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White Plains New York Personal Injury Law Blog

New York City Subway: Mother Falls to Death in Station with No Elevator

17432885_S_subway_stairs_NYC.jpgIn a recent accident, a young mother fell to her death in a Manhattan subway station.

The woman was pushing her 1-year old daughter in a stroller when she attempted to carry the baby with the stroller down the stairs. The subway station at Seventh Avenue and 52rd Street had no elevator to access the platform. The 22-year old mother was unconscious when emergency responders arrived, and she was later declared dead at the hospital.

Her daughter was conscious and treated at the scene, and later placed with family members.

At the time of this writing, the New York medical examiner has still not determined the cause of death in the absence of significant trauma. The victim may have had a pre-existing medical condition. Nevertheless, her death demonstrates the dangers of those subway stations that have no elevators for parents with babies or young children as well as for people with disabilities.

NTSB Frustrated with Delay in Inspection of Limo Involved in Deadly Schoharie Accident

78080181_S_car_accident_inspection_damage_vehicle_woman_claim.jpgIt has been four months since the fatal limousine accident that killed 20 people. And while investigations are ongoing, the federal probe led by the National Transportation Safety Board (NTSB) has been unable to examine the vehicle itself.

According to the NTSB, local prosecutors have claimed priority as they work through their criminal case against the limousine service company's operator. The wrecked limo involved in the accident is stored under a police tent near Albany but NTSB investigators are prohibited from getting closer than 15 feet.

Workplace Accident: Worker Dies at Cheese Factory in Rockland County

33361089_S_ambulance_first_responder_road_driving.jpgA 41-year old cheese factory worker was recently killed at work when he apparently fell into a mixing machine. The ICCO Cheese Co. manufactures grated cheeses and bread crumbs in Orangeburg, Rockland County.

According to police, the male employee was at his assigned work station when the incident occurred. There are no cameras at the business that may have recorded this workplace accident. The Occupational Safety and Health Administration (OSHA) reported to the scene as well as EMS personnel. At this time, police believe the victim's death to be accidental.

If negligence caused this worker's death, his family may be eligible to pursue a wrongful death claim. This action may help provide compensation to cover burial and funeral expenses as well as loss of income, loss of companionship and even punitive damages for extreme carelessness.

Medical Malpractice: How Harmful Is a Medical Misdiagnosis?

14540858_M_surgery_Doctors_Surgery Room.jpgWe all trust our doctors and surgeons and believe that they will accurately diagnose our medical conditions based on their experience and expertise. These critical diagnoses will determine a course of treatment. But what if the diagnosis is wrong?

Misdiagnosing an illness or injury is a type of medical malpractice. Medical malpractice is negligence by a physician or other health care provider where treatment was inferior and resulted in harm or injury to the patient, or even death.

Medical malpractice is a growing problem in the U.S., with more than 61,000 cases in 2016 that resulted in more than $3.6 billion in payouts (data from the National Practitioner Data Bank).

Medical Misdiagnosis - The Most Common Cause of Malpractice Complaints

A misdiagnosed condition, or a case where a doctor fails to diagnose a condition, may cause a patient to miss treatment that may have prevented serious harm and even death. Misdiagnosing a patient's health problem can also lead to harmful and incorrectly-prescribed treatments.

Celiac disease, Chronic Fatigue Syndrome, Fibromyalgia, Lyme disease, Lupus and Multiple Sclerosis are examples of commonly misdiagnosed conditions.

What Are the Symptoms of Brain Injury in a Vehicle Accident?

30731112_S_brain_head_injury_bandage.jpgDid you know that car accidents cause more than 50% of all traumatic brain injuries (TBIs) in the U.S.? A TBI may result if the head is subjected to a jolt or blow from blunt trauma or from a penetrating object.

Any strong blow to the head can cause the brain to move back and forth, striking the inside of the skull. This movement can cause bruising and bleeding of the brain as well as tearing of the nerve fibers. The skull may be fractured, but not always.

Product Safety: Defective Product Recalls

38248826_S_pills_medicine_prescription_bottle (002).jpgEvery day we choose and purchase products, relying on federal law and industry standards to ensure that they are safe to use and that their package labeling is compliant with all health and safety warnings. Sadly, that is not always the case.

All too often, products that we use every day and depend on can harm us and cause serious injuries. When an individual suffers injury from a defective product, he may face significant medical care and financial issues. Whether health and beauty products, food and medications, clothing, toys and baby equipment, consumers expect that purchased products and services will not harm us or our family.

Product manufacturers have a responsibility to ensure that their products are safe to use when the directions are followed. An important component of this safety is clear directions as to how to use it properly and for whom it is intended.

Elderly Man with Dementia Allegedly Causes Wrong-Way Accident on Long Island

14025900_S_Car_Accident_Wreak (002).jpgWrong-way accidents are not that common - the National Transportation Safety Board (NTSB) reports that they represent 3% of all motor vehicle accidents. However, they are the leading type of crash to result in a fatality.

These types of accidents are usually head-on collisions which cause significant injuries, property damage, and deaths. Wrong-way driving occurs when a driver operates their car or other vehicle in the opposite direction of travel on a highway and then crashes into a car traveling in the correct direction.

A Man with Dementia Seriously Injured in Wrong-Way Accident

In a recent accident, an 82-year old man with dementia who had been reported missing from New Britain, CT drove his car north on the southbound lanes of the Wantagh State Parkway. His vehicle crashed head-on into another car and then a third car crashed into these two vehicles.

The wrong-way driver was hospitalized and is in critical condition. The other drivers suffered minor injuries.

Although the driver suffers from dementia, he still holds a valid driver's license.

Brooklyn Road Rage Incident Results in Death of Off-Duty FDNY Firefighter

33131347_S_Crash_Auto_Accident.jpgRoad rage is blamed in the recent death of an off-duty New York City firefighter. The victim was involved in a minor car accident on the Belt Parkway near the Verrazzano Bridge. When he pulled over to the side of the road, the second driver allegedly attacked him, stuck him in the head with a heavy object and fled the scene. The 33-year old victim's death was ruled a homicide, with the cause of death determined to be blunt force trauma of the head.

U.S. Marshals and members of the New York Police Department tracked down the second driver and arrested him. Murder charges are pending the outcome of an extradition hearing.

Nursing Home Falls Are Warning Signs of Neglect

55290731_S_senior_citizen_nursing_home_nurse.jpgWe place our loved ones in nursing homes and other assisted care facilities with the expectation that they will receive professional and compassionate care. The last thing we would want for them is that they would experience abuse or neglect at the hands of these caregivers.

But in many facilities, that is exactly what happens all too often. Many nursing home citations for violating established federal standards for safety and care stem from neglect and abuse that result in resident illness and unnecessary accidents, and even death.

Our Top 8 Tips for Holiday Air Travel

2594469_1920_M_Traveling_Airplane_Inside Plane_passenger_sitting in a plane_isle_flight.jpgIf the December holidays follow the trend of this year's Thanksgiving weekend in terms of holiday travelers, then U.S. roads, rails and air space will experience a 5% increase over last year.

Holiday travelers are enjoying higher wages, more disposable income and stable fuel prices, according to the Automobile Club of America. The largest growth in holiday travel is by air.

Plan Carefully for Air Travel

Seasoned travelers prepare well in advance and leave ample extra time to check-in to their flight and to go through security screening. It can be frustrating, then, to be delayed by those travelers who don't fly very often, maybe even once a year for the holidays.

Smart travelers will pack carefully and follow TSA rules for both carry-on and checked bags. Leave plenty of time to get to the airport - plan on arriving at least 2 hours before your domestic flight and 3 hours before an international flight, although checking with your airline is best. Remember that bad weather can create unavoidable delays.

  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

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