  • Never move or shift a ladder while someone is on it.
Contact an Experienced New York Personal Injury Attorney Today
Attorney David Kaufman is committed to helping you reach your fullest recovery by fighting for the compensation to which you are entitled. He is dedicated to working closely with every client he represents and is invested in the outcome of every case. Mr. Kaufman’s stellar track record of legal successes speaks for itself, so please don’t hesitate to contact us online or call us at 631-761-6400 today.

Defective Work Tools at Construction Sites

Construction work is notoriously dangerous work. When the tools workers use are defective, it makes the work that much more risky. The fact is that the tools and goods we buy can be manufactured or designed in a manner that renders them extremely dangerous, and when these tools are heavy-duty tools used for heavy-duty construction work, the potential for serious injuries increases exponentially. If you have been injured by a defective tool on the job, consult with an experienced New York personal injury attorney today.
Manufacturer Defects
The manufacturers of the tools that workers use on construction sites are responsible for ensuring that the industrial equipment is safe for use on the job. This includes designing safe tools with appropriate use and maintenance instructions. If the manufacturer fails in these efforts and you are injured in the process, you may have a viable products liability case against the manufacturer.
Defective Tools Can Cause Extremely Serious Injuries
Some tools, like drills and power saws, are inherently dangerous. When a construction worker is working in the field with such tools, he or she needs to know that the tool is free from design and manufacture flaws. When this isn't the case, the resulting injuries can be devastating, and can often include:
  • Serious burns
  • Serious cuts and lacerations
  • A loss of a finger or an entire limb
  • A crush injury
  • Electric shock
  • Injuries to the eye or a loss of vision
  • Broken bones
Third-Party Lawsuits
If you are injured on the job, you are entitled to file a Workers’ Compensation claim to cover your lost wages and medical expenses. If you were injured by a defective work tool on the job, however, you may also have a claim against the manufacturer that can help you cover your additional damages, including further financial losses and the pain and suffering you endured as a result of the injury-causing accident.
Protecting Your Rights
If you work in construction, you take additional precautions every day to help yourself stay safe in a job that is inherently more dangerous than most. Further, your employer is responsible for providing you with the appropriate safety training – including how to use work tools safely – in a reasonably safe working environment with safe equipment that works correctly and is well maintained. If – in spite of all these necessary precautions – the tool you were using was unsafe and leaves you injured, it's time to consult with an experienced New York personal injury lawyer.
If a Defective Work Tool Leaves You Injured on the job, an Experienced New York Personal Injury Attorney Can Help
Construction work is dangerous even without the addition of defective tools. If a defectively designed or manufactured tool leaves you injured on the job, attorney David Kaufman at the Law Office of David M. Kaufman has the experience, skill, and dedication to aggressively advocate for your rights and for your rightful compensation.
Mr. Kaufman proudly serves Suffolk County, Nassau County, and Long Island, and not only has an impressive track record of legal success with cases like yours but is also committed to forging a relationship based on trust with all his clients. To learn more and to schedule a free consultation, please don’t hesitate to contact us online or call us at 631-761-6400 today.

4 Facts about CRPS You Need to Know

According to the Mayo Clinic, complex regional pain syndrome – or CRPS – is a manifestation of chronic pain that is not in proportion to the severity of the original injury. CRPS typically affects a sufferer’s arm or leg after an injury to the limb has occurred. If you’ve contracted CRPS as a result of someone else’s negligence, you need an experienced New York personal injury attorney on your side.
A Variety of Events Can Trigger CRPS
CRPS generally happens after an illness or injury that affects the area in question, but that does not directly damage the nerves. Precipitating events can include:
  • A sprain or fracture in the affected limb
  • A surgery on the affected limb
  • An infection in the affected limb
  • A heart attack
Some sources also speculate about whether extreme emotional stress may play a role.
Symptoms Can Vary Widely, but There Are Some Common Signs
The main symptom that presents with CRPS is a continuous throbbing or burning pain in the affected area – whether an arm, hand, leg, or foot. Other common symptoms can include:
  • Swelling
  • Stiffness in the joint
  • Increased sensitivity
  • Changes in skin temperature, color, or texture
To make things more complicated, the pain can spread to the opposite limb, and symptoms can change over time. Research indicates that, with severe cases, the damage can be long-term and difficult to recover from, which is why early diagnosis and treatment is critical.
While CRPS Can Affect Anyone, Some People Are More Susceptible
CRPS can affect nearly anyone, but it’s most common in women who are an average age of about 40. While children who are under 5 are not susceptible, children under the age of 10 can contract the disease – but it is rare. CRPS, however, is not uncommon in teenagers. Additionally, there is some preliminary evidence regarding a possible familial connection. Because CRPS is not well understood, there is no testing mechanism for diagnosis, which makes it that much more difficult to diagnose. Generally, a medical professional must rely upon the patient’s symptoms and medical history for diagnostic purposes. Further, tests for illnesses with similar symptoms are often employed to rule them out. These include conditions like arthritis, Lyme disease, blood clots, and more.
Dealing with CRPS? Call Us Today to Schedule a Free Case Evaluation with a Suffolk County Personal Injury Lawyer
CRPS is an extremely painful condition that can have serious consequences in your life. If you’ve contracted CRPS in an accident that was caused by someone else’s negligence, attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – can help. Mr. Kaufman is a formidable personal injury attorney who is committed to aggressively advocating on behalf of your rights throughout the legal process. We’re on your side, so please do not hesitate to contact or call us at 631-761-6400 to schedule a free consultation today.

Vehicle Accidents at Construction Sites

Construction work is a necessary component of our bustling economy, and it allows our roadways to handle ever-increasing traffic. While the goal of road construction is to make our highways safer, the fact is that road construction itself may lead to dangerous accidents. If you’ve been injured in a vehicle accident that was caused by road construction, consult with an experienced New York personal injury attorney today.
Road Construction Accidents: Common Causes
Road construction is inherently dangerous. There are lane changes, speed changes, temporary barriers, and more –which can contribute to accidents. While road construction can lead to nearly any kind of accident, there are several types that are most closely associated with construction zones. These include:
Inadequate or Otherwise Improper Signage
Road construction requires that drivers be keenly alert and aware in order to accommodate the work that’s being done. If drivers, however, aren’t provided with ample warning – in the form or adequate signage – dangerous accidents are more likely. Both federal and state laws regulate what level of signage is required in different situations. This includes where signs should be placed and how many signs are necessary to help motorists safely navigate through the construction area. If a construction company fails to adhere to safety regulations, it can lead to accidents.
Turns that Are too Sharp
Road construction often requires drivers to change lanes, change course, and even to change roads. Such changes can be extremely precarious when motorists aren’t given adequate warning, when the turns themselves are too steep, or are taken at unsafe speeds (often because of inadequate warning).
Pavement and Road Conditions that Are Unsafe
Road construction naturally means that roads are under construction, which can lead to uneven pavement or road conditions that are otherwise unsafe. Failing to adequately mark unsafe road conditions leaves everyone on the roadway vulnerable to dangerous accidents. Sometimes hazardous conditions exist even after road construction has been completed, and in these situations, drivers have virtually no indication that there may be a safety issue.
The Construction Company’s Duty
Construction companies are required to maintain safe construction zones that are in compliance with all state and federal laws. Further, if the construction zone involves unfavorable conditions that are unforeseen by said laws, the construction company is responsible for taking the necessary safety precautions. When a construction company fails to maintain this level of safety, it can be found legally responsible if an accident occurs.
If You’ve Been Injured in a Construction Zone Accident, an Experienced New York Personal Injury Attorney Can Help
Construction sites on our roadways are especially dangerous. If you’ve been injured, attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – is committed to helping you obtain your best possible resolution. We’re on your side, so please don’t hesitate to contact or call us at 631-761-6400 to schedule a free consultation today.

Record Workplace Safety Settlement Highlights Dangers Associated with Poorly Managed Construction Work

It's a given that construction work is dangerous, but when construction sites are dangerous to begin with, the chances of life-threatening accidents occurring grows exponentially. In fact, a construction worker in Brooklyn was recently awarded a record $36 million settlement in just such an accident. If you've been injured as a construction worker on the job, consult with an experienced New York personal injury attorney today.
The Accident
In 2016, Ricardo Tavares was working for Brooklyn’s Department of Environmental Protection on a roadway sewer excavation project. In the course of that work, one of Mr. Tavares’s coworkers snagged a utility line overhead while operating a mobile excavator machine. The accident caused a utility pole to come crashing down on the victim’s head. In the process, Mr. Tavares, who is 39, was thrown almost 20 feet – into the bottom of an excavation trench and suffered extensive injuries in the process.
Injuries Sustained
Mr. Tavares sustained serious head injuries along with several spinal fractures that left him with a traumatic brain injury and with his arms and legs paralyzed. Tavares now needs a wheelchair in order to get around and has needed extensive medical care, including:
  • Enduring multiple surgeries
  • Requiring extensive hospitalization
  • Exhaustive rehabilitation
Tragic Results
Mr. Tavares and his family’s lives have been upended because of an accident that could have been easily avoided (according to his lawyer). Mr. Tavares is married to a special education teacher, and they have a daughter who is eight years old.
Construction work has mandatory safety regulations for obvious reasons, and these include safety checklists that require checking for obstructions and hazards – like the overhead utility line in this case. Had the appropriate checks been made, this accident could have been prevented. In fact, it came to light in the course of the case that the overhead wire was obsolete and should have been removed in the routine process of worksite preparations.
Construction Accidents
Construction work involves working with heavy equipment and electricity, working from heights, and working among many other dangers – and this is exactly why there are strict safety regulations in place. When construction companies fail to carefully adhere to these important safety guidelines, they unnecessarily endanger all of their employees. As this case illustrates, the law finds that construction companies should be held accountable for any accidents that ensue as a result of their own negligence.
Call Us Today to Schedule a Free Case Evaluation with a Nassau County Personal Injury Lawyer
Construction site accidents can lead to catastrophic injuries that irrevocably alter someone’s life. Attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – is committed to fighting for your rights throughout the legal process. Mr. Kaufman is on your side, so please don’t hesitate to contact or call us at 631-761-6400 to schedule a free consultation today.

Is the Insurance Company Monitoring Your Social Media?

Do you feel like there’s somebody watching you? Well, it may be because they are. In fact, your insurance company may be monitoring your social media accounts in an effort to gather information about you – information they could use to raise your premiums, limit your settlement, or even deny your claim outright. If you have a personal injury claim, your rights are too important to leave to chance – consult with an experienced New York personal injury lawyer today.
Mining Your Social Media
It is becoming standard practice in the insurance industry to pursue consumers’ social media posts, and this is known as social-media mining. If they find something that they can use to characterize you negatively, they’re likely to do so. For example, if you post pictures of yourself hoisting a beer on the beach with friends after suffering a shoulder injury, the insurance company may use the photos against you. The insurance company may use the post to cut off payments or to undercut a settlement offer.
Fraud Detection
Insurance fraud costs insurance companies and consumers millions of dollars every year, and that makes fraud detection important work. While insurance companies maintain that the honest among us have nothing to fear from their fraud detection techniques, that isn’t exactly the way it works. The insurance company’s interpretation of your posts may miss the mark entirely, but there is little to stop them from doing so.
Internet Searches
Your insurance company can find out about you by Googling your name. You may not be aware of the information trail you’ve left behind, including in:
  • Your business website and your personal bio
  • Any personal or business blogs that you contribute to or author
  • The comments you leave on other people’s and/or other business’ social media outlets
  • Any online content that focuses on you, your business, and/or your work
  • Your posts on various social media platforms
From this online presence, the insurance company can glean information about your employment status, hobbies, residence, relationship status, lifestyle, and much more. All of this can be cobbled together to paint a picture about your life that may or may not be true but that the insurance company can nonetheless support with the evidence they’ve mined online.
Schedule a Free Case Evaluation with a New York Personal Injury Attorney Today
If you’ve been injured as a result of someone else’s negligence, the last thing you need is to have your social media posts misconstrued as evidence against you – but it can happen. Attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – has the tenacity to fiercely advocate for your rights and for your rightful compensation. We’re here to help, so please do not hesitate to contact or call us at 631-761-6400 to schedule a free consultation today.

HOW A LONG ISLAND CAR ACCIDENT LAWYER CAN HELP MAXIMIZE YOUR SETTLEMENT OFFER

The aftermath of an injury-causing accident can be an extraordinarily stressful time. Between doctor’s visits, repair bills, and time away from work, you may even be tempted to simply allow the insurance company to take the lead in determining how much compensation you will get. While this may seem like the path of least resistance, it can result in you accepting a settlement far below the actual value of your claim. For this reason, if you’ve been hurt in a wreck, you should call a Long Island car accident attorney as soon you can. When you’re represented by an attorney, he or she will take the time to fully evaluate both your economic and non-economic losses – and make sure the insurance company treats you fairly. If it doesn’t, your lawyer may file a lawsuit on your behalf to make sure you get the compensation you deserve.
The Insurance Company Cares More About its Bottom Line than Your Recovery
While every accident is unique to its own circumstances, it’s important to recognize that all insurance companies are for profit organizations that are in the business of making money. This means that their incentive is to minimize settlements by whatever means they can. Insurance companies are well versed in tactics that help to keep their payouts low, and this leaves you at a disadvantage.
An experienced accident attorney will know how to negotiate with the insurance company to help ensure that you receive a just settlement. If you’ve already been offered a settlement, do not accept it before first consulting with a New York accident lawyer who will determine the approximate value of your case, as once you accept an offer, it is nearly impossible to obtain additional compensation.
Your Total Damages Accidents are so upsetting and unexpected that they tend to leave victims in a state of shock. If you’ve been injured, it’s that much worse. It’s important, however, to ensure that the total damages you’ve suffered are accounted for in your claim. Some examples of damages that are often sought in claims arising from motor vehicle accidents include:
Negotiations
Your compensation for the damages you’ve suffered in an accident will likely hinge on negotiations with the insurance company, and this isn’t a task you should tackle on your own. A New York car accident lawyer will skillfully take care of these negotiations on your behalf.
Insurance companies are adept at tripping up unsuspecting claimants, but an experienced accident attorney understands how best to both avoid such pitfalls and to champion your rights in the settlement process.
And of course, if you do not want to accept the insurance company offer, or if there is NO offer, you need an attorney who can take your case to trial! David M. Kaufman has been trying accident cases for almost 30 years.
If You’ve Been Injured, Consult with an Auto Accident Lawyer in Long Island Today If another driver’s negligence has left you injured, you need experienced legal counsel. New York attorney David M. Kaufman has the experience, skill, and dedication to fight for your claim’s best possible outcome. Your initial consultation is free, and David will ensure that all your questions and concerns are addressed.

Car Insurance Company Tactics that Leave Victims High and Dry

Car accidents are often terrifying experiences and can have long-term consequences for drivers, passengers, and their families. An accident may only last a few seconds, but the physical, emotional, and financial damage can continue for years afterward. New York requires drivers, and each motor vehicle, to carry automobile insurance, In part, drivers pay for insurance to protect themselves. Unfortunately, insurance companies often engage in underhanded tactics to avoid paying insurance claims, even to their own insureds.
Below are some of the most common tactics used by insurance companies to avoid paying insurance claims. If you have been in an accident, it is important that you contact a personal injury attorney as soon as possible to discuss your case and to protect your interests against any unscrupulous insurance company.
Ways Insurance Companies Try to Avoid Paying Claims
Insurance companies are first and foremost businesses that want to make as much money as possible. Therefore, it is in insurance companies' best interest to pay as little as possible on each claim they receive. Below are common tactics to look out for after a car accident:
  • Pressuring Victims into Giving Statements – Immediately after an accident, a claims adjuster may contact you and ask you to provide a recorded or written statement about the accident. The adjuster may even pressure you to give the statement without an attorney present. These statements are used by companies to evaluate your claim and adjusters are trained to lead victims into giving statements that support lower claims or no claim at all. You should not speak to a claims adjuster or give any sort of insurance statement without an attorney present.
  • Offering Victims Settlements Immediately After an Accident – After a car accident, injured victims are often in a vulnerable state. Victims may be injured and unsure of how to cope with a damaged vehicle. Insurance companies know that immediately after an accident, people are often scared, confused, and possibly injured. Insurance companies know this and may try to take advantage of and pressure victims to agree to a quick settlement, often one that shortchanges the victim. A settlement offer immediately after an accident may sound appealing, but you should not accept any settlement offers until you have spoken to an attorney about your case.
  • Delaying Claims – Another common tactic that insurance companies may use is to delay processing victims’ claims in the hope that the victim will accept a lower claim. Insurance companies know that victims are often financially devastated by a car accident and need insurance money to pay for medical bills and property damage. By delaying a claim, insurance companies may take advantage of victims’ suffering by pressuring them to accept less money to which they are entitled. To prevent this from happening, you should contact a personal injury attorney as soon as possible.
Contact a New York Personal Injury Attorney Today to Schedule a Free Case Evaluation
If you have been injured in a car accident, you may need help navigating the legal process and dealing with an insurance company. You should contact a New York personal injury attorney as soon as possible to discuss your case. Contact the the Law Office of David Kaufman today for a free and thorough consultation by calling (631) 388-7172 or by submitting our online contact form.

Preparing for Winter Driving

If you live in certain areas in New York, you are likely quite familiar with winter and winter driving conditions, but are you truly prepared for winter driving? Driving during the winter season requires some preparation and knowledge. If you fail to take the necessary steps, you could wind up injured, stranded, or injure someone.
It is best to avoid accidents altogether, but if you do wind up in an accident a Nassau County attorney could help you recover damages for your injuries.Preparing your vehicle for Winter driving should be taken seriously, and here is what the experts recommend.
Winter Preparations for Your Vehicle
There are several steps you will need to take to winterize your car. Take note that these are in addition to your car’s annual or mileage-based maintenance program.
Now is the time to test your battery as battery power can drop with the temperatures of a New York winter. Other steps you should take to winterize your car include:
  • Make sure the cooling system is working as it should be
  • Put on winter tires with a deeper, more flexible tread for gripping slippery, wet roads
  • If using all-season tires, check the tread on your tires; and replace them if less than 2/32 of an inch
  • Check the tire pressure as lower temperatures can cause a drop in pressure
  • Check your windshield wiper blades and replace as needed
  • Add wiper fluid rated for at least -30 degrees
  • Keep your gas tank at least half full to avoid gas line freeze
  • Keep an emergency car kit handy
Preparing to Drive in Winter Weather
Despite ice or snow, you need to have the best vision possible of what is around you. Begin by cleaning off your vehicle’s external camera lenses and side-view mirrors with a brush or a car windshield scraper. Next, remove any dirt, ice, or snow from the sensors that control assistive driving features such as automatic emergency braking. For your comfort and to decrease the wear and tear on your car, warm up your vehicle before driving it.
Be sure to check the forecast. If it looks questionable, wait to travel if you can. If your plans are such that you cannot wait, tell someone near to you about your travel plans, your route, and when you plan to return.
Finally, know your vehicle’s limitations and capabilities. For example, your vehicle likely has many more safety features than you are aware of. Traction control, antilock braking systems are just a few that many car owners and motorists may forget about.

Beware of These Holiday Injury Risks

For many Americans, the holidays are a magical time of year when burdens seem a little lighter, and hope is abundant. During this time, people can easily forget that they are still at risk of accidents and injuries as a result of traditional holiday activities. Being aware of holiday injury risks can help you and your family have a safer, more enjoyable holiday season.
However, if you are injured now or at any other time of year due to someone else’s carelessness or negligence, remember that a Long Island personal injury attorney can assist you in getting the compensation you deserve.
Decorate with Safety in Mind
Holiday decorating is in full swing for many at this time of year. You may be digging out lights, tinsel, ornaments, lawn décor, or any other festive decorations to help celebrate what the holidays mean to you and your family. As you bring these items out of your garage or attic, make plans to ensure your lights - especially older lights - do not have an electrical short. If you will be using a ladder or step stool to hang decorations or equipment, be sure:
  • Not to climb on your roof if it is wet or covered in snow or ice
  • To secure your ladder whether using one indoors or outdoors
  • To let someone know you will be on the roof or climbing on a ladder in the event that you need assistance
If you suffer an injury and believe it could be due to a faulty product you were using, a Suffolk or Nassau County injury attorney could provide you with a consultation to determine if you have a legal claim.
Be Careful Out in the Hustle and Bustle
Everyone has a list of errands to complete during the holidays, including shopping for food and gifts. People are in a hurry, parking lots are overcrowded, and shoppers might be impatient with long lines and crowds. Many people are involved in accidents while preparing for the holidays, including:
  • Slip and fall accidents
  • Parking lot collisions
  • Pedestrian accidents
  • Assaults due to inadequate security
Travel Safe to Grandma’s House
No matter the holiday, many people go on vacation or see friends and family. Some may push the speed limits; not wanting to get caught in traffic. However, driving fast, or recklessly, or after drinking, or in poor weather may put others at risk.
Be sure to give yourself extra time to reach your destination, get plenty of rest if you will be driving long distances, and give your car a pre-holiday tune-up. If you have been drinking, wait, or find someone else to drive you home. Watch out for other drivers who may seem impaired. While the time you get to spend with friends and family during the holidays is limited, it is never worth jeopardizing your safety or the safety of others.
Injury Assistance from a Suffolk or Nassau County Attorney
Attorney David M. Kaufman offers entirely free, complete, and thorough consultations. He will answer all questions and address your concerns. He takes pride in helping injured accident victims navigate the sometimes complex and difficult legal process. Reach your legal advocates at the Law Office of David M. Kaufman, PLLC, today by calling 631-761-6400 or use our convenient online contact form.

What Kinds of Accidents Can Lead to CRPS?

The Mayo Clinic defines complex regional pain syndrome (CRPS) as form of chronic pain that is out of proportion to the originating injury's severity that generally affects an arm or leg after an injury. The cause of CRPS isn't clear, but prognosis improves with early intervention. If someone else’s negligence leaves you with CRPS, consult with an experienced New York personal injury attorney today.
CRPS
CRPS is often caused by forceful trauma to one’s arm or leg, including broken bones, crushing injuries, and amputations. Other kinds of trauma, however, can also lead to CRPS. For instance, an injury that becomes infected or even a sprain can trigger the condition. Sometimes CRPS is caused by an injury that doesn’t directly affect the CRPS site. The painful symptoms associated with CRPS can be debilitating.
Accidents that May Lead to CRPS
Nearly any kind of accident can lead to CRPS, but there are several types of accidents that are closely associated, including:
  • Car Accidents – Car accidents can involve a tremendous amount of forceful impact that may leads to serious injuries of the arms or legs. A broken bone, a serious cut, or a burn sustained in a car accident can all precipitate a painful case of CRPS.
  • Slip and Falls – Slip and fall accidents can be far more dangerous than they sound. The impact of a fall can lead to breaks, sprains, cuts, and more – any of which can result in CRPS.
  • Pedestrian Accidents – When you are on foot, nothing comes between you and the impact of a crash, and this fact leaves you far more vulnerable to serious injuries in traffic accidents. The injuries sustained can evolve into CRPS.
  • Bike Accidents– Cyclists, unlike pedestrians, join the flow of traffic, which puts them in an often-precarious position. Cyclists are not only susceptible to broken bones in traffic accidents but are also extremely vulnerable to the scrapes, cuts, and abrasions – known as road rash – that many endure when they are dragged across the pavement in the course of the crash. Such injuries can cause CRPS.
  • Motorcycle Accidents– Motorcycle accidents are dangerous accidents because of the obvious size differential between motorcycles and cars and because of the bike's lack of a protective shell. In accidents, motorcyclists often suffer injuries like broken bones and road rash that can lead to CRPS.
If Someone Else’s Negligence Leaves You with CRPS, Call an Experienced New York Personal Injury Lawyer Today
CRPS is an especially painful condition that is often chronic. If a motorist, property owner, or anyone else’s negligence leaves you with CRPS, seek legal guidance. Attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – has the experience and dedication to help guide your case towards its most positive resolution. Your rights matter, and Mr. Kaufman is committed to skillfully advocating on your behalf. We’re here to help, so please don’t hesitate to contact or call us at 631-761-6400 today.

Pedestrian Safety Tips for Halloween

Halloween is a holiday like no other. It is based mainly on hijinks, fun, and candy. There’s nothing not to love. The fact is, however, that pedestrian accidents soar on Halloween, and it’s critical to make pedestrian safety your top priority. Halloween means trick or treating, and trick or treating means getting outside on foot as daylight fades. Make this Halloween a thrilling – but safe – holiday by strictly adhering to pedestrian safety rules. If you or your child is injured in a pedestrian accident this All Hallows’ Eve, you need the professional legal counsel of an experienced New York personal injury lawyer.
Halloween Pedestrian Accident Statistics
The National Safety Council (NSC) shares several statistics that highlight exactly how prevalent Halloween pedestrian accidents are, including:
  • On Halloween, children are more than twice as likely to be killed in pedestrian accidents than on any other day of the year.
  • Low lighting is a contributory factor in pedestrian accidents (this speaks to the waning light of trick-or-treating hours).
While Halloween is geared toward children, adults do get involved, and motorists are more likely to be impaired. All told, Halloween is especially dangerous for pedestrians – particularly the younger ones.
Safety Tips
Whether you are heading out with your children this Halloween or they are old enough to trick or treat on their own, there are several safety tips that you should keep in mind, including:
  • A responsible adult should always accompany young children.
  • Older children should share their plans and the route they will be taking with a responsible adult.
  • Remember that masks, wigs, and hats can restrict vision, so it’s important to accommodate accordingly.
  • Choose a route that’s well lit and familiar to you.
  • Don’t cut across yards and alleys.
  • Cross only at established crosswalks – never walk in between parked cars, walk through driveways, or cross in the middle of the street. Cross the street in groups whenever possible.
  • Don’t rely upon motorists to follow the rules of the road. Just because one driver stops when he or she is supposed to does not mean that the next driver will.
  • If you spot a dangerous motorist, report him or her to the authorities.
If Your Child Has Been Injured in a Halloween Pedestrian Accident, an Experienced New York Personal Injury Attorney Can Help
Both kids and adults look forward to Halloween all year as a time of fun and candy. If your child is injured in a pedestrian accident this Halloween, attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – has the experience, skill, and dedication to help. Mr. Kaufman is committed to aggressively advocating on your child’s behalf for the compensation to which he or she is entitled. We’re here to help, so please don’t hesitate to contact or call us at 631-761-6400 to schedule a free consultation today.

Changing Weather Can Cause Car Accidents

Car accidents can be precipitated by bad weather, and it’s important to recognize that motorists are responsible for driving safely regardless of the weather at hand. The posted speed limit applies only to ideal conditions, and drivers must reduce their speed (and implement any other necessary safety precautions) when the weather turns bad. With the onset of Fall, we can expect to experience changing weather and the accidents such weather can cause. If another driver’s negligence leaves you injured in a car accident, consult with an experienced New York personal injury attorney today.
Weather and Car Accidents: The Statistics
U.S. Department of Transportation (DOT) data illustrates exactly how dangerous bad weather can be for drivers. Bad weather can decrease visibility, impair the driver’s ability to control his or her vehicle, decrease vehicle performance (traction, maneuverability, and general stability), diminish friction on the roadway, disturb traffic flow, and much more. In fact, the statistics related to bad weather and car accidents are quite dire, including:
  • About 21 percent of the nearly 6 million traffic accidents that happen every year are related to weather.
  • An average of almost 5,000 people are killed in weather-related car accidents each year.
  • More than 418,000 people are injured in weather-related accidents each year.
  • The vast majority of car accidents that are related to weather happen during rainfall or on wet pavement.
Bad Weather Car Accidents Can Entitle Victims to Compensation
If another driver leaves you injured in an accident that involves bad weather, don’t simply chalk it up to bad luck and take whatever settlement the insurance company offers. The fact is that every driver is responsible for driving safely in relation to the road’s condition, including:
  • Using one’s headlights as appropriate. In bad weather, headlights are always a good idea, but high beams should not be used when driving in fog or whiteout conditions.
  • Adjusting one’s speed to accommodate the condition of the roadway. Rain, ice, snow, sleet all require drivers to slow down considerably. The worse the weather, the slower your speed should be. Pockets of ice can remain on the roadway long after bad weather has come and gone, and it can be invisible. It’s every driver’s responsibility to be on the lookout for signs that ice may be lurking ahead.
  • Keeping one’s car in safe working order. When a car has bald tires, is missing a light, isn’t cleared of snow and ice, has inferior wipers, has faulty brakes, or is otherwise poorly maintained, it makes dangerous weather-related accidents that much more likely.
Call Us Today to Schedule a Free Case Evaluation with a New York Car Accident Lawyer
Bad weather is no excuse for driving unsafely, and drivers who fail to take weather into account endanger everyone with whom they share the road. Attorney David Kaufman at the Law Office of David M. Kaufman – proudly serving Suffolk County, Nassau County, and Long Island – is committed to aggressively advocating on your behalf for the compensation to which you are entitled. To schedule a free consultation, please don’t hesitate to contact or call us at 631-761-6400 today.

Electrical Injuries at Construction Sites

Electrical injuries are among the most dangerous, painful, and debilitating injuries a person can sustain, and they are not uncommon to construction work. Construction work involves electricity on a variety of different levels. Much of the equipment used in construction is electric, and installing electricity is often part of the job. Further, the construction work takes place in relation to the electricity that’s already established in the area. In other words, construction workers are vulnerable to electricity from many sources. If you’re a construction worker who’s been injured on the job, consult with an experienced New York construction accident lawyer today.
Electricity: A Unique Hazard
Electricity is a unique hazard. It can't be seen, heard, smelled, or otherwise detected – until it’s too late. Electricity introduces itself when it is felt, and by that time, the damage has been done. As such, construction companies must diligently implement serious safety precautions as they relate to electricity on the job.
Electrical Injuries
Injuries from electricity come in many forms, but there are several that are most closely associated with electrical accidents. These include:
  • Severe Internal and/or External Burns – Burns are exceedingly serious and painful injuries that are slow to heal and are susceptible to infection. Construction workers using electrical equipment or working on or near high-voltage lines are especially vulnerable to electrical burns. Electricity can cause both external and internal burns, and it’s important to recognize that internal burns can be far more serious than visible signs may indicate.
  • Injuries Sustained in an Explosion – Combustible gases on the worksite can be inadvertently ignited by electricity and can subsequently lead to serious injuries, including external burns, cuts, and abrasions. These injuries are not only painful and slow to heal but can also be disfiguring.
  • Injuries Sustained in Falls – The fact is that electricity is dangerous on many levels. Even experiencing a low-voltage shock can cause a construction worker to lose control of the equipment he or she is working with and to fall (or otherwise be injured) in the process. Because construction work is often performed on elevated surfaces, such as scaffolding and roofs, falls are especially dangerous and often lead to serious injuries. Injuries like broken bones, traumatic brain injuries (TBI), spinal cord injuries, and more are not uncommon.
Injuries caused by electricity are uniquely dangerous and must receive prompt medical attention.
If You’ve Suffered an Electrical Injury on the Job, Call a New York Construction Accident Attorney Today
Electricity is dangerous, and you are entitled to safety precautions related to this power source on the job. If you’ve sustained an electrical injury on the job, attorney David Kaufman at the Law Office of David M. Kaufman is committed to helping you. To schedule a free consultation, please don’t hesitate to contact or call us at 631-761-6400 today.

Bronx Construction Collapse Leads to Fatality and Serious Injuries

Construction work is dangerous work, and a recent accident in the Bronx highlights just how dangerous it can be. The construction-site tragedy leaves investigators attempting to determine exactly what caused the accident that left one construction worker dead and two others with serious injuries. If you or someone you care about has been injured while working construction, consult with an experienced New York construction accident lawyer immediately.
The Construction Collapse
According to CBS News, the construction crew was building a new four-story apartment that was comprised of eight units when the collapse happened. The firefighters on the scene said that part of the building structure crashed down on construction workers who were at work below (on the second floor). One man was crushed to death by the impact, and two more were seriously injured. Three other victims sustained injuries that were not life-threatening.
Firefighters' Rescue
The firefighters on the scene were confronted with large amounts of building materials, broken concrete, and other rubble that was strewn around the construction site when they endeavored to locate the missing worker who was ultimately killed by the accident. The firefighters relayed that the accident scene was also treacherous for them because of the threat of further collapse. The firefighters feared that the second floor could subsequently collapse onto the first, which made the rescue mission that much more dangerous. They had to build shores and put up struts to help support the load on the second floor before it was safe enough to move forward with the rescue, which they conducted by using ladders to access the second floor.
Construction Accidents
This catastrophic accident demonstrates exactly how deadly construction work can be. If you work construction, you are entitled to safety precautions. OSHA carefully outlines responsibilities, which include:
  • Providing a workplace that is free from serious known hazards and is in compliance with industry safety standards.
  • Examining the workplace to ensure that it conforms with applicable safety standards
  • Ensuring that the tools and equipment used by employees are safe and properly maintained
  • Establishing safety standards that are implemented and shared with employees
  • Providing adequate safety instruction to all employees
  • Correcting any safety violations cited in a timely manner
  • Keeping accurate records of all work-related injuries and illnesses
  • Not discriminating against employees who exercise their rights under OSHA’s safety Act
If You’ve Been Injured While Working on a Construction Site, You Need an Experienced New York Construction Site Attorney
If you or someone you love has been injured – or worse – while working construction, you face physical, financial, and emotional challenges that need to be addressed. Attorney David Kaufman at the Law Office of David M. Kaufman proudly serves Suffolk County, Nassau County, and Long Island and is committed to helping clients like you obtain the compensation to which they are entitled. Your rights are important, so please don't hesitate to contact or call us at 631-761-6400 for a free consultation today.

What Happens When You Are Partially Responsible for a Car Accident?

If you've been injured in a car accident, you are going through an extremely difficult time, and you may blame yourself – even if the accident wasn't your fault. The fact is that the inherent stress of a car accident can cause you to doubt yourself and your actions. Fortunately, an experienced New York personal injury attorney will carefully assess the circumstances of your accident to ascertain fault and determine whether you can recover compensation. Further, even if you are partially responsible for the accident that left you injured, this fact does not necessarily preclude you from receiving compensation for those injuries.
Fault in a No-Fault State
New York is a no-fault state when it comes to car insurance. This generally means that, regardless of who is responsible for the accident, the injured party’s insurance will cover his or her claim. There are, however, instances in which this rule is superseded. There are several circumstances that can lead to a claim that goes beyond the limits of the no-fault system. These begin with the other driver’s negligence and must include at least one of two additional conditions:
  • Your basic economic loss was greater than $50,000.
  • You suffered a severe injury, such as dismemberment, disfigurement, death, fracture, and more,
The State of New York and Comparative Negligence
New York employs a theory known as Comparative Negligence when it comes to situations in which the injured party is partially at fault for the accident that caused his or her injuries. As such, the percentage of fault for which you are determined to be responsible is the same percentage by which your damages will be reduced. For example, if you were speeding slightly when the other driver ran a stop sign and hit you, you might be found 25 percent responsible for that accident. As such, the damages you are awarded in the course of the claim will also be reduced by 25 percent.
Sharing the Blame Equally
In the State of New York, even if you are found to be 50 percent at fault for your accident – and share the blame equally with the other driver – you can still recover on your damages (though your total compensation will be reduced by 50 percent).
Your Liability in the Accident
If you are determined to be 50 percent at fault for the accident, the other driver can also come after you to attempt to recover on his or her losses. The damages associated with even a relatively minor accident can add up extremely quickly. In addition, car accidents that involve comparative negligence can become very complicated very quickly; consult with a skilled New York personal injury lawyer.
If You Are Partially Responsible for the Car Accident that Injured You, You Need an Experienced Long Island, NY, Personal Injury Attorney
Cases involving comparative negligence are complicated, but attorney David Kaufman at the Law Office of David M. Kaufman in Long Island, New York, has the experience, skill, and dedication to advocate for your rights and your rightful compensation aggressively. Your initial consultation is free, so please don't hesitate to contact or call David at 631-761-6400 for more information today.

Diagnosed with CRPS/RSD? Here's How to Protect Your Rights

Complex Regional Pain Syndrome (CPRS), formerly called Reflex Sympathetic Dystrophy (RSD) leaves those affected with excruciating pain. Unfortunately, there is no known cure, though there are strategies for dealing with the pain.
CRPS has several causes, one of which can be triggered by an injury-causing accident. Those who suffer an injury can develop inflammation, redness, and swelling in the affected area. According to WebMD, doctors think of CRPS as a disruption in the body's normal healing process.
If your CRPS developed after an accident, you may be able to hold the person who injured you legally accountable. You might also receive compensation for your medical care and pain and suffering. Follow the steps below to protect your rights.
Fully Document Your Expenses
You can be compensated for your economic losses stemming from the accident, including:
  • The cost of all medical care to treat your injuries, including CRPS. This care can include physical therapy, prescription drugs, doctor appointments, hospital stays, etc. Since CRPS can linger, you might need future medical care, such as painkillers or ongoing therapy. You can be compensated for future care as well.
  • Lost wages, if you are unable to work or partially unable, because of pain. You can also receive lost future wages if your CRPS makes it impossible to return to work as you used to.
Maintain any and all documents, such as receipts, medical bills, W2s, and credit cards statements. Your Suffolk County personal injury attorney can use them to calculate the amount of compensation you might receive.
Document Your Pain
You may also qualify for compensation for pain and suffering, as stated above, and any emotional distress that stems from your CRPS. You can be compensated for the cost of painkillers, for example, but you can also receive a sum of money to make up for the pain itself.
How do you document what you are feeling? Many people do not understand CRPS and might think you are exaggerating your symptoms. Try to document your pain with the following:
  • Hold onto all prescriptions a doctor wrote to treat your pain.
  • Keep a journal where you document daily the pain you feel. Note where you feel it, its duration, its character (throbbing, shooting, etc.) and its intensity. Also note how it is disrupting your life, e.g., you can only sleep a few hours at night.
  • Note how the pain is affecting your mental state. Are you depressed? Angry? Anxious? How often do you feel this way and for how long?
Your friends and family might also offer helpful testimony about how your injuries have affected your daily life.
Call a Suffolk County Personal Injury Attorney Today for a Free Case Evaluation
This is another critical step. Your attorney can help you document your pain and other losses. He can also analyze your case to determine whether you can bring a lawsuit against someone for compensation. It is best to get started right away, so find a nearby Suffolk County personal injury attorney today to begin the process.
The Law Office of David M. Kaufman, PLLC, has helped many people get compensation for their injuries. Those with CRPS face unique problems, and we know how to help. To schedule a free consultation, call 631-761-6400 or fill out our contact form.

New Spinal Cord Treatment Shows Promising Results

Spinal cord injuries can be some of the worst injuries suffered in an accident. After a devastating fall or car accident, a person can bruise, shred, nick, or sever their spinal cord, sometimes even causing a complete lack of sensation or mobility.
However, WBUR published a recent story that may inspire hope in those who are suffering from a spinal cord injury. The story highlights a new treatment that has allowed some victims to regain their ability to walk. As an experienced Nassau/Suffolk County personal injury lawyer, I am heartened by the early results.
How the Treatment Works
The spinal cord is really a bundle of nerves which move signals to and from the brain. In a devastating collision, the vertebrae that surround the spinal cord can shatter or crush. Bones end up damaging the spinal cord, which disrupts the ability of signals to travel the full length of the cord.
However, the nerves below the point of impact are usually still healthy, which means they could work if they could receive a signal from the brain. A key to treatment is trying to "bridge the gap" created by the damaged portion of the spinal column.
Dr. Susan Harkema, director of the Kentucky Spinal Cord Injury Research Center, decided to use an epidural stimulator to see if she could bridge this gap. An epidural stimulator is often used for pain management and sends a constant electrical current. Dr. Harkema and her team implanted the device in patients to supply a constant stream of stimulation to the lower, unaffected portion of the spinal cord.
Impressive Results
Dr. Harkema and her team have focused on getting incremental victories, such as allowing someone with paralysis in the legs to be able to stand again. Any restored motion or sensation might be welcomed by spinal cord patients and their families.
WBUR highlighted the story of Kent Stephenson, who was injured in a motorcycle accident that left him paralyzed below the waist. With the implanted epidural stimulator, he can stand independently and can also move his legs. He was photographed on a treadmill walking with assistance.
As impressive as the results are, Dr. Harkema cautions that her treatment has not allowed people to fully recover from their spinal cord injuries. Nor is the treatment appropriate for everyone with spinal cord damage. However, a small win can improved a patients' quality of life substantially. Dr. Harkema is hoping the Food and Drug Administration allows expanded access to this treatment so that more people with spinal cord injuries can recover some of their lost function.
Talk with a Personal Injury Lawyer in Nassau or Suffolk County Today
After a spinal cord injury, many clients struggle to cover exorbitant medical costs. Spinal cord injured clients may incur millions of dollars in care without hope of ever returning to work. Their family members often become full-time caretakers as well.
If you need help, please contact our law office. The Law Office of David M. Kaufman, PLLC, has proudly represented many spinal cord injury clients, and we can help you, too. Call 631-761-6400 or fill out our contact form.

Victim of Violent Crime? You May Have a Claim for Negligent Security

The violent crime rate on Long Island continues to decline, but this doesn't mean it has disappeared entirely. According to recent data, Long Island’s crime rate is below the national average. Per 100,000 people, the county saw one rape, two assaults, and three robberies.
If you were attacked, you might have a claim for negligent security. This type of legal claim allows victims of violent crime to hold a landlord or business accountable when their lax security measures contributed to the attack.
What Is a Negligent Security Claim?
New York premises liability law requires that all property owners protect the safety of visitors and residents. This means that businesses and landlords must employ basic security. The law does not guarantee a person's safety. However, it does require that landlords take certain steps to minimize the risk of violent crime.
  • Negligent security claims can be brought against:
  • Apartment building landlords
  • Restaurants and nightclubs
  • Grocery stores
  • Banks or credit unions
  • Shopping centers/malls
Because negligent security claims are civil in nature, a victim can file it in court against a property owner. As a legal action, it is separate from any criminal prosecution that the government decides to bring. If you succeed, you can receive monetary compensation for your injury-related losses like the cost of medical care, lost wages, and your pain and suffering.
What Are Examples of Negligent Security?
The amount and type of security that a landlord must provide will depend on the circumstances. If you rent an apartment, then you should have:
  • Locks on the doors and windows
  • Adequate light in the hallway and stairwells
  • Locks on the front door to the building
If your apartment is missing these basic security measures and someone breaks in, you can sue your landlord for being negligent.
  • If you were injured in a shopping mall or in a store, then security might be negligent if:
  • There are no security guards
  • Security guards are improperly trained or unsupervised
  • The store allows loitering
  • The store does not respond to threats of violence or repeated episodes of harassment by asking a pesky patron to leave
  • There is inadequate lighting in the parking lot and on walkways
Each case is different. What is adequate security for one building might not be adequate for another business or apartment building. For this reason, you should meet with a Long Island premises liability lawyer who can review how the accident unfolded and whether the security was sufficient.
Speak to a Long Island Premises Liability Attorney Today
Negligent security claims can be challenging to bring. Not only do you need to prove that a crime occurred, but you need to come up with enough evidence that shows the landlord is at least partially to blame for what happened to you.
Contact the Law Office of David M. Kaufman, PLLC, today. We will happily listen to you explain the incident and use our experience to determine whether you have a valid claim.
Reach out to us by calling 631-761-6400 or filling out our online contact form. Avoid delay.

When Can You File a Lawsuit after a Workplace Injury?

New York's workers' compensation system has streamlined the process of getting medical care and lost wages after a workplace injury. However, the system comes with a big catch—normally, you can't sue your employer for the injury, even if your employer was negligent.
Nevertheless, there are still situations where you might have a valid legal claim and should pursue a lawsuit. Below, we highlight some of the more common situations. Speak with a Suffolk County construction accident lawyer for more information.
Your Employer Doesn't Have Workers' Compensation Insurance
Although it is required, some employers might refuse to buy it. If so, they are not shielded from being sued in court. Also, according to New York's Worker Compensation Law §11, your employer cannot claim your own negligence contributed to your accident. After an accident, notify your employer and ask if they have workers' compensation insurance.
Your Employer Intentionally Injured You
If your boss was merely careless (negligent), then you can't sue. However, if your employer intentionally injures you, then you can bring a lawsuit against them.
A Third Party Injured You
A third party is someone other than your employer or a co-worker. It can include a customer, vendor, manufacturer, subcontractor, or other person. The workers' compensation system does not prohibit you from suing these third parties when they injure you.
Furthermore, you can sue because these third parties were merely negligent. They do not have to intentionally or recklessly injure you; their lack of due care is enough to render them legally liable in court.
There are many advantages to bringing a third-party claim. You can sue for full lost wages, whereas workers' compensation usually provides only two-thirds of your average weekly wage. You can also receive compensation for non-economic losses like pain and suffering or emotional distress, which workers' compensation does not cover.
Some examples of situations in which an injured employee could bring a third-party claim after a work-related accident include:
  • A piece of defective equipment malfunctions and harms an employee. Imagine a blowtorch that explodes in your face or a computer that catches on fire, injuring you.
  • An employee who travels for work and is struck by a member of the public on the road.
  • A customer attacks an employee.
  • A vendor stacks merchandise in a store but does so negligently, causing it to fall on an employee.
Call Today to Schedule a Free Case Evaluation with a Suffolk County Construction Accident Lawyer
Workers' compensation benefits can be a lifeline for badly injured workers. However, workers' comp rarely fully compensates our clients for their injuries. We strive to find all possible avenues of compensation for our clients, including suing third parties.
Contact the Law Office of David M. Kauffman, PLLC, today by calling 631-761-6400 or filling out our contact form.

Ladder Safety Tips

According to the Centers for Disease Control (CDC), over 40%% of all fatal falls have involved a ladder. It is therefore imperative that you learn how to use a ladder safely, whether you are using it at work or in your home.
Ladder accidents may happen because of defective design, manufacture, or maintenance. However, you can reduce the chances of a bad or deadly fall by following these tips provided by the Occupational Safety & Health Administration (OSHA). If an accident strikes, contact a Long Island personal injury lawyer today.
Inspect a Ladder Before Using It
Ladders can deteriorate over time, even aluminum ladders. Rough use and weather can conspire to weaken the ladder, which increases the possibility it will collapse or otherwise fail when you are standing on it. Always inspect a ladder before use. If you see that the ladder is missing a part, is broken in any way, or a rung looks weak, don't use it.
You should also clean off any slippery material on the rungs of the ladder. Diligently inspect the ladder before its use. Look for mud or wet leaves that have clung to it from a prior use. Foreign substances on the ladder itself increase the chances that you will slip and fall.
Avoid Setting the Ladder Near Electricity
If you need to get onto the roof of a building, make sure to set up the ladder away from power lines. To be safe, put it at least six feet away. This way, even if the ladder slips or moves, you will not end up hitting or striking the power line.
If you are using power tools, also put them far away from the ladder. A good idea is to unplug them until you descend down from the ladder.
Don't Move a Ladder with Someone on It
You might have set the ladder in the wrong position. As annoying as it may be to have to climb back down, this is what you should do. Don't try to shift or move the ladder while someone is standing on it. This only increases the chances that the ladder will slide, shift, fall or collapse.
Choose a Ladder with the Correct Height
It is vital that you don't try to "boost" the height of your ladder by placing it upon anything, such as boxes or barrels, which will increase its height, but also increase instability. If the ladder is too short, then find one to use that is the correct height. You might need to buy or obtain a new ladder to reach your destination. The proper height ladder is safer than trying to increase the height by placing it on something unsteady. A ladder should only rest on flat even ground or floor.
Avoid Exceeding the Load Rating
A ladder can only handle a certain weight. This maximum weight is the load rating, which should be listed on the ladder. Don't exceed this weight. When you exceed this weight you greatly increase the risk of a ladder failure and collapse.
Injured in a Ladder Accident? Contact a Long Island Personal Injury Lawyer Today for a Free Case Evaluation
If you were injured in a ladder accident, you might have a legal claim for compensation. Even if someone else set up the ladder for you, or provided the ladder for your use, you might have a legal claim for compensation. Contact the Law Office of David M. Kauffman, PLLC, today. We offer a free and complete consultation to those who call 631-761-6400 or fill out our contact form.
How A Long Island Car Accident Lawyer Can Help Maximize Your Settlement Offer
The aftermath of an injury-causing accident can be an extraordinarily stressful time. Between doctor’s visits, repair bills, and time away from work, you may even be tempted to simply allow the insurance company to take the lead in determining how much compensation you will get. While this may seem like the path of least resistance, it can result in you accepting a settlement far below the actual value of your claim. For this reason, if you’ve been hurt in a wreck, you should call a Long Island car accident attorney as soon as you can. When you’re represented by an attorney, he or she will take the time to fully evaluate both your economic and non-economic losses – and make sure the insurance company treats you fairly. If it doesn’t, your lawyer may file a lawsuit on your behalf to make sure you get the compensation you deserve.
The Insurance Company Cares More About its Bottom Line than Your Recovery
While every accident is unique to its own circumstances, it’s important to recognize that all insurance companies are for-profit organizations that are in the business of making money. This means that their incentive is to minimize settlements by whatever means they can. Insurance companies are well versed in tactics that help to keep their payouts low, and this leaves you at a disadvantage.
An experienced accident attorney will know how to negotiate with the insurance company to help ensure that you receive a just settlement. If you’ve already been offered a settlement, do not accept it before first consulting with a New York accident lawyer who will determine the approximate value of your case, as once you accept an offer, it is nearly impossible to obtain additional compensation.
Your Total Damages Accidents are so upsetting and unexpected that they tend to leave victims in a state of shock. If you’ve been injured, it’s that much worse. It’s important, however, to ensure that the total damages you’ve suffered are accounted for in your claim. Some examples of damages that are often sought in claims arising from motor vehicle accidents include:
Negotiations
Your compensation for the damages you’ve suffered in an accident will likely hinge on negotiations with the insurance company, and this isn’t a task you should tackle on your own. A New York car accident lawyer will skillfully take care of these negotiations on your behalf. Insurance companies are adept at tripping up unsuspecting claimants, but an experienced accident attorney understands how best to both avoid such pitfalls and to champion your rights in the settlement process.
And of course, if you do not want to accept the insurance company offers, or if there is NO offer, you need an attorney who can take your case to trial! David M. Kaufman has been trying accident cases for almost 30 years.
If You’ve Been Injured, Consult with an Auto Accident Lawyer in Long Island Today If another driver’s negligence has left you injured, you need experienced legal counsel. New York attorney David M. Kaufman has the experience, skill, and dedication to fight for your claim’s best possible outcome. Your initial consultation is free, and David will ensure that all your questions and concerns are addressed.
What Damages can You Recover in a New York Motorcycle Accident Case?
The worst fact about many motorcycle accidents is that they are entirely preventable. When motor vehicle drivers operate their vehicles negligently and forcefully collide with a motorcycle, they can cause serious injuries and property damage. These accidents may also result in medical treatment, physical therapy, occupational therapy, and lost wages – all of which could have be completely avoided had the driver used reasonable care.
At the Law Office of David M. Kaufman, PLLC, we understand the frustration and pain that motorcycle accident victims experience and do everything we can to help them obtain justice. We will review your case at no cost to you and will only collect legal fees if we successfully recover compensation on your behalf. To schedule a free case evaluation with a New York personal injury lawyer, call our office today at 631-761-6400 or contact us online.
Common Injuries Sustained in New York Motorcycle Accidents
New York motorcycle accidents often occur at high speeds and with great force. When a car or truck collides with a motorcycle, the collision can force the motorcycle driver and any passengers off the bike and onto the ground, often resulting in serious injuries in the process. These injuries can include spinal cord injuries, bone fractures, soft tissue contusions, muscular sprains and strains, traumatic brain injuries, and sometimes death.
Types of Monetary Damages Available
Motorcycle accidents can result in serious injuries that require medical attention and treatment. You may also miss time from work to attend medical appointments and otherwise recover from your injuries. Following a motorcycle accident, you may be able to pursue the following damages:
  • Medical expenses – In addition to recovering compensation for your past medical expenses related to your accident, you may also be able to recover damages for anticipated medical costs (i.e. future damages) – such as for a future surgery or other medical procedures.
  • Lost wages – Motorcycle accident victims can recover damages equivalent to all the time they missed from their job because of the accident. In serious cases, they may even be able to recover for future lost earning capacity. This is especially true if they have to change jobs – or entire careers – because of the injuries they suffered in an accident.
  • Pain and suffering – Injuries sustained in motorcycle accidents – along with the resulting medical treatment and therapy – can be very painful. Accident victims are entitled to recover damages for all of the pain, suffering, mental anguish, and inconvenience associated with their motorcycle accident.
  • Property damage – Accident victims may be able to recover monetary compensation for property damage sustained in the accident, including the costs of repair or replacement.
Call Us Today to Speak with a New York Personal Injury Lawyer about Your Motorcycle Accident Case
If you have suffered injuries in a motorcycle accident caused by a negligent driver, you should speak to a lawyer as soon as you can. We serve clients throughout New York, including in Suffolk County, Nassau County, and Long Island. To schedule your free case evaluation with a personal injury lawyer in New York, call our office today at 631-761-6400 or contact us online.
Sexual Harassment Remains a Serious Problem in the Workplace
Everybody knows that sexual harassment in the workplace is illegal – but that doesn’t mean that it never happens. Importantly, sexual harassment doesn’t have to be the kind that Harvey Weinstein is accused of – known as quid pro quo sexual harassment – that involves an explicit demand for sex in exchange for a job or employment advancement. It can be significantly more subtle. Another type of sexual harassment is known as “hostile work environment harassment.”
This much more common form of sexual harassment occurs when behavior is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. A hostile work environment can arise from a single act of harassment that is particularly severe, but can also arise from a pattern of behavior that could include lewd or suggestive remarks, jokes of a sexual nature, unwanted touching that doesn’t itself rise to the level of sexual assault, and other offensive behavior of a sexual nature. The behavior need not be directed at the employee who complains so long as it takes place within the sight or hearing of the employee.
Steps You Should Take if You’ve Been Sexually Harassed at Work There are more than four steps you could take, but most sources of advice in this area, including the federal government, agree on a number of important actions. These include:
  • If you feel comfortable confronting the person harassing you, tell the person to stop. Do it in front of others and make it clear what behavior you consider inappropriate or harassing. Don’t worry about being rude – someone who is harassing you at work is in line to receive a little rudeness.
  • Find out if your employer has a sexual harassment policy and know what it says. Most employers of any size have a written policy. It might be in the employee handbook or on the company website. Ask a supervisor for a copy if necessary. If the company has a written policy, follow the steps required by the policy; otherwise, talk to a supervisor about what you should do next under company policy.
  • Document the harassing behavior – write it down, including times, dates, locations, and the nature of the behavior. If the behavior includes visual displays – lewd cartoons, pin-up posters, wall calendars with scantily clad models and the like – take pictures.
  •  File a complaint with your employer. If you actually have been sexually assaulted, call the police and file a criminal complaint. You also can file a complaint with the Equal Employment Opportunity Commission, the federal agency that investigates sexual harassment complaints.
Another action most sources agree on is to hire a good lawyer. Pursuing a sexual harassment complaint can be a complicated legal process, and you will need legal counsel to navigate those waters.
If You Have Been Subjected to Sexual Harassment at Work, You Should Contact Personal Injury Attorney David M. Kaufman, PLLC
If you are being sexually harassed at work in the Long Island area, you should contact an attorney to determine whether you can recover compensation. To schedule a free consultation with David Kaufman, call our office today at 631-761-6400 or contact us online.
What Kinds of Accidents Can Lead to CRPS?
Complex regional pain syndrome (CRPS), formerly Reflex Sympathetic Dystrophy (RSD) refers to a kind of chronic pain that can last more than six months and can cause physical changes at the site of the injury. CRPS is an exceedingly complicated condition that – while it can vary widely in terms of severity and degree – often has serious health implications. If someone else’s negligence leaves you with an injury that leads to CRPS, you need an experienced New York personal injury attorney on your side.
Common Injuries that Lead to CRPS
Most CRPS cases are precipitated by an accident that leads to injury. It is unclear why one injured person develops the syndrome while another person with similar injuries isn’t afflicted. CRPS is commonly associated with specific kinds of injuries:
  • A fractured bone
  • A soft-tissue injury, including bruises, cuts, and burns
  • A sprain or strain
  • A limb that’s immobilized by a cast
  • A surgery
  • A minor medical event, including inoculations
CRPS: Common Precipitating Accidents
The kinds of injuries that commonly lead to CRPS are, themselves, often caused by specific types of accidents, including:
  • Traffic accidents, including car, truck, motorcycle, bike, and pedestrian accidents
  • Slip and fall accidents
  • Accidents on the job A change in the skin’s texture at the injury site A change in sweat patterns in the affected area A change in patterns of nail or hair growth in the affected area A stiffening of joints in the affected area A decrease in muscle coordination in the affected area Abnormal movement patterns in the affected limb Your basic economic loss was greater than $50,000. You suffered a severe injury, such as dismemberment, disfigurement, death, fracture, and more, Medical expenses Lost income Property damage Physical and emotional pain and suffering Disfigurement Falls are the leading cause of emergency room visits. Slip and fall accidents often lead to painful fractures. Slip and fall accidents are the primary cause of workers’ compensation claims. Falls cause half of all accidental deaths at home.
  • The pain associated with these accidents is serious enough, but if your injury morphs into CRPS over time, the pain and duration of your injury will be even more extreme. If you suffer from CRPS, the intense pain associated with the syndrome is characterized by being out of proportion to the severity of the initial injury. In other words, CRPS manages to make a difficult situation that much worse.
  • CRPS: Symptomology
  • The hallmark of CRPS is severe pain of a considerable duration that many victims describe as a feeling of burning pins and needles. Others liken CRPS to a sensation of being squeezed. Ultimately, the pain associated with CRPS can spread beyond the original injury site. For example, if you injure your foot, CRPS symptoms can spread throughout your calf. Many sufferers of CRPS experience extreme sensitivity to normal physical contact in the area of the body that’s affected. CRPS is commonly associated with several symptoms:
  • If Someone Else’s Negligence Causes You to Suffer from CRPS, Consult with an Experienced Suffolk County, NY, Personal Injury Attorney Today
  • CRPS is a chronic pain condition that can increase the intensity of an injury beyond what one would typically expect. Attorney David Kaufman at the Law Office of David M. Kaufman in Suffolk County, New York, understands the depth of pain and suffering caused by CRPS, and he has the experience, dedication, and compassion to aggressively advocate for the compensation to which you are entitled. Your initial consultation is free, so please contact or call David at 631-761-6400 for more information today.

  • What Happens When You Are Partially Responsible for a Car Accident?
  • If you've been injured in a car accident, you are going through an extremely difficult time, and you may blame yourself – even if the accident wasn't your fault. The fact is that the inherent stress of a car accident can cause you to doubt yourself and your actions. Fortunately, an experienced New York personal injury attorney will carefully assess the circumstances of your accident to ascertain fault and determine whether you can recover compensation. Further, even if you are partially responsible for the accident that left you injured, this fact does not necessarily preclude you from receiving compensation for those injuries.
  • Fault in a No-Fault State
  • New York is a no-fault state when it comes to car insurance. This generally means that, regardless of who is responsible for the accident, the injured party’s insurance will cover his or her claim. There are, however, instances in which this rule is superseded. There are several circumstances that can lead to a claim that goes beyond the limits of the no-fault system. These begin with the other driver’s negligence and must include at least one of two additional conditions:
  • The State of New York and Comparative Negligence
  • New York employs a theory known as Comparative Negligence when it comes to situations in which the injured party is partially at fault for the accident that caused his or her injuries. As such, the percentage of fault for which you are determined to be responsible is the same percentage by which your damages will be reduced. For example, if you were speeding slightly when the other driver ran a stop sign and hit you, you might be found 25 percent responsible for that accident. As such, the damages you are awarded in the course of the claim will also be reduced by 25 percent.
  • Sharing the Blame Equally
  • In the State of New York, even if you are found to be 50 percent at fault for your accident – and share the blame equally with the other driver – you can still recover on your damages (though your total compensation will be reduced by 50 percent).
  • Your Liability in the Accident
  • If you are determined to be 50 percent at fault for the accident, the other driver can also come after you to attempt to recover on his or her losses. The damages associated with even a relatively minor accident can add up extremely quickly. In addition, car accidents that involve comparative negligence can become very complicated very quickly; consult with a skilled New York personal injury lawyer.
  • If You Are Partially Responsible for the Car Accident that Injured You, You Need an Experienced Long Island, NY, Personal Injury Attorney
  • Cases involving comparative negligence are complicated, but attorney David Kaufman at the Law Office of David M. Kaufman in Long Island, New York, has the experience, skill, and dedication to advocate for your rights and your rightful compensation aggressively. Your initial consultation is free, so please don't hesitate to contact or call David at 631-761-6400 for more information today.

  • New York Scaffold Law Basics
  • Working high above the ground is naturally very dangerous, and when construction companies don’t take utmost caution, they intensify the dangers inherent to such construction work. The State of New York is singular in its tough stance on safety at construction sites. In fact, New York has a set of laws that came into being more than 100 years ago and that initially focused entirely on scaffolding. Though the laws have become more expansive over the years, in its current iteration, New York’s Scaffold Law represents the country’s most comprehensive safety measures related to working at elevated heights. If you’ve been injured in a construction accident involving a ladder or scaffolding, consult with a dedicated New York construction accident attorney today.
  • The Scaffold Law and Its Protections
  • The most salient feature of New York’s Scaffold Law is that it focuses on holding all construction companies, construction-company owners, contractors hired by construction companies, owners, and associated agents directly responsible for any unsafe work practices or hazardous equipment that causes construction workers to be injured. When these parties do not adhere to the safety practices outlined in the Scaffold Laws, they can be liable for any injuries that ensue as a result.
  • New York Construction Workers
  • All employees have the right to a safe work environment, and it is typically the employers’ obligation to ensure that their employees work under reasonably safe conditions. Every state has workers’ compensation laws that require employers to provide basic insurance coverage for employees who are injured on the job. This coverage typically pays out on basic medical expenses and covers a percentage of wages lost – regardless of who caused the accident (or who is at fault). In exchange for this coverage, the employer is typically immune from lawsuits brought by employees injured on the job.
  • Fortunately for construction workers, New York’s scaffold law provides an outlet to this rule, allowing workers who have been injured in scaffolding and related accidents to file traditional personal injury claims against their general contractors or building owners. In a personal injury lawsuit, you can recover compensation for losses such as:
  • In general, the compensation you can recover under New York’s scaffold law will be significantly greater than the benefits you are entitled to through workers’ compensation. For this reason, it’s always advisable for anyone injured in an accident involving elevation to have their case reviewed by an experienced lawyer as soon as possible.
  • If You’ve Been Injured in a Scaffolding Accident, You Need an Experienced Nassau County, NY, Construction Accident Attorney on Your Side
  • Attorney David Kaufman at the Law Office of David M. Kaufman in Nassau County, New York, understands the inherent danger and severity of scaffolding accidents and is here to help. David has the experience, knowledge, and compassion to bring your claim to the most favorable result possible. Your initial consultation is free, so please don’t hesitate to contact or call David at 631-761-6400 for more information today.

  • June is National Safety Month
  • June is National Safety Month, and there’s no better time to think about staying safe. According to the National Safety Council, National Safety Month is designed to help us focus on diminishing the leading causes of injuries and fatalities on the job, on the road, at home, and in our communities. In fact, the National Safety Council provides free, downloadable resources that focus on a different safety topic for each week of June. This year, the topics include Hazard Recognition; Slips, Trips, and Falls; Fatigue; and Impairment. If someone else’s negligence leaves you injured in an accident, consult with an experienced New York personal injury attorney as soon as possible.
  • Hazard Recognition
  •  
  • We experience hazards nearly everywhere – at our jobs, in our homes, and when we’re out and about. Learning how to better recognize hazards can help keep everyone safer. When it comes to identifying risks in your midst, the best approach is to adopt a "what could go wrong?" attitude. In other words, think about what could go wrong and implement a plan to avoid the potential danger. By way of example, think about a light bulb that is burnt out in your workplace. While it’s an inconvenience not to have full lighting, a burnt out bulb is also a hazard because the darkness makes visually spotting other hazards more difficult.
  • Slips, Trips, and Falls
  • A slip, trip, or fall can happen nearly anywhere, and while these names may not inspire fear, such accidents are often extremely dangerous. The National Floor Safety Institute shares several significant statistics related to slips, trips, and falls:
  • Slips, trips, and falls happen. Remaining aware of the danger and being on the lookout for potentially dangerous walking conditions can help keep everyone safer.
  • Fatigue and Impairment
  • Both fatigue and impairment can contribute to or cause dangerous accidents. In fact, fatigue is a form of impairment. If you are under the influence of fatigue and/or alcohol/drugs, you are far more likely to be injured in an accident – whether you're at home, on the job, behind the wheel of a vehicle, or out in the community. You owe it yourself – and to others around you – to get the rest you need and not to overindulge in alcohol.
  • If Someone Else’s Negligence Leaves You Injured, Consult with an Experienced Long Island, NY, Personal Injury Attorney Today
  • June is National Safety Month, and it’s a great opportunity to focus more closely on keeping ourselves and our loved ones safe. If you’ve been injured in an accident that was caused by someone else’s conduct or negligence, attorney David Kaufman at the Law Office of David M. Kaufman in Long Island, New York, is committed to protecting your rights and to helping you recover fully on your damages. Your initial consultation is free, so please contact or call David at 631-761-6400 for more information today. Facial Scars May Entitle Victims to Significant Compensation If you suffered an injury in an accident that was caused by someone else's negligence, you've been through a lot, and recovering from your injuries might be a difficult journey. If your injuries include facial scarring, it adds an additional layer of grief and emotional upheaval to the unfortunate situation. Your face, after all, is a big part of what it is that makes you uniquely you – in the physical sense. People recognize you by your face, and if it’s been permanently altered by scarring, the psychological effects, alone, can be immense. If you’ve suffered facial scarring because of someone else’s negligence, you need the professional legal counsel of an experienced New York personal injury lawyer. Facial Scarring Facial scarring is an especially difficult injury that is a permanent reminder of the terrifying and painful accident that injured you. While plastic surgery and other treatments can help, the scar on your face may never truly be gone. Burns, cuts, and abrasions from accidents can all lead to serious facial scarring that is both disfiguring and emotionally devastating. Compensation for Facial Scarring If you’ve suffered facial scarring in an accident, that scarring might not be your only injury. Whatever the extent of your injuries, however, you’ve may have suffered a variety of damages that need to be taken into consideration: The full extent of the medical expenses you incur, including emergency transportation and care; surgery and aftercare; doctor, specialist, and therapist care; ongoing and follow-up treatments; and prescription medications – to name a few Lost hours and wages, which can include an altered career trajectory and a diminished earning capacity into your future The pain and emotional suffering Further, if you work in a public-facing position – such as sales, modeling, or acting – in which your face plays a role in your success, facial scarring can be even more financially and emotionally devastating. The Implications of Facial Scarring While the physical pain and hardship caused by a serious accident are relatively easy to assess, the emotional trauma associated with facial scarring is difficult to overstate. Further, the emotional pain associated with such an injury is universally recognized. While many kinds of emotional duress are incredibly subjective, nearly everyone empathizes with the emotional effects of facial disfigurement. As such, compensation for such injuries may be significant. The road back to physical and emotional well-being may not be easy after such an injury, but adequate compensation will help you achieve your fullest recovery. If You’ve Suffered Facial Scarring Because of Someone Else’s Negligence, Consult with an Experienced Nassau County, NY, Personal Injury Attorney Today A facial scar is an exceedingly difficult injury to endure, but attorney David Kaufman at the Law Office of David M. Kaufman in Nassau County, New York, is on your side. David has the experience, skill, and compassion to fight for the compensation to which you are entitled. Your initial consultation is free, so please contact or call David at 631-761-6400 for more information today. Can You Recover Compensation for a Ladder Fall at a Construction Site? Falling from a ladder is extremely dangerous. These types of accidents are more common to construction sites than elsewhere. If you’ve been injured in a ladder fall on a work site, you might have undergone a considerable upset that can affect every part of your life, including your employment, your physical well-being, and your ability to enjoy life at all. Being compensated for your losses after such a fall is paramount to achieving your fullest recovery, and an experienced New York construction workplace attorney will help ensure that you are fully compensated for the damages you suffer. Ladder Falls: The Statistics The Centers for Disease Control and Prevention (CDC) forwards several important statistics related to falls from ladders: Among all workers, ladder falls account for 20 percent of all injury-causing falls. Among construction workers, about 81 percent of all fall injuries that lead to emergency room treatment are the result of ladder falls. In one year alone, falls accounted for 34,000 nonfatal injuries treated in emergency departments Ladder falls are dangerous accidents that can lead to extremely serious injuries, and these falls often occur on construction sites. Ladder Falls: Why They Happen Construction companies can help prevent dangerous ladder falls by using the proper equipment, maintaining that equipment in good working order, providing employees with appropriate safety training, and implementing regular safety checks. Not every construction company, however, takes all the precautions that it should, and dangerous ladder fall accidents can result. Construction site ladder fall accidents can happen for any number of reasons, but there are several common causes: Ladders that are overloaded with weight Ladders that are unsecured, or secured at unsafe angles, in unsafe locations, and/or on slippery surfaces Ladders that have faulty or cluttered rungs Ladders with broken locking devices Workers who reach too far off their ladders Seeking Compensation for Your Injuries If you’ve been injured in a ladder fall on a construction site, you’ve likely suffered damages on a variety of different fronts. These include medical expenses and lost wages, but they can also include a diminished earning capacity into your future. The full extent of your damages can be extensive, and recovering the compensation to which you are entitled is essential to your fullest recovery. While you may be tempted to simply allow the insurance company to do its job and compensate you, this is unlikely to be in the best interest of your claim. Insurance companies are in the business of turning profits by minimizing settlements whenever possible. Work closely with a skilled construction workplace attorney who will help ensure that your rights are well protected. If You’ve Been Injured on a Construction Site, Consult with an Experienced Suffolk County, NY, Attorney Today Ladder falls are dangerous accidents, and if you've been so injured, you need experienced legal counsel on your side. Attorney David Kaufman at the Law Office of David M. Kaufman in Suffolk County, New York, has the knowledge, dedication, and compassion to advocate for your claim's most positive resolution skillfully. David is here to help, and your initial consultation is free. For more information, please contact or call David at 631-761-6400 today. Traumatic Brain Injuries Linked to Dementia A recent largest-of-its-kind study out of Denmark links traumatic brain injuries (TBIs) to an increased risk of future dementia. While TBIs can range from very mild all to fatal, the study found that even a single mild TBI can increase the victim’s risk of dementia. While this doesn’t mean that anyone who’s ever had a mild head injury during the course of a lifetime should worry about dementia, it does provide useful information regarding a growing body of information that links the two. If you or someone you care about has sustained a traumatic brain injury as a result of someone else’s negligence, consult with an experienced Nassau County, New York, personal injury attorney today. The Study The study in The Lancet Psychiatry mined health databases that included Danish residents as of January 1, 1995, who were also at least 50 years old at some time during the study's 36-year follow-up period (from 1977 to 2013). Among the nearly 2,800,000 people included, over 132,000 had endured at least one TBI. The Statistical Significance Once the data was adjusted for medical, psychiatric, and neurological illnesses, the study found that people who’d suffered a TBI had a 24 percent greater chance of developing dementia – as compared with those who had never experienced a TBI. Further, those people who’d suffered five TBIs or more were at nearly three times the risk of developing dementia. Finally, even one mild TBI was identified as increasing one’s risk for dementia by 17 percent, and 85 percent of these first TBIs were classified as mild. Dr. Jesse R. Fann, the study’s lead author, emphasized, however, that the overall risk of developing dementia at an age as young as 50 is very low. Traumatic Brain Injuries TBIs are injuries to the brain that are usually caused by a blunt force to the head or by the head being shaken back and forth on the neck. The physical and emotional consequences of these injuries are nothing if not unpredictable. TBIs are further complicated by the fact that they aren't always immediately apparent, which means they can go undiagnosed and untreated until they become more serious. TBIs are common to accidents like slip and falls and bike, car, and pedestrian accidents. If you've been involved in a high-impact accident, it's always in your best interest to obtain immediate medical attention. If You’ve Suffered a TBI as a Result of Someone Else’s Negligence, Consult with an Experienced Nassau County, NY, Personal Injury Attorney Today Traumatic brain injuries are especially bedeviling injuries that can lead to extensive physical, emotional, and financial damages. Attorney David Kaufman at the Law Office of David M. Kaufman in Nassau County, New York, is here to help. David has the experience, dedication, and professional knowledge to advocate for the compensation to which you are entitled. You need to follow the path toward your fullest recovery. Your initial consultation is free, so please contact or call David at 631-761-6400 for more information today. Complex Regional Pain Syndrome: FAQs Complex regional pain syndrome (CRPS) refers to pain that generally affects a victim's injured arm, leg, hand, or foot. While this condition varies in duration and degree of seriousness, it is associated with chronic pain that lasts more than six months, and it can cause physical changes at the injury site, including changes in skin color and/or changes in skin temperature. If someone else's negligence causes you to suffer from CRPS, consult with an experienced Suffolk County, New York, personal injury attorney today. Frequently Asked Questions CRPS is a complicated health syndrome that can have extremely negative consequences in your life. Having the answers to FAQs can help you better understand the condition and help you make better-informed decisions regarding your health care: Who is most likely to suffer from CRPS? CRPS is most common in women, but it can affect nearly anyone at nearly any age. Cases peak at the age of 40, and CRPS rarely affects the elderly. Further, CRPS affects almost no children under the age of 5 and affects very few children under the age of 10. What are CRPS’s Symptoms? The primary symptom of CRPS is severe and prolonged pain – which can be constant. Many people describe the sensation as a "pins and needles" or a "burning" effect. Some sufferers describe CRPS as feeling like someone is squeezing the affected body part. Even if the causative injury only affected one finger or toe, for example, the pain can spread throughout the victim's entire arm or leg. People can also become hypersensitive to normal physical contact in the affected area. Further, common physical features of CRPS can include changes in skin texture, abnormal sweating patterns in the affected or surrounding area, change in hair-growth or nail-growth patterns, stiffening in affected joints, decreased coordination of muscle movement, and abnormal movement in the affected limb. What are CRPS’s Causes? In the vast majority of cases, CRPS is clearly triggered by a trauma or injury, but it is not clear why some people develop this syndrome and others who suffer similar injuries do not. Fractures; sprains/strains; soft tissue injuries like burns, cuts, and bruises; limbs that are immobilized by casts; surgeries; and even very minor medical events like receiving a shot can trigger CRPS. CRPS is an abnormal response to an event that wouldn’t cause excessive problems for others – similar to the way food allergies affect only a small percentage of people. There is currently no specific tool for diagnosing CRPS, and its prognosis varies widely. Typically, younger sufferers, however, fare better. If You’ve Developed CRPS as a Result of Someone Else’s Negligence, Consult with an Experienced Suffolk County, NY, Personal Injury Lawyer Today If someone else’s negligence has left you with CRPS, Attorney David Kaufman at the Law Office of David M. Kaufman in Suffolk County, New York, is here to help. CRPS is a painful condition that can be debilitating, and your claim is too important to your future well-being to leave to chance. Please don’t hesitate to contact or call David at 631-761-6400 to schedule a free consultation today. Spring Safety Tips for Parents of Young Children Spring is upon us, and there is likely no more glorious time to get outside with your young children and make the most of this beautiful weather. Kids and spring just go together – whether you’re flying kites, hitting the park, or flipping burgers on the grill. With all that outdoor fun, however, come increased risks, so familiarize yourself with the best safety tips for the season, and have safe fun out there. If your child has been injured as a result of someone else’s negligence, seek the professional legal counsel of an experienced Nassau County, New York, personal injury lawyer. Open Windows Spring is the perfect time to throw open your windows to the beautiful spring air, but remember that open windows often tempt young children and even on the ground floor, they can be extremely dangerous for little ones. To prevent window falls, keep furniture that young children can climb on away from windows and never trust a screen to prevent a fall – instead use reliable window stops or guards. Spring Cleaning A good bout of spring cleaning can leave anyone feeling like all’s well with the world, but the cleaning products you use are poisonous when ingested. Young children are curious and are likely to put nearly anything in their mouths. This also applies to those gardening products that come out of hiding in the spring. Even a small amount of a cleaning or gardening product can cause a child serious harm, so always keep these items in their original containers and locked out of the reach of children. The Grill If it’s spring, it’s time to fire up the grill. It’s important to recognize, however, that your grill represents a significant danger to young children. The best way to safeguard children is to get down on your knees and assess the risk factors from a young child’s perspective. If you see anything that you think might pique your child’s interest, make all necessary changes. Also, remember that when the grill is on – or hot – it and the area around it should be maintained as a kid-free zone by a responsible adult. Lawnmowers It's spring, and that means it's time to dust off the lawnmower. Mowing the lawn is an adult job that should never involve young children. Children do not belong on riding mowers, and they shouldn't even be in the general vicinity of where you're mowing – even if they're supervised by an adult. The fact is that, if your mower hits an obstacle like a stone or twig during the mowing process, it can turn that item into a dangerous and unpredictable projectile. Never use a riding mower or a push mower when children are around. If Someone Else’s Negligence Leaves Your Child Injured, You Need the Experienced Legal Counsel of a Nassau County, NY, Personal Injury Attorney An injured child is every parent’s nightmare, and if your child has been hurt, you need immediate medical attention. If you aren’t sure what level of attention is in order, err on the side of caution and seek emergency care or call 911. If someone else’s negligence harmed your child, attorney David Kaufman at the Law Office of David M. Kaufman in Nassau County, New York, is here to help. Please contact or call David at 631-761-6400 to schedule a free consultation today. The Effects of Traumatic Brain Injury Laws on High School Athletes A recent study in the American Journal of Public Health explores the trends related to new and recurrent sports-related concussions in high school athletes since the adoption of traumatic brain injury (TBI) laws as compared to the trends before the implementation of these laws. The results, though somewhat mixed, are encouraging. If your child has suffered a TBI while competing in high school athletics, you need an experienced Long Island personal injury attorney on your side. The Results The study in question focused on high-school athletes who participated in nine different sports across the periods including the time before any TBI laws were in place, the time immediately after the laws were implemented, and the time continuing on after the immediate aftermath of these laws. Specifically, the study examined the trends regarding new or recurrent concussion rates among this sampling. The results are interesting: A total of 8,043 concussions were included in the study. Per 100 athlete exposures (1 practice or one competition counted as 1 exposure). The average yearly concussion rate calculated was 39.8 for every 100,000 athlete exposures. From the time before the TBI laws went into effect through the time immediately after the laws went into effect and into the post-law period, significantly increased trends of reported new and recurrent concussion rates were identified. After 2.6 years of the TBI laws going into effect, however, the study saw a decrease in the recurrent concussion rate. The study concludes that the initial increase in concussion rates was most likely due to an increase in the identification of such injuries and an increase in reporting. Ultimately, the study's authors determined that more research is necessary to evaluate whether traumatic brain injury laws are having their intended long-term impact. Your Child and Concussions Concussions amongst high-school athletes have received a lot of press in recent years – and for good reason. Concussions are a form of traumatic brain injury, and when they affect young athletes, they are especially frightening. One of the most dangerous components of concussions is that their symptoms can be silent until the injury develops into something far more serious. If your high-school student participates in sports, it's important to know the early warning signs of concussions: Dizziness Nausea Headaches Confusion Issues with balance If you suspect that your teen athlete may have suffered a concussion, seek immediate medical attention. Early diagnosis is closely linked to an improved prognosis. If Your High-School Athlete Suffered a Sports-Related Concussion, Consult with an Experienced Long Island Personal Injury Attorney Today Concussions are serious injuries that the Mayo Clinic reports can “pose serious health risks” for children. If your son or daughter has suffered a concussion while participating in high-school athletics, attorney David Kaufman at the Law Office of David M. Kaufman in Long Island is here to help. David is committed to fighting for your child’s rights and for the compensation to which he or she is entitled. Please don’t hesitate to contact or call David at 631-761-6400 to schedule a free consultation today. Protecting Your Rights after a Ladder or Scaffolding Fall If you work in the construction industry, you may work on ladders or scaffolding at least some of the time. The fact is that ladders and scaffolding both play an important role in most construction projects, but they are also involved in far too many accidents. All falls are dangerous, but falls from elevations are even more so. If you’ve been injured in a ladder or scaffolding fall, you need the professional legal counsel of an experienced Suffolk County, New York attorney. The Statistics The Bureau of Labor Statistics shares the numbers related to falls from ladders or scaffolding (known as “falls to a lower level”), and they are far from encouraging: From 2011 to 2016, fatal falls to a lower level increased by 26 percent. In 2016, there were 697 fatal falls to a lower level. Over the 6-year stretch from 2011 to 2016, there were 3,273 fatal falls to a lower level. Most of the increase in these fatal falls are attributable to the private construction industry. The most common falls in the years between 2011 and 2016 were from ladders. Falls from ladders and scaffolding are exceedingly dangerous accidents, and they are very common to construction work. In fact, the Occupational Safety and Health Administration (OSHA) places falls at the very top of its list of Fatal Four construction worker accidents. Your Damages The injuries associated with falls from ladders or scaffolding are typically very serious injuries that elicit immense physical, financial, and emotional damages. Such injuries often lead to many lost hours on the job, and can even be the end of your career in construction. Because our work is often closely tied to our sense of identity, the emotional implications can be as devastating as the physical damages. Workers’ Compensation Claims Workers’ compensation claims are complicated, but better understanding your rights can help: You are covered by workers’ compensation even if you caused or contributed to the accident. Workers’ compensation only covers your medical expenses, lost wages, and compensation for any sustained disability. Only a personal injury claim against a third party can cover your pain and suffering. For example, if the equipment you were working on was faultily manufactured, you may have a personal injury claim against the manufacturer. Allow an Experienced Suffolk County, NY, Attorney to Guide Your Claim If you’ve fallen a fall from a ladder or scaffolding at work, you need experienced legal counsel. Your future is far too important not to aggressively advocate for the compensation to which you are entitled. Attorney David Kaufman at the Law Office of David M. Kaufman in Suffolk County, New York, has the dedication, experience, and skill to help guide your claim toward its most positive resolution. David is committed to helping you move through this difficult experience, and your initial consultation is free. For more information, please contact or call David at 631-761-6400 today. Crime Victims Have Rights, Too April 7-13 is National Crime Victims’ Rights week. This is a time to reflect on the impact crime has on our community and to ponder which strategies work best at preventing or reducing crime. This week is also an opportunity for crime victims to understand their rights. The media does a good job of talking about the rights of the accused, but victims also have crucial and important rights. Crime can make victims feel powerless. But the truth is that victims are not alone. Crime victims have ample resources available to help recover physically, emotionally, and financially after being targeted in a crime. You Have the Right to Be Safe After being victimized by crime, you might feel that your life is spiraling out of control. Now is the time to take back control. However, you might not know where to find helpful resources. One important resource is the VictimConnect Resource Center at 855-484-2846. You can call or also visit their website for more information. They connect victims with agencies available to help. Being safe also means being protected from your abuser. If you want to learn more about how to get a restraining order (called an “order of protection” in New York), stop into the nearest court or police station and ask. A restraining order is a judicial order that prohibits an abuser from coming near you, or contacting you, or your children, and you may get an order on an emergency basis if you believe violence is imminent. You Have the Right to Be Notified of Court Hearings When and if the state decides to prosecute your attacker, you have the right to be notified of the hearing dates. You also should be able to attend if you wish. Depending on the nature of the crime, you might need to testify at a criminal trial. If you do, then you deserve to be treated with respect. You Might Have the Right to Sue Your Attacker New York has both criminal and civil courts. They have a different focus, with criminal courts focused on punishing violations of New York criminal law. However, civil courts serve a different purpose. They exist as a forum for injured victims to seek compensation for their injuries when another person is to blame. The civil court system runs parallel to the criminal law system, which means that many criminal actions are also civil wrongs called “torts.” Most crimes have an analogous tort that allows victims to recover compensation for their losses: Crime Tort Assault Assault Rape Battery Kidnapping False Imprisonment Burglary Trespass Bringing a civil lawsuit has many advantages. The primary advantage is that you can receive compensation for your injuries, which can pay for: Medical care to treat their injuries Lost wages, if unable to work while recovering from an attack Property damage Pain and suffering The amount of compensation a crime victim can receive will depend on many circumstances, and no two cases are exactly alike. One factor to consider is whether the defendant has any resources at his or her disposal to pay a court judgment against them. Who can you sue? Typically, you can sue the criminal who has injured you, but there also might be third parties who share some responsibility for your attack. For example, if you were robbed or assaulted in a parking lot or shopping mall, then the mall might be responsible for failing to provide adequate security. If someone gave the perpetrator a vehicle, then that person might also become liable under the law for injuring you. You have a right to file a civil suit even if a criminal prosecution is ongoing, though it might be beneficial to wait. New York Has a Crime Victims Compensation Fund Bringing a civil lawsuit is one way to receive compensation after a crime. New York’s Office of Victim Services also maintains a crime fund that provides victim compensation. The Office can make emergency awards up to $2,500, which you might need to immediately get to a safe place or to help clean up a crime scene. Money is limited, so you have to meet certain requirements to be eligible: You are an innocent victim of a crime. If you are partly to blame, you might receive less money or no money at all. You were physically injured in the crime. There are exceptions to this requirement for minors under age 18, anyone 60 or older, or anyone disabled. Other people might also qualify for funds, such as certain relatives of someone who died in a crime or are a child victim. The fund can provide compensation for medical care and counseling, as well as burial or funeral expenses, transportation, use of shelters, lost wages, and other expenses or losses. The crime fund has a detailed application process. For example, you must notify the police of the crime promptly and obtain a police report (which you can get for free). You must also fill out an application and provide supporting documentation. The agency bills itself as a “payer of last resort,” meaning you should try to get compensation in other ways before submitting an application to the crime fund. Contact a Suffolk County Personal Injury Attorney Today to Discuss Your Case If you have been victimized in a crime, help is here. David Kaufman is an experienced Suffolk County personal injury lawyer who has helped many victims receive compensation for their injuries in civil lawsuits. He has detailed knowledge of both criminal and tort law, which he uses to try and maximize the amount of compensation his clients receive. You can find out more about how he can help by contacting the Law Office of David M. Kaufman, PLLC, at 631-761-6400 or by completing our online contact form. Our office offers a fully free and complete consultation where we can answer any questions you have and help you understand your rights. We will help you navigate a system that often lets crime victims down and help you recover for your losses. Even Mild Brain Injuries Can Carry Serious Consequences The CDC defines a traumatic brain injury as “a bump, blow, or jolt to the head that disrupts the normal function of the brain." Although we're well aware of the long-term effects of severe brain injuries, we continue to learn that even mild brain injuries can result in serious health problems, some of which can be long-term and even permanent. Thanks to these advances in medical science, we now know that even a routine concussion warrants medical attention. If you've been in an accident and think you may be suffering from a mild brain injury, you should see your doctor as soon as possible. New Study A study released in the Journal of the American Medical Association of Psychiatry on January 30, 2019, is providing new insight into the effects of mild brain injuries. Medical scientists studied 1,155 patients who had suffered mild traumatic brain injuries and compared them against 230 patients with orthopedic injuries that did not suffer brain injuries. The study included patients from 11 different hospitals across the United States and took place between 2014 and 2016. The purpose of the study was to ascertain the likelihood of suffering PTSD (post-traumatic stress disorder) and major depressive disorders (MDDs) following a mild traumatic brain injury. Mental Health Issues The results of the study are startling. They found that 21.2 percent of people who had suffered a brain injury would suffer PTSD or depression within six months of their injury, as compared to only 12.1 percent of those who were injured but did not have a brain injury. After three months following the injury, 20 percent of those who had suffered a brain injury were experiencing PTSD or an MDD, compared to only 8.7 percent of those who had not suffered a brain injury. A number of those who suffered a brain injury also had a history of previous mental health issues. The study found that those patients had an exceptionally high risk of suffering from PTSD or an MDD following their injury. Symptoms of a Mild Brain Injury Concussions are the most common form of mild brain injury, but this doesn’t mean that mild brain injuries are easy to diagnose. The symptoms may not present themselves right away and are often subjective. These are the symptoms commonly associated with a mild traumatic brain injury: This is not an exhaustive list, and you should see your doctor if you are worried that you may have suffered a mild brain injury. Symptoms of PTSD and MDD It’s also not uncommon for people to suffer from PTSD or depression without realizing it until it is causing major problems in their life. If you are experiencing any of the following symptoms, you may be suffering from PTSD or depression: Symptoms of PTSD Symptoms of MDD: Again, this is not an exhaustive list of symptoms. PTSD and depression are very serious issues, and you should seek help if you think you are suffering from either of these conditions. Contact a New York Brain Injury Lawyer Today to Schedule a Free Case Evaluation If you’ve suffered a brain injury as a result of someone else’s negligence, you may need extensive medical treatment in order to make a full recovery. During that time, you may be unable to work and unable to take care of your family. An experienced brain injury attorney can help you get the compensation you deserve so that you can put your life back together. Attorney David Kaufman has been representing injury victims in the Long Island area since 1989. If you’d like to discuss how we can help you, call The Law Office of David Kaufman 631-388-7172 or contact us online in order to schedule a free consultation. March is Brain Injury Awareness Month Over 30 years ago, March was designated as Brain Injury Awareness Month in order to call attention to the seriousness of brain injuries and the need for more funding. Having represented brain injury victims for almost as long, we here at the Law Office of David Kaufman want to do our part to raise awareness of these injuries and the very serious consequences that they can cause. Most Common Causes of Brain Injuries Generally speaking, there are two main types of brain injuries - traumatic brain injuries, and non-traumatic brain injuries. Non-traumatic brain injuries are typically caused by things like strokes, tumors, and other illnesses or health conditions. Traumatic brain injuries are defined by the CDC as “a bump, blow, or jolt to the head that disrupts the normal function of the brain.” The most common causes of traumatic brain injuries are as follows: According to the most recent study by the CDC, falls were the leading cause of brain injuries. Excluding self-harm, motor vehicle crashes were the second-leading cause of brain injuries. Symptoms of Brain Injuries It’s not uncommon for people to suffer a brain injury and not realize it. Symptoms may not manifest themselves right away, and unlike other more obvious injuries, can be difficult to detect. In addition, brain injuries can present physical, cognitive, and emotional symptoms. Physical Symptoms Cognitive Symptoms Emotional Symptoms The most important thing is to listen to your body. If you suspect you have a brain injury, even if your symptoms aren’t listed here, you should talk to a doctor as soon as possible. Brain Injuries Can Vary in Severity In recent years, we’ve come to understand that even minor brain-injuries can have serious implications. As a result, it’s important to recognize that brain injuries can range in severity from severe injuries that require immediate hospitalization to minor injuries that may not be obvious right after your accident. The Mayo Clinic classifies the severity of injuries by whether or not you lost consciousness and for how long: Mild brain injuries occur when you were unconscious for 30 minutes or less or didn’t lose consciousness at all. Concussions are the most common form of mild brain injury. Moderate brain injuries occur when you were unconscious anywhere from 30 minutes to 24 hours. In addition to the symptoms listed above, you may experience dilated pupils, loss of feeling or sensation in your extremities, significant memory loss, severe headaches and nausea, and even clear fluid draining from your ears or nose. Severe brain injuries are those where you were unconscious for more than 24 hours. These injuries are usually immediately identifiable due to the serious side effects involved, and often require months of medical treatment and recovery. Possible Long-Term Consequences of Brain Injuries If you’ve suffered a traumatic brain injury, you need to be aware that you may be facing more than just medical bills. The CDC has reported that traumatic brain injuries can increase your risk of contracting epilepsy and Alzheimer’s disease. In addition to the harms and risks to your health, you may also be facing the following consequences: Contact a New York Brain Injury Attorney Today to Schedule a Free Consultation If you’ve suffered a traumatic brain injury as a result of someone else’s negligence, you may be entitled to compensation for your injuries and other losses. You need an experienced brain injury attorney who can help you through the claim process in order to put your life back together. Attorney David Kaufman has been helping people who have suffered brain injuries since 1989 by providing dedicated, compassionate legal representation. If you’d like to speak with him about your case, call us at 631-388-7172 or contact us online in order to schedule a free consultation. New York Medical Malpractice Lawyer: Surgical Errors Surgical Errors Usually Entitle Victims to Significant Compensation We place immense trust in the medical professionals to whom we look to for care, especially when we place our lives in their hands during surgery. We rightfully expect them to perform their jobs competently and in a way that does not expose us to an unreasonable risk of harm. Unfortunately, this does not always occur, and every year thousands of people are injured in surgical errors that are the result of medical malpractice. If you or a family member has been injured by a medical error during surgery, you should speak to an experienced New York medical malpractice attorney as soon as you can. To schedule a free case evaluation with attorney David M. Kaufman, call our office today at 631-761-6400. Understanding Medical Malpractice As a patient, it’s important to understand that not every adverse medical outcome means that medical malpractice occurred. Surgeons, physicians, and other medical professionals use their professional judgment every day and sometimes make the wrong decision. Actionable medical malpractice occurs when a medical professional’s actions fall below the acceptable standard of care. The standard of care in New York is the care that a reasonable surgeon with the same training and skill as other surgeons in his or her area would provide. Proving malpractice, then, depends on presenting evidence that another medical professional would not have pursued the same course of conduct. That said, in some cases, a medical professional’s conduct is sufficiently egregious that medical malpractice is conceded and no expert testimony is required. Victims, however, should always retain legal counsel, whether their case is contested or not. Examples of Surgical Errors Surgical errors can occur in a variety of ways. What they all share in common is that they should not occur in the absence of negligence. Some of the more common surgical errors include the following: What Causes Surgical Errors? There are a number of reasons that surgical errors occur. Here are some of the most common: Surgical Errors Can Result in Substantial Losses for Victims People who are injured by surgical errors often suffer significant economic and noneconomic losses. Fortunately, under New York law, these losses are often recoverable. Here are damages that are typically sought in a medical malpractice case: It’s important to recognize that the value of a medical malpractice case can be extremely difficult to determine without significant experience in this area of law. For this reason, if you or a family member has been the victim of a surgical error, you should contact an attorney – even if the surgeon’s insurance company has made a seemingly generous settlement offer. Keep in mind that the insurance company is not on your side, and the only way to know how much your claim is worth is to discuss your case in detail with an experienced medical malpractice lawyer in NYC. Call Today to Schedule a Free Case Evaluation with a New York Medical Malpractice Attorney If you or someone you love has been the victim of medical malpractice in the operating room or otherwise, you should speak to an attorney as soon as you can. In many cases, victims can recover compensation for the losses they have sustained as a result of malpractice, including their additional medical expenses, lost income, pain and suffering, and lost quality of life. Attorney David Kaufman has been representing the rights of the injured since 1989. To schedule a free case evaluation with Mr. Kaufman, call our office today at 631-388-7172 or contact us online. Car Insurance Company Tactics that Leave Victims High and Dry Car accidents are often terrifying experiences and can have long-term consequences for drivers, passengers, and their families. An accident may only last a few seconds, but the physical, emotional, and financial damage can continue for years afterward. New York requires drivers, and each motor vehicle, to carry automobile insurance, In part, drivers pay for insurance to protect themselves. Unfortunately, insurance companies often engage in underhanded tactics to avoid paying insurance claims, even to their own insureds. Below are some of the most common tactics used by insurance companies to avoid paying insurance claims. If you have been in an accident, it is important that you contact a personal injury attorney as soon as possible to discuss your case and to protect your interests against any unscrupulous insurance company. Ways Insurance Companies Try to Avoid Paying Claims Insurance companies are first and foremost businesses that want to make as much money as possible. Therefore, it is in insurance companies' best interest to pay as little as possible on each claim they receive. Below are common tactics to look out for after a car accident : Contact a New York Personal Injury Attorney Today to Schedule a Free Case Evaluation If you have been injured in a car accident, you may need help navigating the legal process and dealing with an insurance company. You should contact a New York personal injury attorney as soon as possible to discuss your case. Contact the Law Office of David Kaufman today for a free and thorough consultation by calling us or by submitting our online contact form. Did Your Work Environment Cause Your Mesothelioma? Mesothelioma is a disease caused by breathing or ingesting microscopic asbestos fibers. The fibers become embedded in the lungs or stomach lining, where they cause a deadly malignant tumor. Asbestos is made up of a group of minerals that combined make a product that is highly heat resistant. This makes the substance extremely useful in many industrial applications, including as a fire retardant, insulation for pipes that carry hot substances, such as steam, floor tiles, vehicle brakes, and clutch linings. Asbestos is used often in shipbuilding as a fire retardant. Because of its widespread use in many industrial applications, work exposure to asbestos is considered the leading cause of mesothelioma. Work Exposure to Asbestos is the Most Common Cause of Mesothelioma The federal government designates asbestos as a health hazard and strictly regulates its use. These regulations, which apply in construction, shipyards, and general industry, require monitoring of employee exposure to asbestos, particularly airborne asbestos, which is subject to strict limits. Unfortunately, there is no safe level of asbestos exposure. Even though many people exposed to asbestos do not develop mesothelioma, asbestos exposure is the primary risk factor for mesothelioma. Even short exposures to asbestos can cause mesothelioma, although typically the disease is found in employees who have had long-term exposure to asbestos. This often occurs through their employment. It can take decades of exposure to asbestos for mesothelioma to develop, and even then most people exposed to asbestos do not develop mesothelioma. There are a number of clearly identified risk factors for mesothelioma, including: First, a history of exposure to asbestos is the leading risk factor. Living with someone who works with asbestos also is a major risk factor. Someone working with asbestos likely will bring home asbestos fibers on hair, skin, and clothing. Long-term exposure to such “second-hand” fibers increases the risk of mesothelioma. Although exposure to asbestos is the primary risk factor, a family history of mesothelioma also can indicate a heightened risk for the disease. Certain Industries Bear the Highest Risk of Mesothelioma Any office worker potentially faces exposure to asbestos, particularly those who work in older buildings. Still, there are certain jobs that carry an enhanced risk of exposure to asbestos, and these occupations account for most deaths from mesothelioma. These industries include: More than a million construction workers probably are exposed to asbestos every year, and from 1999 through 2012, construction workers made up nearly 15 percent of all mesothelioma deaths. Given the widespread use of asbestos in many manufactured products, it is no surprise that almost 5 percent of all occupational mesothelioma deaths from 1999 through 2012 occurred among manufacturing workers. Nearly 3 percent of mesothelioma deaths occurred among industrial and chemical workers from 1999 through 2012. More than 3 percent of mesothelioma deaths during the same time period occurred among automotive parts manufacturers and the mechanics who install the parts. Shipyard workers account for a significant percentage of mesothelioma deaths, and veterans, especially Navy veterans, account for 30 percent of mesothelioma diagnoses. Stop for a school bus that is flashing lights no matter what, even on divided highways. Under New York law, if you see flashing lights, you must stop for the school bus. This is true even if you are on the other side of a divided road from the school bus. Further, even if the children have exited the bus and appear to be in the clear, as long as the red flashing lights remain on, you cannot proceed. Remain 20 feet away. You must stop your vehicle at least 20 feet from the bus. This is true whether you are in front of or behind the bus. A bus driver can wave you past. A bus driver has the authority to wave you past the bus. Make sure that you have an affirmative approval from the bus driver before passing. If unsure, do not proceed. More people admit to driving after drinking around the holidays. More than a third of drunk driving deaths in December happen between Christmas and New Year’s. In 2016, there were 781 traffic deaths related to drunk driving during December. In 2017, there were 885 drunk-driving related deaths in December, a sharp increase. If you feel comfortable confronting the person harassing you, tell the person to stop. Do it in front of others and make it clear what behavior you consider inappropriate or harassing. Don’t worry about being rude – someone who is harassing you at work is in line to receive a little rudeness. Find out if your employer has a sexual harassment policy and know what it says. Most employers of any size have a written policy. It might be in the employee handbook or on the company website. Ask a supervisor for a copy if necessary. If the company has a written policy, follow the steps required by the policy; otherwise, talk to a supervisor about what you should do next under company policy. Document the harassing behavior – write it down, including times, dates, locations, and the nature of the behavior. If the behavior includes visual displays – lewd cartoons, pin-up posters, wall calendars with scantily clad models and the like – take pictures. File a complaint with your employer. If you actually have been sexually assaulted, call the police and file a criminal complaint. You also can file a complaint with the Equal Employment Opportunity Commission, the federal agency that investigates sexual harassment complaints. The severity of the injury How you respond to the treatment The cost of treatment The duration of your treatment Pain and suffering, which covers physical pain and mental suffering Disability Disfigurement Emotional distress Loss of enjoyment of life Traumatic Brain Injuries – Traumatic brain injuries can occur if a dog bites your head or you fall during an attack and hit your head with enough force. Traumatic brain injuries can leave victims with debilitating symptoms that can last for weeks or even months. In fact, in particularly severe cases, victims may even develop long-term or permanent disabilities. Broken Bones – Dogs have extremely powerful jaws that can easily crush bones when they bite down. Broken bones can require surgery to correct and can leave victims with permanently disfigured limbs or extremities. Nerve Damage – When a dog bites into your flesh, it has the potential to damage the nerves responsible for sensation and motor control. Importantly, nerve damage can be permanent and cause numbness, weakness, tingling, and other long-term complications. Serious infections – Contrary to what you may have heard, dog’s mouths are not “cleaner than ours.” In reality, they harbor millions of bacteria that could potentially cause a serious infection. In fact, just recently a Wisconsin man had to have his limbs amputated after he developed complications from an infection he contracted from a dog lick – not even a bite! Get the name of the dog owner and ask eyewitnesses for contact information. Seek medical attention immediately. Many dogs are not up to date on their vaccinations, and it is critical that you start any necessary medical treatment immediately. In addition, seeking medical attention will result in the generation of an official record detailing your injuries, which can be used as evidence during any insurance or legal claim. Do NOT accept any settlement offers made by the dog’s owner or his or her insurance company. Retain an attorney as soon as you can. If the Uber driver was not logged in, then you must make a claim on any liability insurance they have. If the Uber driver was logged into the app but had not yet accepted a ride, then the driver has an insurance policy offering $50,000 per person for bodily injury, up to $100,000 per accident. The policy also provides $25,000 in property damage per accident. If the Uber driver had accepted a request and was on their way to pick them up, or if they were in the act of transporting a customer, then much more insurance is available. The driver should have $1 million in coverage for all bodily injuries and property damage. Health care bills within 45 days Lost wage claims within 90 days Insurance records Police records and reports Medical records Driving records Employment files Photographs Shoddy construction Overloaded platforms Loose fasteners holding scaffolding together Improper, old, or inadequate scaffolding materials Improperly anchoring scaffolding materials to the wall or failing to provide the necessary reinforcements Interference of surrounding construction equipment with the scaffolding supports and beams Job site scaffolding must be able to support at least four times the amount of the expected maximum load. The construction company must immediately repair any damaged scaffolding on the construction site, and scaffolding may not be used until all repairs are made. Scaffolding planks must always be tightly secured, and if not, must overlap by a minimum of 12 inches. Moveable objects, including concrete blocks, cannot be used to hold down scaffolding. Workers must be provided with an access ladder or some other means of safely accessing the scaffolding. Workers may not perform construction work on outdoor scaffolding during inclement weather. Cell phone use while behind the wheel, including texting and making phone calls while driving Disciplining young children in the car – usually in the back seat Roughhousing, fighting, or engaging in horseplay with passengers in the vehicle Listening to loud music while driving Medical expenses – In addition to recovering compensation for your past medical expenses related to your accident, you may also be able to recover damages for anticipated medical costs (i.e. future damages) – such as for a future surgery or other medical procedures. Lost wages – Motorcycle accident victims can recover damages equivalent to all the time they missed from their job because of the accident. In serious cases, they may even be able to recover for future lost earning capacity. This is especially true if they have to change jobs – or entire careers – because of the injuries they suffered in an accident. Pain and suffering – Injuries sustained in motorcycle accidents – along with the resulting medical treatment and therapy – can be very painful. Accident victims are entitled to recover damages for all of the pain, suffering, mental anguish, and inconvenience associated with their motorcycle accident. Property damage – Accident victims may be able to recover monetary compensation for property damage sustained in the accident, including the costs of repair or replacement. Monoplegia Hemiplegia Paraplegia Tetraplegia Always walk on the sidewalk and only walk on the street (facing traffic) if no sidewalk is available. Always stop and look in both directions before crossing any street or intersection. Do not text or make calls on a cell phone while walking and refrain from using headphones while walking. Do not run out in front of a car – even if it appears to be parked. Do not cross the street between vehicles Always cross a street at an intersection Always wear a tight-fitting bicycle helmet while riding. Always operate bicycles in a bike lane if one is available. Watch for open car doors and similar hazards on the roadway and in parking lots. Always use the proper hand signals when making turns and when slowing down or stopping. Wear brightly colored clothes. New York State Education Department New York State Governor’s Traffic Safety Committee New York State School Bus Contractors Association New York Association for Pupil Transportation Many different state, county, city and local law enforcement departments Representatives from student transportation Of the injuries studied, 60 percent were closed fractures and 40 percent were open fractures. Of the injuries studied, 67 percent were injuries of the lower extremities, 23 percent were of the upper extremities, and 10 percent were pelvic injuries. The overall rate of postoperative infections was nine percent, but the rate of open fractures was 17 percent. Overall, open fractures were also associated with higher nonunion and amputation rates. Emergency transportation from the accident scene and emergency treatment Medical care Physical and emotional pain and suffering Lost income Lost quality of life Fractures/bone dislocations: Many children will suffer a bone break in their childhood. Playground equipment offers plenty of situations in which a broken bone can occur. Internal injuries: Internal injuries can mean a host of things, but most common is internal bleeding or damage to organs. If your child falls, it is important to get them checked for internal injuries. Often, these injuries do not present immediate symptoms, and if left untreated can be deadly. Concussion: A concussion occurs when there is force or trauma to the head. They can occur on Long Island playgrounds when a child falls from an elevated surface. The symptoms can be mild and last several days. More severe cases may require hospitalization and even result in long-term or permanent damage. Amputation: Playgrounds often have equipment that has mechanical parts. The parts move and have gaps. Small children's arm and legs can get caught in these spaces. Sometimes, such an accident can result in such severe limb damage that it needs to be amputated. Defective Equipment: Companies design and sell playground equipment. Just like any product, playground equipment can have a manufacturer defect. These might not be immediately apparent. Product defects can result in a lawsuit.< Equipment that is Improperly Installed: Someone is responsible for installing playground equipment. This includes the type of material on which it sits (e.g., rubber, mulch, concrete). It is possible that an injury can be caused by improper equipment installation. Equipment that is Not Maintained: The owner of playground equipment is responsible for properly maintaining it. Over time equipment can break or deteriorate. Both time and weather can take a toll on playground equipment. No matter if it is the school, community, or private property (e.g., a homeowner association park) - if the owner fails to properly maintain the playground equipment they may be liable for your child's injuries. Maintain (and check regularly) enclosures around swimming pools. Access should be restricted from young children. Teach your children to swim and basic pool safety. Make sure children are under adult supervision while in and around the pool. Establish pool rules. For example, no running, no diving in shallow water, stay away from drains, etc. Enforce the rules. Check all pool equipment each season and make sure it complies with laws. In particular, watch for all drains and drain covers. Have an emergency plan. Practice the plan. Take a CPR and first aid course. Teach children basic water safety. Be strict about young children and certified life jacket use. Have a safety plan for emergencies (meeting place, when to call 911, etc.) and practice these. Teach children how to properly use pool toys. Teach children that they should never swim alone. Always use the buddy system. Discuss the effects of alcohol and drugs on swimming with teenagers Teach the family how to use rescue equipment. Personality changes (e.g., suddenly combative) Increased anxiety Consciousness altered Memory processing problems Trouble focusing or concentrating Loss of motor control or balance Sleeping problems Failure to concentrate Weakness in arms and legs Falls (35%%) Car accidents (17%%) Being struck by something (16%%) Physical assault (10%%) Medical expenses, including emergency transportation and care, doctor and specialist care, aftercare, therapy, prescription medicines, and adaptive physical devices Property damage Lost wages due to lost hours at work Lost earning potential Physical and emotional pain and suffering Drivers and vehicle occupants are four times more likely to become traffic fatalities over Memorial Day weekend than they are during any other non-holiday weekend. In the years from 2011 through 2015, Memorial Day weekend experienced an average of 312 traffic fatalities a year – a higher average than any other holiday. Deaths caused by drunk drivers spike during the holidays, including Memorial Day weekend. The Insurance Information Institute finds that alcohol was involved in 40 percent of Memorial Day traffic fatalities that occurred between 2011 and 2015. The Centers for Disease Control and Prevention (CDC) relays that nearly a third of the traffic deaths in 2015 involved alcohol. Leaving surgical instruments or sponges inside of a patient Operating on the wrong body part Operating on the wrong patient Performing the wrong procedure Failing to maintain a sterile field during surgery Anesthesia errors Damaging a nerve during surgery Insufficient Training – In some cases, a surgeon may attempt a procedure that he or she has not performed before or for which he or she has inadequate training. When this occurs, patients can suffer serious injuries. Improper Surgical Process – Surgeons may attempt to take shortcuts to save time during a procedure, putting patients at risk. The Use of Drugs or Alcohol – The life of a surgeon can be extremely stressful, and the unfortunate reality is that some surgeons turn to drugs or alcohol as a way to cope. While it may seem impossible, sometimes surgeons perform surgeries while they are under the influence or are hungover or otherwise impaired. Fatigue – Surgeons work long hours and may not get adequate rest. Fatigue has been shown to impair physical and cognitive performance, so when surgeons come to work tired, it puts the people they are operating on at risk. Poor Communication – Performing a successful surgery requires communication between the surgeon and the other medical professionals involved. For example, a nurse may miscount the number of sponges that were used in a procedure or not confirm the number removed with another team member. Likewise, a surgeon may mark the wrong site for surgery and fail to double check with another team member. These failures to communicate can result in significant harm to patients. Medical Expenses – Many surgical errors result in additional medical expenses. Consider, for example, if a sponge is left inside of a patient – it would require another surgery to remove. Emotional Distress – Imaging the horror of waking up to find that a surgeon had performed the wrong procedure on you. Victims of surgical errors may be able to recover compensation for the emotional distress they experience as a result of the error. Pain and Suffering – Surgical errors may cause unnecessary pain and suffering, particularly when the error results in medical complications or the need for additional surgical procedures. Fortunately, under New York law, victims can recover for these types of non-economic damages. Lost Quality of Life – Some surgical errors have a permanent effect on victims’ quality of life, leaving them unable to do the things they once enjoyed. These losses are likewise recoverable under New York law. If You Have Been Diagnosed with Mesothelioma, Contact Personal Injury Attorney David M. Kaufman, PLLC If you have been diagnosed with mesothelioma, you should contact an attorney to determine whether you can recover compensation. To schedule a free case evaluation with a New York mesothelioma lawyer, call our office today at 631-761-6400 or contact us online. The Holiday Season Can Increase Your Risk of Being Injured by a Drunk Driver For many people, the holiday season is a time to celebrate with family and friends. Between office parties, holiday celebrations, and family gatherings, the holidays are often extremely busy – and may involve drinking alcohol more often than usual. Even if you aren’t drinking at your holiday parties, other people are, and you are sharing the road with them. And every year, the Christmas and New Year’s holidays lead to a sharp rise in people driving under the influence of alcohol. Sober or not, if you’re out there on the road, you’re at an elevated risk of being involved in an accident with a drunk driver. Drunk Driving Increases Around the Holidays When the year-end holidays roll around, police increase their efforts to catch drunk drivers. This is no coincidence. The holidays bring with them more parties. This tends to lead to more drinking and driving after drinking. Further, some people who don’t usually drink may drink at holiday parties. These people may have a lower tolerance for alcohol and may be inordinately affected by their drinking. While they are not habitual or regular drunk drivers, they may become incidental drunk drivers during the holidays. And those who are regular drinkers often drink even more than usual because other people are also drinking around them. These people may actually be habitual drunk drivers, and during the holidays, they may be worse than usual. The situation is a recipe for disaster. Additionally, in December parts of the country can be experiencing weather that presents less-than-perfect driving conditions, and the odds of alcohol-related accidents increase. There are grim facts regarding alcohol consumption and driving during the holiday season, including: The fact is, the holiday season is brutal for travelers out on the road, and not just because of traffic. Drunk drivers kill hundreds of people ever holiday season. In the last five years, drunk drivers were responsible for about 300 fatalities per year during the week between Christmas and New Year’s alone. Drunk drivers are responsible for more than a quarter of all crash fatalities during the holidays. If You Are Hurt in an Accident Caused by a Drunk Driver During the Holiday Season, Contact Law Office Of David Kaufman Sexual Harassment Remains a Serious Problem in the Workplace Everybody knows that sexual harassment in the workplace is illegal – but that doesn’t mean that it never happens. Importantly, sexual harassment doesn’t have to be the kind that Harvey Weinstein is accused of – known as quid pro quo sexual harassment – that involves an explicit demand for sex in exchange for a job or employment advancement. It can be significantly more subtle. Another type of sexual harassment is known as “hostile work environment harassment.” This much more common form of sexual harassment occurs when behavior is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. A hostile work environment can arise from a single act of harassment that is particularly severe, but can also arise from a pattern of behavior that could include lewd or suggestive remarks, jokes of a sexual nature, unwanted touching that doesn’t itself rise to the level of sexual assault, and other offensive behavior of a sexual nature. The behavior need not be directed at the employee who complains so long as it takes place within the sight or hearing of the employee. Steps You Should Take if You’ve Been Sexually Harassed at Work There are more than four steps you could take, but most sources of advice in this area, including the federal government, agree on a number of important actions. These include: Another action most sources agree on is to hire a good lawyer. Pursuing a sexual harassment complaint can be a complicated legal process, and you will need legal counsel to navigate those waters. If You Have Been Subjected to Sexual Harassment at Work, You Should Contact Personal Injury Attorney David M. Kaufman, PLLC If you are being sexually harassed at work in the Long Island area, you should contact an attorney to determine whether you can recover compensation. To schedule a free consultation with David Kaufman, call our office today at 631-388-7172 or contact us online. Don’t Settle Your Case Without Talking to a Lawyer First The overwhelming majority of personal injury cases are settled out of court. As an accident victim, it’s important to recognize that the insurance company is never on your side, and the only way to make sure you get the compensation you deserve is to retain an experienced lawyer to represent you. When you have suffered an injury in an accident, your first thought likely is not to start debating whom you should sue. You are more likely to be initially concerned with medical treatment, your recovery, returning to work, repairing or replacing your vehicle, and other immediate practical concerns. Nonetheless, at some point you should start to think about whether you need help with your accident claims. Even a minor accident can leave you with significant economic and non-economic losses, and a severe injury can result in millions of dollars in damages over the course of your lifetime. For this reason, if you’ve been hurt, it’s absolutely critical that you do everything you can to protect your legal rights – which starts by retaining an experienced New York personal injury lawyer. Can an Attorney Get You a Better Settlement? Negotiating for a settlement yourself is an option, of course, but personal injury accident settlements usually are not a good arena for amateur negotiators. The circumstances surrounding personal injuries from accidents may be complex, and may require, further investigation, legal analysis, and negotiating experience. Most people do not possess the training, skill or experience of that of a seasoned injury lawyer. Injury cases require a lawyer to synthesize case specific facts with the knowledge of the applicable law, and apply that to the injuries suffered in order to successfully negotiate. Further, the experienced injury lawyer will know when to reject a potential settlement offer, and push the matter towards a trial. Any number of different areas of law may come into play, and a detailed knowledge of the law is required. Further, some cases require an expert’s opinion or analysis regarding areas, such as building codes, medicine, engineering, physics, or other fields of expertise. An attorney with the knowledge and experience regarding the kind of proof or expert testimony required is essential. You Should Always Retain an Attorney to Represent Your Rights The annual cost of traffic accidents tops $242 billion a year, including lifetime economic costs. Those costs result from nearly 33,000 fatalities, about 4 million injuries, and approximately 24 million vehicles damaged or destroyed. Factoring in quality-of-life valuations for people injured in accidents, the total cost of traffic accidents in 2010 reached $836 billion. Approximately 54 percent of the costs of traffic accidents are paid by private insurers. At the end of the day, insurance companies don’t want to pay more than they have to. Whether your accident claim is against your own insurance company or the insurer for the other party, you need to realize that neither insurance company wants to pay more than it absolutely has to. An experienced injury attorney can help you maximize your recovery. If You Are Hurt in an Accident in the Long Island Area, Contact Personal Injury Attorney David M. Kaufman, PLLC If you have been hurt in an accident, you should retain an attorney as soon as you can. To schedule a free consultation with a New York personal injury lawyer, call our office today at 631-388-7172 or contact us online. How Much is My NY Auto Accident Claim Worth? Car accidents can leave motorists with substantial losses – both economic and non-economic. Calculating how much compensation you deserve can be a daunting task, one which requires an experienced Suffolk County car accident attorney. Read on for more information about how much you can receive with a claim. Medical Expenses Some motorists suffer serious injuries, including fractures, traumatic brain injuries, or spinal cord injuries that may require months of medical treatment. These injuries can have a devastating impact on a person’s emotions and finances. You can typically seek, and possibly receive, compensation for medical care to treat your injuries. The amount will depend on: Our clients can receive compensation for expenses like ambulance trips, surgery, hospital stays, rehabilitation, doctor’s visits, and prescription drugs. If your injuries require ongoing medical treatment, you can also receive compensation for these future expenses. When future expenses are involved, it’s critical for victims to retain an attorney, as it’s important to establish future damages with concrete evidence. Lost Wages If your injuries keep you out of work, or limit your ability to work, you may receive compensation for any wages you have lost. Some motorists suffer catastrophic injuries that can make it very difficult to return to their old employment, or to any job at all. These people might be able to receive lost future earnings to make up for their future losses. In cases involving a lifetime of lost income, it’s often necessary to enlist the assistance of an expert economist or actuary to determine how much a person would have earned over the course of their career. Property Damage You may also qualify for compensation for damage done to your vehicle in the crash or damage to other property. You can typically receive any amount necessary to repair your vehicle or, if it is totaled, to replace it. Non-Economic Losses Not all losses injured motorists suffer can be easily measured in dollars and cents. Nevertheless, injured motorists can receive compensation for the following: At Trial If your case goes to trial, a jury will have to use its experience and common sense to arrive at a dollar amount that will compensate you. Depending on the severity of your injuries, you might receive several times more in these non-economic damages than you do for your economic losses. Comparative Negligence Liability in some auto accidents is not always black or white, and you might have contributed to your own injuries. New York’s comparative negligence law will reduce your compensation by your percentage of fault. The percentage of your fault in the happening of the accident reduces your recovery by that amount. As an example, if your economic and non-economic damages or injuries total $100,000 but you were 60%% responsible, then you can only receive $40,000 in compensation. Speak with an Experienced Suffolk County Car Accident Lawyer Before requesting compensation, you need to fully understand how much your injuries are worth. To help with this process, contact the Law Office Of David Kaufman, which is pleased to meet with you for a free initial consultation. Please call 631-388-7172 or submit an online contact form. Remember, any delay in retaining an attorney may jeopardize your ability to recover compensation, or the amount recovered. Dog Bite Injuries Can Be Much More Serious than You Think It’s hard to leave the house in Nassau or Suffolk County without running into a dog or two. While most of our encounters with man’s best friend are positive, the unfortunate reality is that every day thousands of people are injured by dog bites. In fact, according to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs every year in the United States, and nearly 1 in 5 dog bite victims needs to seek medical attention. While it may be easy to think that dog bites tend to be nothing more than "nips" that may cause a scratch or bruise, in reality, dog bites are capable of causing severe injuries. In addition, serious dog bites can result in additional complications that can be worse than the injuries caused by the initial bite! Here are some of the more serious injuries that can result from a dog bite: Protecting Your Rights after a Dog Bite There are certain steps that you should take after a dog bite to ensure in order to protect your legal rights. These include the following: Call the Law Office Of David Kaufman Today to Schedule a Free Consultation with a New York Dog Bite Attorney If you’ve been injured in a dog attack in Long Island or the surrounding areas, you should call attorney David Kaufman as soon as you can. Mr. Kaufman will review the facts of your case at no cost to you and determine whether you have a claim. To schedule a free case evaluation with Mr. Kaufman, call our office today at 631-388-7172 or send us an email through our online contact form. Halloween and Pedestrian Accidents—What Parents Need to Know Halloween is a great time to dress up and enjoy some thrills, whether by visiting a haunted house or scaring your neighbors. Unfortunately, many parents experience a terror of a different sort when their children are out walking the streets of dark neighborhood streets. Early nightfall and often uncooperative weather conspire to put children at risk of being struck by motorists. Helpfully, there are things your children can do to minimize the risk of an accident, which you might want to discuss with them before they head out for trick-or-treating. Cross Only at Intersections Motorists are not expecting children to shoot out in front of them, so tell your children to cross only at intersections. Also, have them check both ways before going across. Many costumes are a dark color, which means your children will not be visible to drivers, some of whom might be rushing to get home after a long day, distracted by costumes, or holiday decorations. You can give your children flashlights to turn on as they walk, or you can put reflective tape on any bag that they are carrying. Outfit Your Children in Costumes that Fit Children can injure themselves when tripping over their own costume. Lift the hem on skirts and pants so that your children can walk free of obstruction. Also, pick sturdy footwear for your children that will grip the ground. Billowing sleeves and other cloth can get caught in car doors or the doors of homes, so ideally you will outfit your child in something sensible that fits closely. Avoid Going Inside Many children trick-or-treat only at homes of people they know. If your children are visiting the homes of strangers—and you are not going with them—then make sure they know to stay outside and not go indoors of an unknown home. Children should also travel in a group instead of going out alone. Make sure the group is not too big, because it is easy for a child to get left behind if the group has too many children. Conversely, if the group is too small, one or more children might head home, leaving your child all alone. Drive Carefully This tip is for Moms and Dads who are out on the road during Halloween. Drive slower than normal and alert for any children in costume. The slower you go, the more time you give yourself to stop if a child darts out into the road in front of you. Children can be visually impaired inside a costume, or unusually careless given this festive occasion. Also be careful when pulling out of driveways and when driving through intersections. Triple check, if necessary, to make sure no one is coming. If you do see a child approaching, assume they will not stop for you, so give them the right of way just to be safe. Speak with an Experienced Injury Attorney The Law Office Of David Kaufman wishes you and your children a safe Halloween. However, if you or a loved one, suffer an injury, then please call the office today. Injured pedestrians are eligible to receive a free consultation, which you can schedule by calling 631-388-7172 or sending an online message. Who is Liable for Uber Accidents? Ridesharing companies like Uber are here to stay. Only a few short years ago, Uber and Lyft revolutionized transportation across the U.S by allowing motorists to use their vehicles as taxis, and now they operate in dozens of counties around the world. However, Uber accidents continue to confuse people, in particular with respect to liability for accidents. The answer depends on who caused the crash and how much insurance they have available. Below, we run through some common scenarios. You Are a Motorist Struck by an Uber Driver Uber drivers cause collisions just like anyone else on the road, so you might be rear-ended or sideswiped by somebody using their vehicle as an Uber. If the Uber driver caused the collision, they are liable. However, if you caused the accident, then you are responsible. First, injured motorists can access $50,000 in no-fault benefits, which are required in New York. Because these benefits are no-fault, you can access them even if you are to blame for the crash. Second, if the Uber driver is to blame, then you can access additional benefits by suing the driver, who should have insurance. The amount of insurance available will depend on whether the Uber driver was logged in and looking for rides at the time of the collision: You Are an Injured Uber Passenger The key question is who is responsible for the accident that injured you—your Uber driver or another motorist. If it is the Uber driver, then he or she is responsible. If a different motorist struck the Uber driver, then this driver is responsible. Insurance is complicated. As a passenger, you can access the $50,000 no-fault benefits that the Uber driver has for their vehicle. If you also have a registered vehicle, you might access another $50,000 through your own policy. This will give you $100,000 in no-fault benefits. If your expenses exceed this amount, then you need to determine liability. If your Uber driver is to blame, then you can make a claim with their insurance policy, which provides up to $1 million in benefits. If the other driver is to blame, you can make a claim with their liability insurer. Helpfully, if the other driver is uninsured, then Uber has a $1 million uninsured/underinsured motorist policy that will kick in. Contact a New York Uber Accident Lawyer Today New York’s no-fault insurance laws are complicated enough as is, but throwing a ridesharing company into the mix only adds to the complexity. If you have questions, or if you need help filing a claim, reach out to an experienced Uber accident lawyer in New York today. Attorney David M. Kaufman is pleased to offer a free consultation to injured motorists. Schedule yours by calling 631-388-7172 or submitting an online message. How Long Do You Have to File a Claim after a NY Car Accident? After a car accident, you might feel overwhelmed dealing with your injuries. Many car accidents leave victims in considerable pain, which makes it difficult for them to think clearly about obtaining compensation. In fact, filing an insurance claim might be the last thing on their minds. Nevertheless, New York sets certain time limits you must meet if you hope to receive compensation after a New York car accident. Read on for more information. Promptly Report an Accident to Your Insurer No-fault - According to the Department of Financial Services Regulation 68, an injured motorist should provide written notice of the accident as soon as possible—but no later than 30 days after the crash in order to apply for No-Fault Benefits. The notice should contain information about the time, place, and the surrounding circumstances of the crash. If you miss the 30-day deadline, you can get an extension but only if you provide solid proof of why you were late. For example, someone in a coma or in and out of surgery might not even be aware of what day it is. However, your best bet is to report the accident as soon as possible. Liability - Insurance companies require “prompt” notification of an accident, usually within 24 hours, unless there is an excuse or reason for delayed notification. If you fail to promptly notify your insurance company, you should immediately do so, or call an attorney to help you decide the best course of action. Submit Supporting No-fault Documents within 45 or 90 Days Your no-fault insurer will need certain documents to help process your no-fault claim. You should submit the following documents in a timely manner: If you wait too long, you will compromise your ability to receive compensation. File a Lawsuit within 3 Years If your injuries are sufficiently serious, you might consider filing a lawsuit against the driver who is at fault for the accident. These lawsuits have their own deadline set out in the state’s statute of limitations. In particular, injured motorists usually have three years to file a lawsuit for any personal injuries or property damage as a result of the collision. This statute is found in New York Civil Practice Rules and Regulations 214. However, if a loved one died in the accident, then you have only two years from the date of the death to file a wrongful death lawsuit. If you miss the deadline, then a judge will dismiss your lawsuit, meaning you cannot hold the driver accountable for the injuries they caused. Further, if you are involved in an accident with a vehicle owned by a municipal or government agency or operated by an employee of a municipal or government agency, you have a much shorter time to act, and your failure to take the required steps and notifications could also prevent a lawsuit or claim. If you hope to settle your case, the fact is your real leverage is your ability to bring a lawsuit if they do not offer adequate money. For this reason, you absolutely must protect your rights and file a lawsuit before the limitations period ends. But, remember that there are numerous other obligations to fulfill in order to maximize your recovery. Speak to a New York Car Accident Lawyer If you have been injured in a New York car accident, time is of the essence. Many injured motorists benefit from hiring an experienced car accident lawyer who can relieve them of the stress of dealing with insurance adjusters and the court system. For a free consultation to talk about your case, please contact the Law Office Of David Kaufman today, by calling 631-388-7172 or filling out an online contact form. Recent Changes to NY CPLR § 2305 The New York Civil Practice Law & Rules (NY CPLR) govern the many stages of civil litigation, including for personal injury lawsuits. One important part of litigation is obtaining records and documents that your attorney may examine to build a case and to use at trial. Such records may be obtained by issuing a subpoena, which requires the production of the documents. Previously, New York courts had subpoena record rooms where documents would be delivered, and where attorneys would have to go during certain hours and pay to copy the needed records. As of August 2018, however, the legislature amended NY CPLR § 2305, which addresses subpoenas, to make the process easier for civil attorneys. The rule now allows attorneys to receive subpoenaed documents at their offices directly, rather than having to make a trip to court when the records room is open. That attorney then shares copies to opposing parties when necessary. While the changes in NY CPLR § 2305 might not seem important to car accident and other personal injury victims, it makes the litigation process more streamlined and efficient for personal injury attorneys. This, in turn, saves costs for injured plaintiffs and gives your attorney more time to tend to the core issues of your case. What is a Subpoena? A subpoena is a formal request for evidence, which can involve the production of documents or the appearance of a witness to testify at a legal proceeding. A subpoena is a court order, which means there can be penalties if someone refuses or fails to comply with the order. The changes in the law refer specifically to a “subpoena duces tecum,” which is a request for documents or other physical evidence. In personal injury cases, a subpoena duces tecum may be used to obtain many records, including: The specific documents your attorney may request will depend on the circumstances of your case. For example, in drunk driving cases, your lawyer will likely seek the police records of any chemical testing that may indicate the driver was over the legal limit. If you sustained injuries due to a dangerous hazard in a store, your attorney may want the records of when the premises were inspected and maintained. Subpoenas can be used in many different ways and can result in important evidence to support your personal injury claim. Contact a Long Island Personal Injury Attorney to Discuss Your Situation As an experienced New York personal injury attorney, David Kaufman strives to resolve cases for every client in the most efficient and stress-free manner possible. He understands the complex laws and court procedures in New York and stays apprised of any changes in the law that may benefit your claim. If you suffered any type of accidental injury and want to learn about your options, do not hesitate to contact the Law Office Of David Kaufman. Contact our office online to schedule a free consultation. Who’s Responsible when a Self-Driving Car Crashes? Self-driving cars – once seen as novelties of the future – are quickly becoming a reality all over the country. Within the next several years, many manufacturers, including BMW and Mercedes, plan to unveil vehicles which are fully automated and which can literally drive themselves. With the advent of self-driving cars comes a whole new set of legal questions. These questions present themselves when self-driving vehicles collide with other motor vehicles, pedestrians, or bicyclists, and cause injuries to others. Although this is a relatively new and unsettled area of law, if you’ve been hurt by an autonomous or semi-autonomous vehicle, you may be able recover compensation for your injuries. Attorney David M. Kaufman has been practicing law since 1989 and is committed to helping car accident victims obtain the compensation they deserve. To schedule a free consultation with Mr. Kaufman, contact us online or call our office today at 631-388-7172. New Automobile Technology With every year comes increasingly advanced features and technology on automobiles. These new features help keep drivers from switching lanes too abruptly, warn drivers of obstacles behind them as they reverse their vehicles, and quickly stop their vehicles if another vehicle makes an abrupt stop in front of them. These new car technologies utilize radar, mirrors, sensors, and cameras to help drivers avoid serious crashes. In the near future, these vehicles are expected to be fully automated, without any need for a human driver. It is important to remember, however, that these new technologies have a downside – if they fail, they can actually cause the very accidents that they are designed to prevent. Suing a Vehicle Manufacturer or Designer As totally self-driving vehicles gradually become a reality in the coming years, it is important to consider who will be responsible in the event of a collision. Although most car accidents have traditionally centered on driver negligence (i.e. failing to abide by a reasonableness standard of care), accidents involving self-driving vehicles are more likely to focus on manufacturing and design defects in the self-driving system. Manufacturing and design defects do not always require a negligence finding. In order for an accident victim to file a claim or lawsuit against a vehicle manufacturer, designer, or distributor, he or she need only show that the vehicle had an inherent defect which rendered it dangerous or unsafe. However, accident victims may also be able to sue the manufacturer or designer for negligence in some cases. Specifically, the accident victim could allege that the vehicle – or the technology therein – was unreasonably or negligently manufactured or designed. Call Us Today to Speak with a New York Personal Injury Attorney If you have been injured in an accident involving a self-driving car or any other type of vehicle, you should speak to an attorney as soon as you can. With nearly 30 years of experience practicing law, New York personal injury lawyer David M. Kaufman has the skill and experience required to bring your case to a successful resolution. To schedule your free consultation with Mr. Kaufman, call our office today at 631-388-7172 or send us an email through our online contact form. What Causes Scaffolding Collapses at Construction Sites? Working on scaffolding can be dangerous, especially at construction sites. In fact, simply being around scaffolding can expose a person to a significant risk of injury. According to the Occupational Safety and Health Administration, approximately 4,405 employees suffered serious injuries or death while working on a construction site in the last year. Scaffolding can be several stories above ground and is sometimes put together hastily. When builders do not take their time constructing scaffolding or use substandard material, a scaffold can pose a serious hazard, both to those working on the scaffolding and anyone who happens to be underneath it. If you or a loved one has been injured in a scaffolding collapse accident, you should speak to a New York personal injury lawyer as soon as you can. At the Law Office Of David Kaufman, we will review your case for free and let you know whether you have a claim. To schedule a free case evaluation, call our office today or send us an email through our online contact form. How Scaffolding Collapses Occur Scaffolding collapses can occur in a variety of ways. Some of the most common causes include the following: OSHA Concerns Regarding Scaffolding When it comes to scaffolding collapses and other construction site accidents, regulations imposed by the Occupational Safety and Health Administration (OSHA) become important. When construction companies and other employers violate OSHA regulations, they can be legally liable. OSHA imposes the following regulations with regard to scaffolding, the purpose of which are to prevent collapses: Injuries in Scaffolding Collapse Cases Since scaffolding can be very tall and place workers many feet off the ground, a collapse can seriously injure those working on the scaffolding – as well as those who happen to be underneath it. Common injuries in scaffolding collapse cases include traumatic brain injuries (TBI’s), crush injuries, paralysis and other spinal cord injuries, soft tissue injuries, and death. Call a New York Personal Injury Lawyer Today to Discuss Your Case If you or a loved one has suffered injuries in a scaffolding collapse accident, you should speak to an attorney as soon as you can. Attorney David M. Kaufman works with clients in Suffolk County, Nassau County, and Long Island, as well as throughout the rest of the New York area. To schedule a free case evaluation with Mr. Kaufman, call our office today or contact us online. Minor Traffic Violations Can Cause Serious Pedestrian Accidents When motor vehicle drivers are in a hurry and violate the rules of the road – especially around traffic intersections – the consequences can be tragic. When a car or truck collides with a pedestrian, serious injuries can occur, including serious broken bones, traumatic brain injuries, spinal cord injuries, and even injuries that result in death. These injuries happen because pedestrians are fully exposed to the world around them, and a collision can cause severe primary injuries as a result of the impact as well as secondary injuries when pedestrians are thrown to the ground or into other vehicles. At the Law Office Of David Kaufman, we have worked on many pedestrian accident cases in and around New York, including the communities of Suffolk County, Nassau County, and Long Island. If you have sustained injuries in a pedestrian accident that was brought about by a negligent driver, please contact our office today to schedule a free consultation with an experienced New York personal injury lawyer. Here are some of the more common traffic violations that often result in serious injuries to pedestrians: Running a Red Light or a Stop Sign Traffic lights and stop signs are often found at busy intersections – especially those with crosswalks. When motor vehicle operators carelessly run a stop sign or try to beat a red light, they can collide with pedestrians who may still be present in the crosswalk. If the motor vehicle was unlawfully in the intersection, the driver can be deemed responsible for the accident and the resulting injuries. Even though many motor vehicles are equipped with back-up cameras and other high-tech devices, some drivers fail to use these devices and do not look behind them as they back up. When they fail to do this, they can collide with pedestrians who may be walking behind their vehicle. These types of pedestrian accidents are especially common in parking lots, parking garages, and other areas where motor vehicles must share the roadway with pedestrians. Distracted Driving Distracted driving occurs when motor vehicle operators divert their attention away from the roadway in front of them or behind them, often causing a serious collision with a pedestrian or another motor vehicle. Some common examples of distracted driving on roadways and in parking lots and parking garages include the following: Call the Law Office Of David Kaufman Today to Schedule a Free Consultation with a New York Personal Injury Lawyer If you have suffered injuries as a pedestrian because of a motor vehicle driver’s carelessness or negligence, you have legal rights and options available to you. At the Law Office Of David Kaufman, we understand that pedestrian accidents can result in serious injuries, damages, pain, suffering, and inconvenience – and we are here to help. We serve clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation, call our office today at 631-388-7172 or send us an email through our online contact form. What Damages can You Recover in a New York Motorcycle Accident Case? The worst fact about many motorcycle accidents is that they are entirely preventable. When motor vehicle drivers operate their vehicles negligently and forcefully collide with a motorcycle, they can cause serious injuries and property damage. These accidents may also result in medical treatment, physical therapy, occupational therapy, and lost wages – all of which could have be completely avoided had the driver used reasonable care. At the Law Office Of David Kaufman, we understand the frustration and pain that motorcycle accident victims experience and do everything we can to help them obtain justice. We will review your case at no cost to you and will only collect legal fees if we successfully recover compensation on your behalf. To schedule a free case evaluation with a New York personal injury lawyer, call our office today or contact us online. Common Injuries Sustained in New York Motorcycle Accidents New York motorcycle accidents often occur at high speeds and with great force. When a car or truck collides with a motorcycle, the collision can force the motorcycle driver and any passengers off the bike and onto the ground, often resulting in serious injuries in the process. These injuries can include spinal cord injuries, bone fractures, soft tissue contusions, muscular sprains and strains, traumatic brain injuries, and sometimes death. Types of Monetary Damages Available Motorcycle accidents can result in serious injuries that require medical attention and treatment. You may also miss time from work to attend medical appointments and otherwise recover from your injuries. Following a motorcycle accident, you may be able to pursue the following damages: Call Us Today to Speak with a New York Personal Injury Lawyer about Your Motorcycle Accident Case If you have suffered injuries in a motorcycle accident caused by a negligent driver, you should speak to a lawyer as soon as you can. We serve clients throughout New York, including in Suffolk County, Nassau County, and Long Island. To schedule your free case evaluation with a personal injury lawyer in New York, call our office today or contact us online. Spinal Cord Injury FAQ According to the Centers for Disease Control and Prevention (CDC), nearly 46%% of all spinal cord injuries that occur across the country result from serious motor vehicle accidents. However, spinal cord injuries can follow other accidents as well, including workplace accidents and slip and falls. If you or a loved one has suffered a spinal cord injury, you need experienced legal counsel on your side. At the Law Office Of David Kaufman, we are committed to helping spinal cord injury victims obtain the compensation to which they are entitled under the law. We work with clients through the state of New York, including Suffolk County, Nassau County, and Long Island. To schedule a free case evaluation with a personal injury lawyer in New York, call us today at (631)-388-7172. What is a Spinal Cord Injury? When a spinal cord injury occurs and the spinal cord is severely damaged – usually because of a direct impact to the neck or back in a serious accident, the damage to the cord can disrupt the brain’s ability to communicate with the rest of the body, potentially resulting in paralysis below the site of the injury. Types of paralysis include: What Causes Spinal cord Injuries? Spinal cord injuries can occur in a number of ways. Some of the most common causes of these injuries include motorcycle accidents, car and truck accidents, slip-and-falls, and boating accidents. What is most important for victims, from a legal perspective, is when they are caused by someone else’s negligence, they can typically recover compensation for their injuries. How much is my Case Worth? Some spinal cord injuries are treatable, while others are not. Spinal cord injuries can require a great deal of medical treatment, including surgeries and other complicated medical procedures. In cases where a victim is left paralyzed with little hope of recovery, any award or settlement they receive or accept should reflect a lifetime of economic and noneconomic losses. Spinal cord injury victims are sometimes able to recover compensation for the cost of medical bills, future medical procedures, ongoing care, mobility devices, lost wages, loss of earning capacity, pain and suffering, and rehabilitation costs. While each case is different, some spinal cord injury cases result in large settlements or awards. Do You Need a Lawyer? Although some accident cases – including those involving spinal cord injuries – ultimately settle, you need experienced legal representation. The losses associated with spinal cord injuries can be difficult to prove, and a lawyer can help you satisfy the legal elements of your case and pursue all of the damages to which you may be entitled. Call Us Today to Schedule a Free Consultation with a New York Personal Injury Lawyer New York personal injury attorney David M. Kaufman has been practicing law since 1989 and is committed to getting each client the compensation they deserve. Our office serves clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation with Mr. Kaufman, call our office today at (631)-388-7172 or contact us online. Back to School Safety Tips As summer comes to a close, cool breezes will soon begin to blow and children will head back to school. With a new school year comes new classes, new teachers, new friends – and often new risks of injury. When back-to-school time comes, there are certain precautions that children of all ages can take to avoid accidents on their way to and from school. No matter how careful students are, however, accidents can still happen and serious injuries often occur as a result of another person’s carelessness. When this happens to your child, you need a skilled attorney by your side. At the Law Office Of David Kaufman, we are committed to helping children and their families obtain the compensation they deserve under the law and will review the facts of your case at no cost to you. To schedule your free consultation with a New York personal injury lawyer, call our office today or contact us online. Students Walking to and from School When students walk to and from school, they are often at the mercy of motor vehicle drivers on nearby or adjacent roadways. This is especially true as they cross intersections at crosswalks. By keeping the following tips in mind, student walkers can help to lessen the chances of an accident on their way to or from school: Students Who Ride Bikes to School Motor vehicle drivers oftentimes do not give bike riders the care and caution they deserve. However, by taking the following actions, student bike riders can reduce the likelihood of an accident on their way to or from school: Tips for Drivers Motor vehicle operators can help to reduce the chances of an accident by yielding to pedestrians in crosswalks (especially in marked school zones), and refraining from passing a stopped bus that is loading or unloading schoolchildren. Motor vehicle drivers should also never pass a motor vehicle which has stopped for pedestrians. Call a New York Personal Injury Attorney Today to schedule a Free Consultation No matter how careful you are, you can never account fully for the negligence of other. If your child is injured on the way to or from school, the legal team at the Law Office Of David Kaufman may be able to assist. To schedule a free consultation and case evaluation with a Suffolk County, Nassau County, and Long Island, New York personal injury lawyer, please call us today, or contact us online. How “Operation Safe Stop” is attempting to Increase School Bus Safety in Long Island You see them every day, yellow school buses all over Long Island. We entrust our children and their safety to not only the school bus driver but also assume that others will stop when they see a school bus with flashing lights. According to the American School Bus Council, 25 million children every day ride more than 480,000 school buses. These buses collectively travel more than 5.7 billion miles a year. Unfortunately, even though there are laws to protect the safety of children on school buses, Long Island drivers still break the laws every day. This puts our children at risk. The Purpose of Operation Safe Stop Operation Safe Stop is a collaborative program that attempts to bring education and enforcement to the forefront to enhance school bus safety. The program brings together the support of these offices/agencies: In April, law enforcement officers across the state participated in the "Safe Stop" program. This was an initiative designed to ensure and enforce school bus safety laws. On the same enforcement day in 2017, more than 1,000 tickets were issued. School bus safety needs to happen every day, but this brings heightened awareness and serves as a critical reminder. New York School Bus Stop Laws It seems simple enough. If a school bus is flashing lights, stop. Sadly, every day many people ignore this and other laws that are aimed at protecting school children on buses. Here is a recap of some of the New York state laws about school buses: Call Today to Speak with a Long Island Car Accident Attorney Operation Safe Stop is meant to educate the public about stopping for school buses and to help increase the odds of our Long Island children's safety. If your child is a victim of a school bus accident, you need help. Contact Law Office Of David Kaufman through our online contact form. You can also call us at 631-388-7172 to schedule a free consultation. The Dangers of a Long Island Watercraft Injury Long Island is a great place for fun in the sun and on the water. When you head out to enjoy the day on the water, incurring an injury is probably not something that you think about at all. Unfortunately, water-based activities sometimes result in serious injuries and have the potential to result in significant complications. If you have been injured in a watercraft accident that was caused by someone else's negligence, you need to speak to a personal injury lawyer in Long Island as soon as you can. To schedule a free consultation with attorney David Kaufman, call our office today. A Recent Study A recent study in the Journal of Orthopaedic Trauma reviewed orthopedic injuries related to watercraft accidents and analyzed the complications that arise from these injuries (in a level I trauma center). The resulting statistics are significant: Watercraft Injuries Can Be Extremely Serious This study outlines just how devastating injuries from watercraft accidents can be. Due to the nature of these injuries, full recovery to a pre-injury status can be exceedingly difficult. When the injury is an open fracture, it can be more difficult still. Overall, open fractures from watercraft injuries are hard to manage and have a much higher incidence of postoperative infection, nonunion of the bone, and amputation. These kinds of complications have the potential for lifelong damages, so it is critical for victims to seek experienced legal counsel as soon as possible. Your Watercraft Injury Claim If you have a watercraft injury claim, it’s important to ensure that the full scope of your damages is well documented. Common damages in a claim arising from a watercraft accident include the following: As a victim, it is important to understand that the insurance company is NOT on your side and will do everything it can to minimize the amount it pays out. For this reason, it’s critical that you hire an attorney after you’ve been hurt in any type of accident. If You’ve Been Injured in a Watercraft Accident, Consult with a Long Island Personal Injury Attorney Today If someone else’s negligence has left you injured in a watercraft accident, Law Office Of David Kaufman in Long Island, New York, is here to help. These claims are complicated, and the injuries incurred are often extremely serious. David has the experience, knowledge, and compassion to aggressively advocate for the compensation to which you’re entitled. Your initial consultation is free, and David will work with you to ensure that you are well informed throughout the process. Was Your Child Injured on a Long Island Playground? For most kids, playgrounds are a fun place to pass the time, play with friends, and get a little dirty. However, playgrounds can present a significant injury risk. In fact, playground injuries have the potential to leave children with injuries that could affect them for the rest of their lives, including traumatic brain injuries and spinal cord injuries. If your child has been injured on a playground, you should speak to a Long Island personal injury lawyer as soon as you can. Playgrounds Accidents Are Surprisingly Common According to the Center for Disease Control and Prevention (CDC), more than 200,000 children each year are treated for injuries related to playground incidents. Although many of these injuries are minor, severe injuries do occur. The causes of these injuries vary, but according to the Consumer Product Safety Commission (CPSC), 63%% of injuries are caused due to equipment, and 17%% are related to falls. Equipment can be faulty (either in assembly or design) or can be poorly maintained. Most Common Severe Playground Injuries Playgrounds are supposed to be fun. However, the inherent activity of play on a Long Island playground itself can add to the severity of injuries. Children run, jump, climb, and dangle. This behavior increases the odds of sustaining injury. Injuries are most common on teeter-totters, climbing apparatuses, and swings. The CDC categorizes the most severe injuries as fractures, internal injuries, bone dislocations, concussions, and even limb amputations. These categories account for 45%% of all playground injuries. Negligence in a Playground Accident Sometimes a playground injury is more than an accident. Here are some situations in which another might be responsible for your child’s injury: Call Us Today to Speak with a Long Island Personal Injury Attorney Playground accidents are sometimes more than just an accident. It is possible that your child was injured due to another’s negligence. Call the Law Office Of David Kaufman for a free and thorough consultation. Pool Safety Should Be Reviewed Every Summer Summer is here. Now, every pool in the area is filled with laughter and the sounds of summer fun. Unfortunately, as fun as swimming can be, it also exposes everyone involved to a risk of serious injury. For this reason, you should review pool safety with your family every summer. By doing so, you can save someone's life, including your own, Swimming Pool Death and Injuries According to the Center for Diseases Control and Prevention, from 2005-2014, there was an average of 3,536 fatal unintentional cases of drowning. This equals about ten deaths per day. Approximately 20%% of drowning fatalities were children 14 and younger. Drowning victims who survive can face long-term and even permanent disabilities. The CDC's statistics show that more than 500 of all drowning victims require admittance to the hospital or additional follow up care. Permanent injuries often result from the lack of oxygen and can lead to memory loss, learning disabilities, and in extreme cases all loss of basic functions. If you or someone you know has been the victim of a drowning accident, they should consult with a Long Island personal injury lawyer to learn more potential compensation available for the damages that were sustained. Complying with Pool Laws New York has specific laws that outline what is required if you own a swimming pool. These laws cover requirements regarding barriers, pool warning alarms, suction and circulation systems, and other safety features. If you have a pool or frequent a Long Island pool (whether Suffolk County public pool or private pool) you will want to make sure the pool is up to code. Pool Safety Checklist for the Premises All swimming pools can present hazards, regardless if in a public or private setting. Below is a checklist of important things to consider around pools. Educate Your Family About Pool Safety Swimming and pools are fun for all, but water can present many dangers. Review the following tips with your family each year. Call Us Today for a Free Consultation with a Long Island Personal Injury Attorney Pool safety is important. It can save lives. In the event your loved one is injured or dies in a pool incident you need experienced legal representation. Reach out to the Law Office Of David Kaufman via our online contact form or call us today at 631-388-7172 for a free consultation. >Traumatic Brain Injuries: FAQ’s for Victims in Nassau and Suffolk County A traumatic brain injury, which is often referred to as a "TBI," is often a serious injury. TBIs can be caused by falls, car accidents, getting hit while playing contact sports, and just about any other way that head trauma can occur. If you or someone you know has been a victim of a traumatic brain injury in Nassau or Suffolk County, they need legal representation. Call us today to speak to a Long Island personal injury attorney. What is a Traumatic Brain Injury? According to the Mayo Clinic, a TBI can occur when some external force causes trauma to the brain. The trauma leads to brain dysfunction and can result in torn tissue, bruising, bleeding, and other physical damage. Often these complications can lead to permanent damage or even death. If you suspect you've suffered a TBI seek medical help immediately. What are symptoms of TBI? TBI symptoms can vary from individual to individual and may not be immediately present. Some possible TBI symptoms include: How does TBI affect a person’s brain? The brain is the central hub for your body. It is responsible for body functions, communication, thoughts, and emotion. If an injury occurs to your brain any or all of these functions can be disrupted, either in part or as a whole. The severity of the symptoms and long-term outcomes depends on how extensive the TBI is and the location of the injury. What treatments are available for a TBI? The severity of the TBI injury will dictate the type and duration of care needed. Mild TBI injuries may be treated with rest and mild pain relief medication. Continued monitoring for a period of time is also critical follow-up care. With a TBI, symptoms can change quickly and often with little warning. Physical and mental activities might be limited for a period of time. In mild cases of TBI, most people return to normal activities in time. How common is TBI? According to the Centers for Disease Control and Prevention (CDC), more than 1.5 million people suffer from a TBI. Of these, over 50,000 people die, and 85,000 will have lifelong complications and disabilities. What are the causes of a TBI? Almost any activity can cause a TBI, for example, a slip and fall on the ice or a bad check in a hockey game. According to the CDC, some of the more common of causes of TBI include: Do I need legal help? Victims of TBI face many challenges. The effects can be long-lasting, even permanent. This can alter many lives- those of the person with a TBI injury and their family. An attorney can be critical in the early stages of a TBI. The role of a TBI attorney is not just legal representation but is to advocate for your best interests through the various stages of recovery. Contact a Nassau County Attorney about Your TBI Injury Case Today Don't go down your TBI injury path alone. An experienced TBI injury case attorney can be your best advocate. Contact the Law Office Of David Kaufman via our online contact form or call us today at 631-388-7172 for a thorough and free consultation. Four Surprisingly Serious Injuries Associated with Slip and Fall Accidents Most of us don’t give a lot of thought to slip and fall accidents. After all, most of the time, you slip, and you fall, and then you get back up and keep going. The worst part usually is likely the embarrassment your experience. Slip and fall accidents can, however, lead to severe injuries that are often accompanied by significant physical, financial, and emotional consequences. If someone else’s negligence has caused you to be injured in a slip and fall accident, seek experienced legal counsel. To schedule a free consultation with a Long Island personal injury attorney, call David Kaufman today at 631-388-7172 or contact us online. Traumatic Brain Injuries Traumatic brain injuries (TBIs) are usually caused by a blunt force or blow to the head, and the effects of such an injury – because it affects the brain – are incredibly unpredictable. The Mayo Clinic reports that one of the leading causes of TBIs is slip and fall accidents. TBIs often lead to a complicated and protracted recovery process that can significantly alter the course of the victim’s life. In fact, the effects often include pronounced physical, behavioral, sensory, cognitive, and psychological issues that leave some sufferers with an “altered sense of self.” Spinal Cord Injuries The Mayo Clinic describes spinal cord injuries as any damage to the spinal cord or the nerves at its end. Even a minor spinal cord injury can lead to extreme pain and significant debilitation. Your body’s central nervous system is comprised of your brain and your spinal cord in tandem. Because your central nervous system controls your physical sensations and coordinated bodily movement, any injury to the spinal cord can lead to paralysis – partial or complete. The physical, financial, and emotional consequences of a spinal cord injury cannot be underestimated. Broken Hip Serious Slip and Fall Injuries There are four surprisingly serious injuries that are closely associated with slip and fall accidents: Broken Bones Broken bones are common to slip and fall accidents, and they are excruciating injuries that are sometimes slow to heal and can lead to severe complications. When a broken bone doesn’t heal properly, it can cause significant physical setbacks that can turn into a permanent disability. Fracturing or breaking a hip is very common to slip and fall accidents – especially for older adults. A broken hip is an extremely painful injury that typically requires surgery (sometimes necessitating a full or partial replacement) and physical therapy. A fractured hip can lead to overarching physical complications that include limited mobility. If You’ve Been Injured in a Slip and Fall Accident, Consult with an Experienced Suffolk County Slip and Fall Attorney Today. If you've been injured in a slip and fall accident that was caused by someone else's negligence, you need skilled legal guidance. The Law Office Of David Kaufman in Suffolk or Nassau County, New York, is here to help. David has the dedication, experience, and compassion to help effectively and efficiently guide your claim toward just compensation. Your initial consultation is free, so please contact or call David at 631-388-7172 today. How To Hire A Lawyer The Four (4) Questions Before hiring a lawyer for a new injury or accident case, you should ask that lawyer some important questions, such as; 1. How many years have you been handling these types of cases? 2. What are the greatest challenges in my case? 3. What is the general timeline I can expect in the processing of my case? 4. Who will do the actual work on my case? Having worked at one of the largest injury law firms in NY State at the beginning of my career, I have a unique perspective on this practice of law and particularly trying to recover money damages (pain & suffering) for people tragically injured due to the careless choices of other people. Honestly, this area of law is all about responsibility for our actions as a society. Ok, enough soapbox talk. The Four Questions are not an exhaustive list of questions for you to ask a lawyer you are meeting when you are choosing a lawyer to handle your injury case. These are some of the best questions that potential clients have asked me, over my almost 30 years of doing these cases. Q 1. - How many years have you been handling these types of cases? This first question on the list, “how many years..?” is important because what I thought I knew 20 years ago, and what I know now, are very different. You want a lawyer with decades of actual experience handling your case. You want a lawyer who knows both the legal and factual setting, so that right from the beginning you have the best chance of maximizing your recovery. And this is not to say that you need a “specialist” in only that area. But you want someone with actual hands-on experience with that type of case, because each area of injury cases, has its own set of challenges, and you do not want your lawyer learning on your case. I have been honing my trial skills since I graduated law school in 1988; almost 30 years. I started my career at the District Attorney and began trying cases immediately. After leaving the District Attorney, I started as a Trial Attorney for one of the largest injury firms in NY State, where I was assigned to the courthouse to try case after case, as they appeared in the trial assignment courtroom. Q 2. - What are the greatest challenges in my case? At your first meeting with your new potential lawyer, that lawyer should have a fairly good idea of what the greatest issues and challenges in the case probably will be. This is not a promise that other issues will not arise (they always do!), but a seasoned and experienced lawyer will know right away what some of the big obstacles will be. For instance, dog bite cases present unique issues regarding the conduct of the actual dog (and it’s owners) prior to the injury-causing bite itself, called “prior vicious propensity” or PVP. Your potential lawyer should discuss this PVP issue with you at length at the very first meeting. This is a large issue in almost all dog bite cases, so it must be dealt with head on, immediately, and discussed at length. Most cases have issues, and cases can have multiple different issues. What you do not want is for that issue to be your lawyer. They say in carpentry to “measure twice, cut once.” The same logic applies here; basically take a little extra time with the lawyer, and ask questions, and really listen to the answers. Try to determine if that lawyer is competent, and someone you can trust and with whom you can connect. This is important, so really try to get it right the first time. Q 3. - What is the general time line I can expect in the processing of my case? Your potential new lawyer should have a good grasp of the general time frames, filing dates, and Statutes of Limitation (SOL) that apply to your particular case. Every case has a particular Statute of Limitation (SOL) which is the date beyond which you lose your right to sue. So in a garden variety automobile accident collision you have three (3) years in which to bring a lawsuit against the wrongdoer. After the 3 years, you can never again start a case. But, there are often multiple claims within a case, and some must be brought before the 3 years. Further, in automobile cases, there are multiple dates for filing and serving insurance documents in a much shorter time frame. Failure to file some of these documents will result in a loss of a valuable claim or rights, and will result in a lost opportunity to collect money for injuries. Not only must your potential lawyer be experienced and knowledgeable about the various time frames, but be able to explain them to you so that you are fully aware of them. You can help your lawyer, and your case, by promptly cooperating with requests, providing needed information and returning documents. Only if you know about what is going on with the case, will you be able to fully participate in the process. My firm is founded on the premise that regular contact with the client is a key element of a successful case. At our first meeting, every client is instructed that all calls will be returned by the end of business the next work day, and if it is not returned to please call again, because something happened! And clients are advised that there are no “stupid questions” and to “ask everything.” Q 4. - Who will do the actual work on my case? Having spent some time as a trial attorney at one of the largest plaintiff injury firms in NY State, I know that “who” is very important to the successful completion of your case. Some firms rely on secretaries or paralegals for much of the legal work. I know the value of an excellent staff, because I have such a staff. But, I also know that there are certain matters best left for the lawyer. At the beginning of my career, at the “big firm,” I was a part of a process in a big machine, where there was a different lawyer for each piece of the case. So one lawyer would do the pleadings, laying out the initial claims in the legal documents; sometimes without ever even meeting the client. Then, another lawyer would do depositions (a sworn statement under questioning by a seasoned insurance lawyer). Many times the depositions were held after only meeting the client that very morning. Further, after all was done and the case was ready for trial, I would step in and go to trial. Unfortunately, sometimes at the end stage (trial) it was impossible to undo what had been done. And whether it was inexperience or lack of focus, it hurt. In my firm, I handle all my own cases, and when you call my firm, you will only speak to me, and no other lawyers. I negotiate my own cases with the insurance companies. And the insurance defense lawyers know they will see me in court and at trial. They know that I have done all the preparation work and have not outsourced it to staff, or outside overseas companies. They know I have personally read and reviewed each and every document in the file. They know I will be the lawyer standing toe to toe with them in front of the jury. The Four (4) Questions detailed here are not meant as an exhaustive list by any means, but only a starting point for you to engage with a new lawyer who you might choose to represent you. These questions are the beginning, and not the end, of an ongoing discussion. Hopefully, this information is helpful in some way. If you need any other help, or want any other information about accident cases, injury matters, or any other matter, please feel free to call my office at 631-388-7172, or email me at David@NYLILawyer.com. It has been my honor to serve our community for almost 30 years. I handle cases throughout the state, and I am frequently hired by other lawyers to represent their clients in injury matters. My discussion and legal consultations are completely free and without any obligations. Remember that no legal problem is small when it is your own. Very truly yours, David M. Kaufman, Esq. How a Long Island Car Accident Lawyer Can Help Maximize Your Settlement Offer The aftermath of an injury-causing accident can be an extraordinarily stressful time. Between doctor’s visits, repair bills, and time away from work, you may even be tempted to simply allow the insurance company to take the lead in determining how much compensation you will get. While this may seem like the path of least resistance, it can result in you accepting a settlement far below the actual value of your claim. For this reason, if you’ve been hurt in a wreck, you should call a Long Island car accident attorney as soon you can. When you’re represented by an attorney, he or she will take the time to fully evaluate both your economic and non-economic losses – and make sure the insurance company treats you fairly. If it doesn’t, your lawyer may file a lawsuit on your behalf to make sure you get the compensation you deserve. The Insurance Company Cares More About its Bottom Line than Your Recovery While every accident is unique to its own circumstances, it’s important to recognize that all insurance companies are for profit organizations that are in the business of making money. This means that their incentive is to minimize settlements by whatever means they can. Insurance companies are well versed in tactics that help to keep their payouts low, and this leaves you at a disadvantage. An experienced accident attorney will know how to negotiate with the insurance company to help ensure that you receive a just settlement. If you’ve already been offered a settlement, do not accept it before first consulting with a New York accident lawyer who will determine the approximate value of your case, as once you accept an offer, it is nearly impossible to obtain additional compensation. Your Total Damages Accidents are so upsetting and unexpected that they tend to leave victims in a state of shock. If you’ve been injured, it’s that much worse. It’s important, however, to ensure that the total damages you’ve suffered are accounted for in your claim. Some examples of damages that are often sought in claims arising from motor vehicle accidents include: Negotiations Your compensation for the damages you’ve suffered in an accident will likely hinge on negotiations with the insurance company, and this isn’t a task you should tackle on your own. A New York car accident lawyer will skillfully take care of these negotiations on your behalf. Insurance companies are adept at tripping up unsuspecting claimants, but an experienced accident attorney understands how best to both avoid such pitfalls and to champion your rights in the settlement process. And of course, if you do not want to accept the insurance company offer, or if there is NO offer, you need an attorney who can take your case to trial! David M. Kaufman has been trying accident cases for almost 30 years. If You’ve Been Injured, Consult with an Auto Accident Lawyer in Long Island Today If another driver’s negligence has left you injured, you need experienced legal counsel. New York attorney David M. Kaufman has the experience, skill, and dedication to fight for your claim’s best possible outcome. Your initial consultation is free, and David will ensure that all your questions and concerns are addressed. - 6/1/2018 Memorial Day Can Increase Your Risk of Being Hit by a Drunk Driver Memorial Day – the unofficial kickoff to summer – is right around the corner. With this holiday comes a long weekend, backyard barbeques, time with family and friends, and plenty of outdoor fun. The Memorial Day weekend allows us an opportunity to take a break and recharge, and imbibing in alcoholic beverages is often part of the festivities. That’s all well and good until someone who has overindulged gets behind the wheel. Memorial Day weekend sees its fair share of impaired drivers, and impaired drivers are dangerous drivers. If you’re injured by a drunk driver, it’s imperative that you speak with a Long Island car accident lawyer as soon as you can to protect your legal right to recover compensation. Increased Travel Memorial Day is a long weekend in which families and friends get together to enjoy each other’s company, and as such, there’s more traffic on our roads. AAA reports that more motorists take to the roads for holidays like Memorial Day every year and that the number of motorists is expected to continue to rise. Further, a vibrant economy also tends to support increased travel. As the number of vehicles on our highways and byways increases so too does the number of drunk drivers. Holiday travelers beware. Memorial Day Travel Statistics Statistics gathered by the National Traffic Highway and Safety Administration and shared with CBS News that detail exactly how dangerous Memorial Day travel can be: Further statistics confirm the role that drunk driving plays in these fatalities: These statistics are nothing if not sobering. Because travel during Memorial Day weekend is more dangerous, it’s critical that you make driving safely your top priority this holiday. Getting behind the wheel of a vehicle means shouldering an immense responsibility. When impaired drivers take to the road, they eschew that responsibility and endanger everyone with whom they share the roadway. If an Impaired Driver Leaves You Injured this Memorial Day, Consult with a New York Car Accident Lawyer Today Drunk drivers are dangerous drivers. If an impaired driver has left you injured, you know exactly how difficult that is, and you need an experienced New York car accident attorney to advocate for your rights. At The Law Office Of David Kaufman in Central Islip, NY, David has the skill, knowledge, and commitment to aggressively fight for your claim's most positive resolution. Your initial consultation is always free, and David will ensure that you understand the process and the specifics of your car accident claim. Please contact or call our office for skilled legal guidance today. - 5/27/2018 New York Medical Malpractice Lawyer: Surgical Errors Surgical Errors Usually Entitle Victims to Significant Compensation We place immense trust in the medical professionals to whom we look to for care, especially when we place our lives in their hands during surgery. We rightfully expect them to perform their jobs competently and in a way that does not expose us to an unreasonable risk of harm. Unfortunately, this does not always occur, and every year thousands of people are injured in surgical errors that are the result of medical malpractice. If you or a family member has been injured by a medical error during surgery, you should speak to an experienced New York medical malpractice attorney as soon as you can. To schedule a free case evaluation with attorney David M. Kaufman, call our office today at 631-761-6400. Understanding Medical Malpractice As a patient, it’s important to understand that not every adverse medical outcome means that medical malpractice occurred. Surgeons, physicians, and other medical professionals use their professional judgment every day and sometimes make the wrong decision. Actionable medical malpractice occurs when a medical professional’s actions fall below the acceptable standard of care. The standard of care in New York is the care that a reasonable surgeon with the same training and skill as other surgeons in his or her area would provide. Proving malpractice, then, depends on presenting evidence that another medical professional would not have pursued the same course of conduct. That said, in some cases, a medical professional’s conduct is sufficiently egregious that medical malpractice is conceded and no expert testimony is required. Victims, however, should always retain legal counsel, whether their case is contested or not. Examples of Surgical Errors Surgical errors can occur in a variety of ways. What they all share in common is that they should not occur in the absence of negligence. Some of the more common surgical errors include the following: What Causes Surgical Errors? There are a number of reasons that surgical errors occur. Here are some of the most common: Surgical Errors Can Result in Substantial Losses for Victims People who are injured by surgical errors often suffer significant economic and noneconomic losses. Fortunately, under New York law, these losses are often recoverable. Here are damages that are typically sought in a medical malpractice case: It’s important to recognize that the value of a medical malpractice case can be extremely difficult to determine without significant experience in this area of law. For this reason, if you or a family member has been the victim of a surgical error, you should contact an attorney – even if the surgeon’s insurance company has made a seemingly generous settlement offer. Keep in mind that the insurance company is not on your side, and the only way to know how much your claim is worth is to discuss your case in detail with an experienced medical malpractice lawyer in NYC. Call Today to Schedule a Free Case Evaluation with a New York Medical Malpractice Attorney If you or someone you love has been the victim of medical malpractice in the operating room or otherwise, you should speak to an attorney as soon as you can. In many cases, victims can recover compensation for the losses they have sustained as a result of malpractice, including their additional medical expenses, lost income, pain and suffering, and lost quality of life.Attorney David Kaufman has been representing the rights of the injured since 1989. To schedule a free case evaluation with Mr. Kaufman, call our office today at 631-388-7172 or contact us online.      Persistent or recurring headaches      Dizziness or loss of balance      Blurry vision    Nausea ●     Persistent fatigue
  • A change in the skin’s texture at the injury site
  • A change in sweat patterns in the affected area
  • A change in patterns of nail or hair growth in the affected area
  • A stiffening of joints in the affected area
  • A decrease in muscle coordination in the affected area
  • Abnormal movement patterns in the affected limb
  • Your basic economic loss was greater than $50,000.
  • You suffered a severe injury, such as dismemberment, disfigurement, death, fracture, and more,
  • Medical expenses
  • Lost income
  • Property damage
  • Physical and emotional pain and suffering
  • Disfigurement
  • Falls are the leading cause of emergency room visits.
  • Slip and fall accidents often lead to painful fractures.
  • Slip and fall accidents are the primary cause of workers’ compensation claims.
  • Falls cause half of all accidental deaths at home.
  • The full extent of the medical expenses you incur, including emergency transportation and care; surgery and aftercare; doctor, specialist, and therapist care; ongoing and follow-up treatments; and prescription medications – to name a few
  • Lost hours and wages, which can include an altered career trajectory and a diminished earning capacity into your future
  • The pain and emotional suffering
  • Among all workers, ladder falls account for 20 percent of all injury-causing falls.
  • Among construction workers, about 81 percent of all fall injuries that lead to emergency room treatment are the result of ladder falls.
  • In one year alone, falls accounted for 34,000 nonfatal injuries treated in emergency departments
  • Ladders that are overloaded with weight
  • Ladders that are unsecured, or secured at unsafe angles, in unsafe locations, and/or on slippery surfaces
  • Ladders that have faulty or cluttered rungs
  • Ladders with broken locking devices
  • Workers who reach too far off their ladders
  • A total of 8,043 concussions were included in the study.
  • Per 100 athlete exposures (1 practice or one competition counted as 1 exposure).
  • The average yearly concussion rate calculated was 39.8 for every 100,000 athlete exposures.
  • From the time before the TBI laws went into effect through the time immediately after the laws went into effect and into the post-law period, significantly increased trends of reported new and recurrent concussion rates were identified.
  • After 2.6 years of the TBI laws going into effect, however, the study saw a decrease in the recurrent concussion rate.
  • Dizziness
  • Nausea
  • Headaches
  • Confusion
  • Issues with balance
  • From 2011 to 2016, fatal falls to a lower level increased by 26 percent.
  • In 2016, there were 697 fatal falls to a lower level.
  • Over the 6-year stretch from 2011 to 2016, there were 3,273 fatal falls to a lower level.
  • Most of the increase in these fatal falls are attributable to the private construction industry.
  • The most common falls in the years between 2011 and 2016 were from ladders.
  • You are covered by workers’ compensation even if you caused or contributed to the accident.
  • Workers’ compensation only covers your medical expenses, lost wages, and compensation for any sustained disability. Only a personal injury claim against a third party can cover your pain and suffering. For example, if the equipment you were working on was faultily manufactured, you may have a personal injury claim against the manufacturer.
  • Medical care to treat their injuries
  • Lost wages, if unable to work while recovering from an attack
  • Property damage
  • Pain and suffering
  • You are an innocent victim of a crime. If you are partly to blame, you might receive less money or no money at all.
  • You were physically injured in the crime. There are exceptions to this requirement for minors under age 18, anyone 60 or older, or anyone disabled.
  • Stop for a school bus that is flashing lights no matter what, even on divided highways. Under New York law, if you see flashing lights, you must stop for the school bus. This is true even if you are on the other side of a divided road from the school bus. Further, even if the children have exited the bus and appear to be in the clear, as long as the red flashing lights remain on, you cannot proceed.
  • Remain 20 feet away. You must stop your vehicle at least 20 feet from the bus. This is true whether you are in front of or behind the bus.
  • A bus driver can wave you past. A bus driver has the authority to wave you past the bus. Make sure that you have an affirmative approval from the bus driver before passing. If unsure, do not proceed.
  • More people admit to driving after drinking around the holidays.
  • More than a third of drunk driving deaths in December happen between Christmas and New Year’s.
  • In 2016, there were 781 traffic deaths related to drunk driving during December.
  • In 2017, there were 885 drunk-driving related deaths in December, a sharp increase.
  • If you feel comfortable confronting the person harassing you, tell the person to stop. Do it in front of others and make it clear what behavior you consider inappropriate or harassing. Don’t worry about being rude – someone who is harassing you at work is in line to receive a little rudeness.
  • Find out if your employer has a sexual harassment policy and know what it says. Most employers of any size have a written policy. It might be in the employee handbook or on the company website. Ask a supervisor for a copy if necessary. If the company has a written policy, follow the steps required by the policy; otherwise, talk to a supervisor about what you should do next under company policy.
  • Document the harassing behavior – write it down, including times, dates, locations, and the nature of the behavior. If the behavior includes visual displays – lewd cartoons, pin-up posters, wall calendars with scantily clad models and the like – take pictures.
  • File a complaint with your employer. If you actually have been sexually assaulted, call the police and file a criminal complaint. You also can file a complaint with the Equal Employment Opportunity Commission, the federal agency that investigates sexual harassment complaints.
  • The severity of the injury
  • How you respond to the treatment
  • The cost of treatment
  • The duration of your treatment
  • Pain and suffering, which covers physical pain and mental suffering
  • Disability
  • Disfigurement
  • Emotional distress
  • Loss of enjoyment of life
  • Traumatic Brain Injuries – Traumatic brain injuries can occur if a dog bites your head or you fall during an attack and hit your head with enough force. Traumatic brain injuries can leave victims with debilitating symptoms that can last for weeks or even months. In fact, in particularly severe cases, victims may even develop long-term or permanent disabilities.
  • Broken Bones – Dogs have extremely powerful jaws that can easily crush bones when they bite down. Broken bones can require surgery to correct and can leave victims with permanently disfigured limbs or extremities.
  • Nerve Damage – When a dog bites into your flesh, it has the potential to damage the nerves responsible for sensation and motor control. Importantly, nerve damage can be permanent and cause numbness, weakness, tingling, and other long-term complications.
  • Serious infections – Contrary to what you may have heard, dog’s mouths are not “cleaner than ours.” In reality, they harbor millions of bacteria that could potentially cause a serious infection. In fact, just recently a Wisconsin man had to have his limbs amputated after he developed complications from an infection he contracted from a dog lick – not even a bite!
  • Get the name of the dog owner and ask eyewitnesses for contact information.
  • Seek medical attention immediately. Many dogs are not up to date on their vaccinations, and it is critical that you start any necessary medical treatment immediately. In addition, seeking medical attention will result in the generation of an official record detailing your injuries, which can be used as evidence during any insurance or legal claim.
  • Do NOT accept any settlement offers made by the dog’s owner or his or her insurance company.
  • Retain an attorney as soon as you can.
  • If the Uber driver was not logged in, then you must make a claim on any liability insurance they have.
  • If the Uber driver was logged into the app but had not yet accepted a ride, then the driver has an insurance policy offering $50,000 per person for bodily injury, up to $100,000 per accident. The policy also provides $25,000 in property damage per accident.
  • If the Uber driver had accepted a request and was on their way to pick them up, or if they were in the act of transporting a customer, then much more insurance is available. The driver should have $1 million in coverage for all bodily injuries and property damage.
  • Health care bills within 45 days
  • Lost wage claims within 90 days
  • Insurance records
  • Police records and reports
  • Medical records
  • Driving records
  • Employment files
  • Photographs
  • Shoddy construction
  • Overloaded platforms
  • Loose fasteners holding scaffolding together
  • Improper, old, or inadequate scaffolding materials
  • Improperly anchoring scaffolding materials to the wall or failing to provide the necessary reinforcements
  • Interference of surrounding construction equipment with the scaffolding supports and beams
  • Job site scaffolding must be able to support at least four times the amount of the expected maximum load.
  • The construction company must immediately repair any damaged scaffolding on the construction site, and scaffolding may not be used until all repairs are made.
  • Scaffolding planks must always be tightly secured, and if not, must overlap by a minimum of 12 inches.
  • Moveable objects, including concrete blocks, cannot be used to hold down scaffolding.
  • Workers must be provided with an access ladder or some other means of safely accessing the scaffolding.
  • Workers may not perform construction work on outdoor scaffolding during inclement weather.
  • Cell phone use while behind the wheel, including texting and making phone calls while driving
  • Disciplining young children in the car – usually in the back seat
  • Roughhousing, fighting, or engaging in horseplay with passengers in the vehicle
  • Listening to loud music while driving
  • Medical expenses – In addition to recovering compensation for your past medical expenses related to your accident, you may also be able to recover damages for anticipated medical costs (i.e. future damages) – such as for a future surgery or other medical procedures.
  • Lost wages – Motorcycle accident victims can recover damages equivalent to all the time they missed from their job because of the accident. In serious cases, they may even be able to recover for future lost earning capacity. This is especially true if they have to change jobs – or entire careers – because of the injuries they suffered in an accident.
  • Pain and suffering – Injuries sustained in motorcycle accidents – along with the resulting medical treatment and therapy – can be very painful. Accident victims are entitled to recover damages for all of the pain, suffering, mental anguish, and inconvenience associated with their motorcycle accident.
  • Property damage – Accident victims may be able to recover monetary compensation for property damage sustained in the accident, including the costs of repair or replacement.
  • Monoplegia
  • Hemiplegia
  • Paraplegia
  • Tetraplegia
  • Always walk on the sidewalk and only walk on the street (facing traffic) if no sidewalk is available.
  • Always stop and look in both directions before crossing any street or intersection.
  • Do not text or make calls on a cell phone while walking and refrain from using headphones while walking.
  • Do not run out in front of a car – even if it appears to be parked.
  • Do not cross the street between vehicles
  • Always cross a street at an intersection
  • Always wear a tight-fitting bicycle helmet while riding.
  • Always operate bicycles in a bike lane if one is available.
  • Watch for open car doors and similar hazards on the roadway and in parking lots.
  • Always use the proper hand signals when making turns and when slowing down or stopping.
  • Wear brightly colored clothes.
  • New York State Education Department
  • New York State Governor’s Traffic Safety Committee
  • New York State School Bus Contractors Association
  • New York Association for Pupil Transportation
  • Many different state, county, city and local law enforcement departments
  • Representatives from student transportation
  • Of the injuries studied, 60 percent were closed fractures and 40 percent were open fractures.
  • Of the injuries studied, 67 percent were injuries of the lower extremities, 23 percent were of the upper extremities, and 10 percent were pelvic injuries.
  • The overall rate of postoperative infections was nine percent, but the rate of open fractures was 17 percent.
  • Overall, open fractures were also associated with higher nonunion and amputation rates.
  • Emergency transportation from the accident scene and emergency treatment
  • Medical care
  • Physical and emotional pain and suffering
  • Lost income
  • Lost quality of life
  • Fractures/bone dislocations: Many children will suffer a bone break in their childhood. Playground equipment offers plenty of situations in which a broken bone can occur.
  • Internal injuries: Internal injuries can mean a host of things, but most common is internal bleeding or damage to organs. If your child falls, it is important to get them checked for internal injuries. Often, these injuries do not present immediate symptoms, and if left untreated can be deadly.
  • Concussion: A concussion occurs when there is force or trauma to the head. They can occur on Long Island playgrounds when a child falls from an elevated surface. The symptoms can be mild and last several days. More severe cases may require hospitalization and even result in long-term or permanent damage.
  • Amputation: Playgrounds often have equipment that has mechanical parts. The parts move and have gaps. Small children's arm and legs can get caught in these spaces. Sometimes, such an accident can result in such severe limb damage that it needs to be amputated.
  • Defective Equipment: Companies design and sell playground equipment. Just like any product, playground equipment can have a manufacturer defect. These might not be immediately apparent. Product defects can result in a lawsuit.<
  • Equipment that is Improperly Installed: Someone is responsible for installing playground equipment. This includes the type of material on which it sits (e.g., rubber, mulch, concrete). It is possible that an injury can be caused by improper equipment installation.
  • Equipment that is Not Maintained: The owner of playground equipment is responsible for properly maintaining it. Over time equipment can break or deteriorate. Both time and weather can take a toll on playground equipment. No matter if it is the school, community, or private property (e.g., a homeowner association park) - if the owner fails to properly maintain the playground equipment they may be liable for your child's injuries.
  • Maintain (and check regularly) enclosures around swimming pools. Access should be restricted from young children.
  • Teach your children to swim and basic pool safety.
  • Make sure children are under adult supervision while in and around the pool.
  • Establish pool rules. For example, no running, no diving in shallow water, stay away from drains, etc.
  • Enforce the rules.
  • Check all pool equipment each season and make sure it complies with laws. In particular, watch for all drains and drain covers.
  • Have an emergency plan. Practice the plan.
  • Take a CPR and first aid course.
  • Teach children basic water safety.
  • Be strict about young children and certified life jacket use.
  • Have a safety plan for emergencies (meeting place, when to call 911, etc.) and practice these.
  • Teach children how to properly use pool toys.
  • Teach children that they should never swim alone. Always use the buddy system.
  • Discuss the effects of alcohol and drugs on swimming with teenagers
  • Teach the family how to use rescue equipment.
  • Personality changes (e.g., suddenly combative)
  • Increased anxiety
  • Consciousness altered
  • Memory processing problems
  • Trouble focusing or concentrating
  • Loss of motor control or balance
  • Sleeping problems
  • Failure to concentrate
  • Weakness in arms and legs
  • Falls (35%%)
  • Car accidents (17%%)
  • Being struck by something (16%%)
  • Physical assault (10%%)
  • Medical expenses, including emergency transportation and care, doctor and specialist care, aftercare, therapy, prescription medicines, and adaptive physical devices
  • Property damage
  • Lost wages due to lost hours at work
  • Lost earning potential
  • Physical and emotional pain and suffering
  • Drivers and vehicle occupants are four times more likely to become traffic fatalities over Memorial Day weekend than they are during any other non-holiday weekend.
  • In the years from 2011 through 2015, Memorial Day weekend experienced an average of 312 traffic fatalities a year – a higher average than any other holiday.
  • Leaving surgical instruments or sponges inside of a patient
  • Operating on the wrong body part
  • Operating on the wrong patient
  • Performing the wrong procedure
  • Failing to maintain a sterile field during surgery
  • Anesthesia errors
  • Damaging a nerve during surgery
  • Insufficient Training – In some cases, a surgeon may attempt a procedure that he or she has not performed before or for which he or she has inadequate training. When this occurs, patients can suffer serious injuries.
  • Improper Surgical Process – Surgeons may attempt to take shortcuts to save time during a procedure, putting patients at risk.
  • The Use of Drugs or Alcohol – The life of a surgeon can be extremely stressful, and the unfortunate reality is that some surgeons turn to drugs or alcohol as a way to cope. While it may seem impossible, sometimes surgeons perform surgeries while they are under the influence or are hungover or otherwise impaired.
  • Fatigue – Surgeons work long hours and may not get adequate rest. Fatigue has been shown to impair physical and cognitive performance, so when surgeons come to work tired, it puts the people they are operating on at risk.
  • Poor Communication – Performing a successful surgery requires communication between the surgeon and the other medical professionals involved. For example, a nurse may miscount the number of sponges that were used in a procedure or not confirm the number removed with another team member. Likewise, a surgeon may mark the wrong site for surgery and fail to double check with another team member. These failures to communicate can result in significant harm to patients.
  • Medical Expenses – Many surgical errors result in additional medical expenses. Consider, for example, if a sponge is left inside of a patient – it would require another surgery to remove.
  • Emotional Distress – Imaging the horror of waking up to find that a surgeon had performed the wrong procedure on you. Victims of surgical errors may be able to