Edelman & Edelman, P.C.New York Personal Injury Lawyers | Get Maximum Compensation2024-03-12T20:26:18Zhttps://www.edelmanpclaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201555/2020/09/cropped-fav-icon-32x32.jpgOn Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575602024-01-25T13:44:28Z2024-01-25T13:44:28ZComplex cases involving multiple parties
The nature of rideshare crashes in New York can be complex due to the involvement of multiple parties: the rideshare company, the driver and potentially other vehicles. When passengers are injured in these wrecks, they're often left navigating a confusing landscape of insurance and liability issues.
This situation is further complicated by the unique laws and regulations governing rideshare services in New York, which can differ significantly from those applied to private vehicles or traditional taxis.
Understanding liability and insurance
In rideshare crashes, determining liability is a critical step. New York's insurance regulations require rideshare companies to provide substantial insurance coverage for their drivers.
This coverage includes liability for passenger injuries, but the specifics can vary depending on whether the driver was actively on a trip or waiting for a ride request. Understanding these nuances is essential for injured passengers seeking compensation for their injuries.
Steps to take after a rideshare crash
Anyone involved in a rideshare crash should seek medical attention, even if their injuries seem minor, because some symptoms may not be immediately apparent. Documenting the incident is also crucial.
Take photos of the crash scene and damage if it’s safe.
Gather contact information from all parties involved.
Report the incident to the rideshare company through their app or website.
This documentation will be vital for any future claims or legal actions.
Any rideshare passenger who has been injured in a crash may choose to seek compensation. This is a relatively new area of law, so working with someone who stays abreast of the most up-to-date information about these claims is critical.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575592024-01-23T11:26:45Z2024-01-23T11:26:45ZUnderstanding the chemical concerns
While these components are commonly used in medical devices, the specific formulations in the affected machines raised concerns due to potential health risks associated with their degradation over time.
Polyurethane foam, when exposed to humidity and high temperatures, may break down and release harmful particles. This degradation could lead to the inhalation of these particles, posing risks to respiratory health. The recall aimed to mitigate these potential health hazards and protect patients from unintended consequences.
Philips’ response and resolution
Philips acted relatively swiftly in communicating the recall to users, emphasizing the importance of discontinuing the use of affected devices and seeking alternatives. The company provided detailed instructions on how users could register for replacement machines and outlined the steps to help ensure a seamless transition.
In addition, Philips implemented changes in the manufacturing process of their breathing machines. These changes aimed to eliminate the presence of the identified chemicals of concern, helping ensure that the replacement devices met stringent safety standards.
While this move aimed to ensure uninterrupted therapy, questions arose about the safety of these replacements, surprisingly concerning the presence of chemicals.
Questions about the replacement
Philips retained independent laboratories for the sole purpose of testing their replacements, only to find that the different foam used by the company also emits dangerous chemicals. The material that Philips fitted in the millions of replacement machines releases formaldehyde, a known carcinogen.
While Philips emphasizes the safety of its replacement CPAP machines, users need to be aware of potential health concerns related to chemical exposure. Understanding these concerns can empower individuals to make informed decisions about their respiratory therapy.
If you are a consumer who uses CPAP machines, being well-informed about their safety is paramount. Understanding the potential health concerns and adopting best practices for safe usage can empower individuals to make informed decisions concerning their respiratory health and their rights concerning defective products under the law.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575582024-01-18T23:17:39Z2024-01-18T23:17:39ZVision Zero in New York City
NYC embraced Vision Zero in 2014, implementing changes such as redesigned intersections, protected bike lanes and traffic calming measures. These alterations aim to create safer environments for all road users. Law enforcement initiatives, coupled with educational campaigns, form a crucial aspect of Vision Zero in NYC. Stricter penalties for traffic violations and educational programs target behavioral changes to enhance overall road safety.
While NYC has seen a decline in traffic fatalities since the inception of Vision Zero, challenges persist. Balancing the need for efficient traffic flow with safety measures remains an ongoing concern.
Vision Zero's influence on New Jersey
Inspired by NYC's success, New Jersey adopted Vision Zero principles with tailored strategies. This includes:
Implementing traffic calming measures
Enhancing crosswalk safety
Improving public transportation options
New Jersey understood from the beginning that Vision Zero's success hinges on community engagement, including involving residents in the decision-making process, as this fosters a sense of shared responsibility, encouraging compliance with safety measures.
Vision Zero stands as a beacon of innovation and commitment in the relentless pursuit of road safety. NYC and New Jersey's adoption of this transformative approach is a testament to its global relevance. As these regions continue to fine-tune their strategies, the collaborative efforts of communities, policymakers and traffic authorities promise a future where traffic fatalities may be nothing but a distant memory.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575512023-11-28T01:42:50Z2023-11-28T01:42:50Zthree-quarters of spinal cord injuries in people over 75 are caused by falls. Another found that those over 70 had triple the chances of dying after a “low-level” fall (from a standing or seated position) than those under 70.
Why are these statistics so grim?
There are a multitude of reasons why seniors are particularly at risk for suffering major consequences in the wake of a fall. For example, seniors:
More frequently require hospitalization and rehab, which increases their chances of getting a hospital-acquired infection (HAI)
Have frailer bones (particularly women), so they’re more likely to suffer serious fractures
Hip fractures can result in especially bad outcomes. You may have heard that one in three people over 50 who breaks a hip dies within the next year. That’s usually not a direct result of the fracture. It’s more often due to the changes in a person’s life after the injury. They often become less active and engage in less socialization. They become dependent on others. It’s easy to become depressed and hopeless.
Getting the care you need is essential
The prognosis of a fall doesn’t have to be dire. With good medical care and rehabilitation along with a strong support system, people can potentially heal without going into a downward physical and emotional spiral.
If you are an older adult and you’ve recently suffered a fall, don’t let a property owner tell you they’re not liable because a younger person wouldn’t have suffered such serious injuries. That’s irrelevant if another party’s negligence caused the injuries. Seeking legal guidance can help you protect your rights and get a fair settlement.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575422023-09-19T14:19:10Z2023-09-19T14:19:10ZOne danger compounds another
Space heaters and ovens are not designed for continuous, unattended use as heating sources. When left on for extended periods, they can overheat, malfunction or come into contact with flammable materials, leading to fires that can quickly get out of control. Furthermore, the improper use of gas ovens can result in carbon monoxide leaks, which is its own deadly threat.
However, that’s not the only issue. Landlords and business owners sometimes do things that end up making it impossible for people to easily escape a building in a crisis. For example:
Adding bars over the windows: These may help keep intruders out, but security measures shouldn’t compromise tenant safety. In a fire, bars over the windows could leave people trapped without the possibility of escape.
Removing fire escapes: Again, landlords sometimes do this to reduce break-ins (because it’s cheaper than adding security guards or cameras), but that can easily lead to a disaster in an emergency situation.
Poor smoke detector practices: Whether they have dead batteries, aren’t properly placed or are missing entirely, problems with a building’s smoke detectors can leave people without adequate warning that a fire has started.
Not maintaining fire doors: Fire doors play a crucial role in containing fires and preventing their spread. If these doors do not close properly or are faulty, they become a hazard rather than a safety feature.
If you've suffered injuries from burns or smoke inhalation due to negligent landlord practices during the winter, you may have grounds for a premise liability claim. Understanding more about the responsibilities of property owners and managers and your rights as a tenant can help you make informed decisions and to secure any compensation that you may be rightfully due.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575352023-08-31T13:52:53Z2023-08-31T13:52:53ZThe brain runs on electricity
What researchers know about how the brain functions makes it clear that electricity plays an important role. As electrical currents make their way through the brain, people experience sensations or recall information. The injury or scarring of the brain generated by a TBI may inhibit the typical flow of electricity in the brain, which could explain memory issues in some cases. Delivering an electrical pulse to the brain behind the ear at the time someone attempts to recall something can increase their memory function by as much as 20% according to early research.
Obviously, far more research is necessary to both validate the benefits of such treatment and to arrange for the timely delivery of an and electrical current when someone requires assistance with recalling information. In the future, however, there may be more options available to those struggling with the cognitive consequences of a TBI.
Getting the best treatment requires resources
For those with a TBI to secure cutting-edge treatments, significant financial resources are often necessary. Depending on the situation that led to a TBI, it may be possible for someone to file a personal injury lawsuit to help fund the costs of getting the best medical care possible.
Learning about care and treatment options can help people see the light at the end of the tunnel when recovering from a major brain injury and better evaluate settlement offers to determine if they are reasonable given their unique circumstances.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575322023-07-28T04:21:50Z2023-07-28T04:21:50ZOwners and contractors have strict liability
Long before workers' compensation was available in every state, New York enacted the Scaffold Law as a way to protect those contributing to the developing skyline. By creating financial and legal liability for those who hired construction workers to do jobs at a significant elevation, the state helped motivate property owners and business managers to prioritize worker safety.
Those that own a building and those contracted by a building's owner have liability for any gravity-related injury that occurs during a project. The owner or the company they contract should take reasonable steps to keep the workers safe. Obviously, that statute applies to falls from a significant elevation, which are responsible for 48% of construction worker fatalities. Such falls have always been more of an issue with certain businesses, like those that hire non-union workers. In fact, non-union construction sites accounted for 86% of construction worker deaths across the state in 2018.
The scaffold law opens up the possibility of civil litigation to recover personal losses in addition to any workers' compensation claim that an injured construction worker might pursue. Workers' compensation typically does not fully replace lost wages and future earning potential, which is one reason why litigation under the scaffold law is often necessary for those who have to change professions following work-related injuries.
Learning more about the unique New York laws that protect construction employees can help these professionals get the support they deserve after suffering an injury at work.
]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=575162023-07-06T12:51:54Z2023-07-06T12:51:54ZWhich borough receives the title depends on the criteria
Determining which borough is the most dangerous for cyclists can be a challenge. People tend to have different perspectives on which statistics are the most important. The two figures that people tend to focus on the most when analyzing safety in different areas are the rate of injury and the number of fatalities that occur.
When looking at a review of fatal collisions between cyclists and motor vehicles in 2021, there are two boroughs that could claim the ignoble title of most dangerous for cyclists. Based on traffic fatalities, Manhattan is the most dangerous borough, as six cyclists lost their lives there in 2021. Staten Island saw no cyclist deaths, while the Bronx, Brooklyn and Queens each saw three cyclist deaths.
In terms of injury risk, Brooklyn takes first place. There were 1,818 cyclist injuries reported in 2021 in Brooklyn. Manhattan had the second-highest number, with 1,320 injuries. Queens had 859 reported cyclist injuries, while the Bronx had 537. Staten Island was clearly the safest borough for cyclists in 2021, as there were only 84 reported injuries that year.
How can cyclists protect themselves?
It obviously isn't possible for those who work as bicycle delivery professionals or those who commute everywhere on their bicycles to simply avoid Manhattan and Brooklyn or to only ride in Staten Island. However, when cyclists do need to travel on roads in the more dangerous boroughs, they can adjust their habits to reflect their increased degree of risk.
Being more cautious about crossing intersections and approaching stopped vehicles in dangerous areas could protect someone from a collision or dooring incident that could result in severe consequences. Many crashes are the fault of the person in the motor vehicle, which means that the injured cyclist has the right to file an insurance claim or pursue a personal injury lawsuit to recover compensation for their losses.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=573392023-05-30T13:54:12Z2023-05-30T13:54:12Zhave the highest risk of any professionals when it comes to brain injuries.
Construction workers need to know that the possibility of a brain injury is one of the most pressing safety concerns on any worksite, as their careful adherence to safety rules could potentially save their life or lessen the impact of a brain injury suffered on the job.
Brain injuries are a leading cause of worker death
Traumatic brain injuries (TBIs) may occur because among hits their head when they fall or because something that falls strikes someone on the head. Even though workers should have safety harnesses and there are tethers that can secure supplies and tools, small mistakes can easily lead to life-altering TBIs.
Brain injuries caused by falls are responsible for roughly a quarter of all construction fatalities, and falls that lead to injury in construction workers account for 24% of all reported TBIs associated with a work injury. Even when a TBI isn't fatal, it may result in changes to someone's memory, personality, sense of balance or motor function that can prevent them from doing their jobs.
Therefore, construction workers should ensure they have the right safety equipment and practices in place for their protection on the job and should also know about their rights if they do get hurt. Typically, workers' compensation benefits can help cover someone's medical treatment expenses and can even provide disability benefits to help replace someone's lost wages.
Learning more about job risks and also the benefits that protect those in dangerous professions like construction may give workers and their loved ones more peace of mind about the risks associated with their profession.]]>On Behalf of Edelman & Edelman, P.C.https://www.edelmanpclaw.com/?p=573232023-05-25T00:11:23Z2023-05-24T18:10:18Zstruck by negligent motorists and suffering catastrophic injuries as a result. While every tragic collision involving an e-bike is different, one thing that is a factor in many cases is the lack of infrastructure keeping riders safe.
Where are e-bikers safe?
While New York and other cities have made progress improving bike safety, there is still a long way to go in this country compared to the Netherlands and other nations that take bicycle accident prevention seriously. Too many roads lack bike lanes. Where bike lanes do exist, they are often narrow and marked only by paint that is often faded. Most drivers do their best to watch out for e-bikes and respect their right of way, but a bike lane that is right next to the auto section of the road exposes riders to potential disaster. And with e-bikes capable of going faster than a pedal-only bike, the force impact is likely to be even stronger, raising the risk of permanent disability or death even higher.
Someday, e-bike riders might be at least as safe as everyone else on the road. For now, a rider might not be able to avoid severe injuries at the hands of a reckless driver. But they can fight for financial compensation for damages like the pain and suffering they have experienced, the wages lost due to being too hurt to work, and medical bills.]]>