Rapes & Assaults in NYC Apartment Buildings

Accidents are never a pleasant experience, but little can be as frightening or leave as indelible a traumatic scar as having faced an assault, or even worse, a rape, especially where you live.

If this should occur on the street or in your private home, there may be little recourse for you in any attempt to recover financial compensation. Unless there are truly extraordinary circumstances (for which an experienced personal injury attorney should be consulted) the likelihood of recovering money compensation is slight, if it exists at all.

In the event the attack occurred in an apartment building where you reside, then there may well be grounds for you to seek monetary compensation for many of the consequences that flow from the attack. If the landlord of the building allowed conditions to exist which made the act of the criminal more likely to occur, then the landlord may be held accountable.

The most common failure on the part of the landlord involves building security. It can involve something as simple a broken door lock, or perhaps an inoperable intercom system. Perhaps the front doors of the building operate perfectly, but a rear door or the door to the roof are left open. Any item that increases the ability of a criminal to enter the building, and thereby perpetrate the violent act, can very possibly subject the landlord to a lawsuit.

With this in mind, it would not be the landlord’s responsibility if another tenant, or any other person with legitimate access to the building, were the person who committed the crime. It would also be necessary to show that any deficiency in building security was known to the landlord, or existed for such a long period of time that the landlord should have known of the deficiency.

The issue of whether a landlord is or is not responsible is of overriding importance and must be discussed with an experienced attorney to be certain the victim in such a terrible crime receives any and all appropriate compensation . Do NOT leave it to guess work!

Categories:

Can an “Undocumented (“Illegal”) Alien recover for an injury?

Should  an  “undocumented  alien”  bother to bring a lawsuit should  he/she be injured?

It is clear that millions of persons in our American workforce are present in the United States without proper documentation. As any other worker, these individuals are subject to dangers in both the workplace and in pursuit of their everyday lives.

If any person institutes a lawsuit, there are several areas of loss that go into determining the “damages” that resulted from that injury. The major areas are “pain and suffering”, out of pocket expenses such as medical expenses and often, most significantly, loss of income, past and future.

To begin with anyone, documented or not, may bring a lawsuit. The status of an individual in New York is not relevant at all when referring to “pain and suffering” or “out of pocket” expenses. The fact that someone is “undocumented” does not in any way disqualify that person from bringing a lawsuit, whether work related or otherwise.

The difficulty arises with respect to past and future wages and income lost by that person . The argument was presented that if someone is theoretically disqualified from working because they do not have the proper documentation, then how can that person make any claim for wages lost as a result of an accident that prevents them from working.

The question is a valid one. Those arguing against permitting the recovery of lost wages say that to permit recovery would undermine the immigration policies of the United States since it would encourage aliens to continue to enter the United States, even without proper documentation, and enter our workforce.

New York’s highest court, the Court of Appeals, on Feruary 21, 2006, decided that undocumented aliens COULD NOT BE BARRED from recovering lost wages in a lawsuit. The court said that to do otherwise would only reward employers for hiring undocumented aliens and would actually encourage employers to hire more undocumented aliens.

One big warning: If it can be shown that the injured employee obtained their job through deception and fraud, then that person will not be able to obtain their lost wages. This makes sense because the employer, when hiring the employee, thought the person was “legal” and only hired him/her because of the fraud. There was no intent by the employer to reap a benefit from hiring an undocumented alien.

Whether you are “undocumented” or not, it is very important to contact a competent injury attorney with experience in dealing in these matters, as soon as possible, in order to protect all your rights and interests.

Posted by New York Injury Attorney Steve Orlow

Categories:

New York Elevator Accident

In most big cities, elevators are essential to navigating the large buildings in which people work and live. In New York, elevators are subject to inspection (as they are throughout the United States). Every one of the 59,000 elevators in New York City, including several thousand in Brooklyn, has to be checked out by state-certified inspectors.

Elevators are an eternal symbol of New York City. In 1857, the first passenger elevator was installed in the Haughwout Building on Broadway between 48th and 49th Street. Today, in this area filled with block after block of skyscrapers and high-rise buildings, any building over four floors is required by law to have an elevator system. In total, there are more than 59,000 elevators in the city of New York.

In the state of New York, this procedure must be performed every five years. During this process, elevators must pass strict guidelines for operation and safety. Each elevator must display a certificate of inspection to prove that it is safe to use and in good working condition. When these procedures are not adhered to properly, an elevator user must be wary of dangerous conditions that could lead to a life-threatening accident.

The chance of being in an elevator accident is very rare and when it does occur the injuries can be sever and the cause can often be negligence. If you or a loved one has been in an accident contact a personal injury attorney immediately, even if the company offers you a large dollar amount it probably is way less that you will need to cover medical and future bills.

Categories:

New York City Construction Accident

In recent years, there have been millions of injuries on construction sites throughout the United States. While these can range from a small bruise to a fatality, the numbers are staggering: one in 10 construction workers will be injured on the job this year. That’s more than 400,000 men and women a year, thousands of whom live and work in NYC.

The most common accident is a fall, but burns and cuts are common, as well as injuries to legs, arms, and hands. On average, there are more than 11,000 disabling injuries every single hour of each workday in the US, with many of these occurring on NYC work sites. To protect yourself and your rights, it is vital, then, to have able New York injury attorneys on your accident case.

10 percent of construction workers in NYC get hurt on the job every year. Ironworkers are said to be especially at risk, primarily for burn injuries.

Fortunately, there’s a light at the end of the tunnel: even if you are already receiving workers’ comp benefits, you may still be entitled to more money for your injuries. Often, third parties are partially responsible for accidents caused on a construction site. These third parties could include equipment manufacturers or even coworkers. In any case, the settlement you might receive from such a suit could be exponentially greater than your workers’ comp benefits.

Categories:

Who is at Fault for an Accident?

Comparative Negligence

How is responsibility for an accident determined?

When someone involved in an accident relates how the accident happened, most times they attribute the “fault” for the accident to the other party.   “He was speeding while I made the left turn”; “he had the red light “, “the bulb was out on the stairway”; in each instance the presumption being that another person was the cause of the accident, and therefore the other person was “at fault”.
For those of us dealing with accidents every day, we have come to expect “two sides to every story”.   This does not necessarily mean someone is lying.  It very often means that two people just see things differently.   Police will tell you that witnesses to the very same occurrence will often see different, if not contradictory, aspects of the same event.  That is human nature.
Except for the rare situation where identifying where fault lays–for example a “rear end” auto collision–where the car being hit squarely in the rear is virtually never held to have any fault whatsoever–most cases have some apportionment of fault..  If a case goes to trial and there is a jury, then the jury will be asked to decide to what extent each party is at fault for the accident.  The jury, based on the evidence presented, can decide any combination of responsibility from 0% for one party and 100% for the other, or any percentage breakdown in between.  The jury is determining the “LIABILITY” of each party.
In the event the matter is settled before there is a trial, then the lawyers for each of the parties will have to agree on the percentage of “LIABILITY” of each party before they can reach a settlement.
The lawyers, or the jury, are comparing the negligence, or fault, of each party.  New York has a “COMPARATIVE NEGLIGENCE” system.   The negligence, or fault, of each party is apportioned.   Then, when the parties, through their lawyers, or the jury, decide how much the injury sustained by the injured party is worth, they can decide exactly how much the injured party actually will receive.  If, for example, it is determined that the fractured ankle suffered by the driver of a vehicle is  “worth” $100,000, and it is decided that the driver was himself 50% responsible, then the driver will only receive $50,000, and not the full $100,000.
Negotiating the settlement of a personal injury lawsuit is, more often than not, as important as being able to successfully take a case to trial.  As personal injury attorneys will tell you, the vast majority of lawsuits are settled before the completion of a trial.   Negotiations are crucial to obtaining a result with which the client will be satisfied and which will fairly and adequately compensate the client for his or her injury.   There is no substitute for experience and, if possible, references by previously satisfied clients, when choosing an injury attorney to represent you.

Posted by New York Accident Injury Attorney Steve Orlow

Categories:

Stop and Frisk – Common NY Police practice but is it legal?

The NY Times has a recent article about the New York police being on pace to make a record number of stops. In the article, they discuss “Stop & Frisk“. We’d like to provide you with some additional information about stop and frisk and when it may or may not be done legally.

  • What is “STOP & FRISK”?
  • Is “STOP & FRISK”  legal?
  • What are your rights?

The New York City Police Department is required to inform the City
Council of the number of “STOP & FRISK” occurrences pursuant to a law passed
in 2001 that followed the tragic shooting of an immigrant who was killed.. In
New York City alone, for the three month period of January, 2009 through
March, 2009, there were over 170,000 “Stop & Frisk” events!

“STOP & FRISK” is a term utilized by police departments throughout the
United States to describe an activity whereby police will approach an individual
on the street.   The approach by the police officer may seem to be a random act to
the person being approached.  If, however, the procedure is being performed
properly by the police officer, then the act is done for one of a variety of very
specific, and lawful, reasons:

  • The subject being stopped  resembles a suspect in a crime that was committed.
  • The subject is thought to be about to commit a crime based on reasonable suspicion.
  • The subject may have recently committed a crime (running from the scene of a crime).
  • The subject is thought to be carrying an illegal weapon or drugs based on reasonable suspicion.

Under any of these circumstances, a police officer is entitled to ask an individual
for his identification and even to make further inquiries. If the circumstances
warrant, as noted above, the police officer may even perform an appropriate (and
limited) “frisk”, or search, of the individual to ascertain if the suspicions were
justified.

Truthfully stated, “STOP & FRISK” performed by New York City police
officers is probably a major reason that New York City has the lowest crime rate
of any big city in the United States. Nevertheless, this certainly does not justify
an improper, unreasonable and unjustified “STOP & FRISK” on an individual
who does not fall into any of the categories justifying such an action. All too
often, experience has shown, that “Stop & Frisk” is utilized by officers on a
random and haphazard basis without the slightest regard for proper adherence to
rules, regulations or laws.

It is often the case, when innocent and honest individuals are stopped “for
no reason” by police officers, that matters tend to escalate. Police tend to expect
certain levels of respect by those they approach. They expect to be responded to,
and not to have to respond to inquires. “Attitudes” can flare up both on the part
of the subject approached, and on the part of the police officer. This is where
matters all too often lead to results that eventually require the services of an
attorney well schooled in the area of Police Misconduct.

Posted by: New York Injury Attorney Steve Orlow

Categories:

Foster Care Abuse

It is a sad fact that so many of the children in the foster care system are victims of physical and sexual abuse.  Children who are in the foster care system are there in the first place because they either have no parents, or their natural parents have failed them.  These children are probably the most vulnerable members of our society and in the greatest need of our care and protection. It is, therefore, that much more of a tragedy when such a child is abused in a foster home.  The government places the responsibility of caring for these children in the hands of the Foster Care Agencies.  The Foster Care Agency then finds an appropriate foster home for the child and places them there to live temporarily, until the child can move on; either moving back with the natural parent, getting adopted, etc. It is the responsibility of the Foster Care Agency to make sure the home the child is placed in is suitable and safe, and that the foster parents are people who will treat the children appropriately.  It is also the responsibility of the Foster Care Agency to closely monitor the children while they remain in the foster home.  This is no easy task, but it is crucial for the wellbeing of the foster child. After all, if there is something improper going on in the home there is nobody else in the world who that child can turn to for help; there is no one else who is responsible for that child other than the Foster Care Agency.  Once the abuse does take place, of course the effects of that abuse usually stay with the victim for a lifetime. For any person who was the victim of abuse in a foster home, even if the abuse took place many years ago, it is important to contact an attorney who represents abuse victims and can investigate whether the Foster Care Agency conducted a proper placement in the home and properly supervised the parents and the child while in the home.

Statements by Adam Orlow, Esq. as quoted in “Suite 101 On-line Magazine:
Abuse in foster homes is a serious problem. Adam Orlow, Esq., is a New York City attorney who has almost five years of experience helping former foster children seek compensation. He passionately believes that when children are placed into care, they need a foster home that is adequate and safe. He says that the screening process for foster parents must be tighter.

Adam Orlow further stated, “Case workers need greater supervision, preferably by an independent body.” He also recommends that in addition to closely monitoring the case workers, having the workers conduct unscheduled visits to foster homes is essential. Orlow adds, “Too many times there is a lack of supervision.” Read more…

Posted by New York Personal Injury Attorney Adam Orlow

Categories:

Car Insurance – Facts No One Tells You!

Auto Insurance Facts that No One Will Tell You That you SHOULD Know!

Uninsured Motorist Coverage * Underinsured Motorist Coverage * Spousal Insurance

In New York State, as in every other state, it is illegal to drive a vehicle without proper insurance coverage.  Insurance serves to protect you, and those driving with you, as well as strangers with whom you may be in an accident at some time.

New York State requires a minimum “liability” coverage of $25,000 for privately used passenger vehicles.  This is the coverage you have in case you are sued by others because of an automobile accident.In purchasing automobile insurance, you will also automatically receive “No-Fault” coverage for certain expenses you may incur in any car accident.

These include payments for medical treatment and lost wages.   It is referred to as “No-Fault” payments because the “victim” in an car accident will be paid these benefits regardless of whether that person was or was not at fault for the accident.  Those benefits are paid regardless of  fault, and for an injured vehicle occupant, the insurance company of the vehicle in which that person was riding is the company that pays those benefits.

There are other coverages available when you order automobile insurance that you should know about.   These are most often not explained to you when you order your insurance and may be the most important of all.

First of all, you should be aware of the fact that you have the option of raising the limits of both your “liability” coverage and your “No-Fault” coverage.   If you can afford to do so, you probably should .   First, it will protect you and your assets to a greater extent if you are unfortunately involved in an auto accident and are sued.   Second, it will cover your medical expenses and lost wages to a much greater degree if you are seriously injured in that accident.

Most importantly, greater liability coverage will allow you to purchase greater amounts of both “Uninsured Motorist” insurance and “Supplemental Underinsured Motorist” insurance, the importance of both of which cannot be stressed strongly enough.

“Uninsured Motorist” insurance will cover you, or the occupants of your vehicle, up to the limit of your coverage, in the event the automobile with which you had an accident had NO insurance at all.  Accidents with uninsured vehicles happen with some frequency, and then “Uninsured Motorist” coverage on your own vehicle compensates you and the occupants of your vehicle for “pain and suffering” which would not otherwise be available.   “Uninsured Motorist” coverage is part of every auto policy, but increased amounts over the basic $25,000 offered is only available if you first purchase “liability” coverage over the required $25,000 minimum.

Supplemental Underinsured” motorist coverage may be the most important of all.  It is rarely mentioned by insurance salespeople–it is surprisingly cheap and they do not realize much profit from its sale.   This coverage becomes vital when you are unfortunately involved in a serious accident and you or the occupants of your vehicle are very seriously injured–and the accident was not your fault.   If the other vehicle, which was at fault, has insurance, BUT it is only a modest amount, it will probably not be nearly enough to adequately compensate you, or any other seriously injured person in your vehicle, for the pain and suffering they have gone through.   In that event, you and the other injured party or parties can simply turn to the “Supplemental Underinsured Motorist” coverage of your own auto policy to make up some or all of the  difference.

One last very recent addition to available insurance coverage in New York is “Spousal Insurance”.   This is important when you realize that, if you are married, there is no one with whom you drive more often than your spouse.   The rule has always been that one spouse may not sue the other.  While you could sue a parent, a child, a sibling, you could not sue a spouse.  If you were driving with your spouse and the driving spouse caused an accident, there was no available way to seek an award for pain and suffering.  That has now changed.  You can request “Spousal Insurance”.  This, too, is not very costly, and could be invaluable.   It should certainly be looked into and seriously considered.

Unfortunately, most people do not realize the shortcomings of the car insurance coverage they have until it is too late–until after they are involved in an accident.  Everyone would be well advised to review, very carefully, with a knowledgeable person, either a trusted insurance broker or an injury attorney well versed in automobile matters, the coverage they currently have to determine its adequacy.

Categories:

New York Workers’ Compensation for "On the Job" Injuries

The law in New York, and in many states, prohibits an employee from suing either their employer or a fellow worker for any incident that may have harmed that employee during the course of his employment.    The idea behind this is basically to promote harmony and efficiency in the workplace which would soon disappear if workers and employers were suing each other.    To protect the harmed worker, a system of “Workers’ Compensation’ has been created.

Workers Compensation assures employees that in the event they are injured “on the job,” then they will be fairly reimbursed for both their medical expenses and for their lost wages.   This is totally regardless of who, or even if anyone, was at fault for the injury.   Both the medical payments and any other money award to the worker goes according to a fixed schedule.   Special judges and boards decide if and how much to award.

Employers are responsible for carrying workers’ compensation insurance. A worker should realize that if an employer failed to carry workers’ compensation insurance for any reason, the workers will still be covered.  The worker should report the accident to the workers compensation authorities. They will see to it that the worker is covered and deal with the employer appropriately through back charging the employer and adding possible penalties or in utilizing a special fund to cover uninsured workers.

It is to your advantage to consult with an attorney that concentrates his practice in the area of workers compensation in order to be assured that you will get the maximum benefit out of a system that can be somewhat confusing for the average person.   The fee paid to a workers’ compensation attorney in New York will not come out of your pocket but will be awarded by the Workers’ Compensation Board.

Categories:

Third Party Cases in Workers’ Compensation Matters

Injured “On the Job” by Other Than a Co-Worker

What happens if an employee gets injured on the job and someone other than that employee’s employer or co-worker is at fault?   This may happen, for example, if an employee is on his or her way to a meeting and gets into an auto accident.   It may happen if a worker is on a construction site and is injured because of the careless act of someone working for another subcontractor.

In such an event the employee actually gets two shots at the apple !  First, he or she is entitled to any and all workers’ compensation benefits that are available.   But even beyond that, the employee may also bring a regular lawsuit against the party that caused and was legally responsible for the accident.   So while the employee will get their workers’ compensation, the employee may successfully obtain a settlement or judgment based on the pain and suffering experienced by the worker as a result of the accident.   Much more often than not, the award resulting from litigation (suing) is greater (and many times much greater) than the compensation received through workers’ compensation.  It is really a “no lose” proposition for the employee.

NOTE, however that in the event workers compensation has given the employee an award and paid medical expenses and the employee then successfully recovers money in a lawsuit, the Workers’ Compensation Board will expect to be paid back much, if not all, of the amount it paid to the worker out of that amount recovered in the lawsuit. The worker will be left with the leftover amount from the lawsuit. However, he will  already have received the workers’ compensation award and have had his medical expenses paid.  So he has those amounts, and now he also has the “extra” amount received as a result of his lawsuit. Again, this presents a “no lose” situation for the worker.

As you might expect, this can be an area that is both difficult at times to understand and to navigate.  It is absolutely imperative that an injured worker contact a knowledgeable attorney as soon as possible to see that his or her best interests are protected.

CAUTION: Even if you think no “third party” is involved and that you are only dealing with fellow workers and an employer.  This may not be the case.   Examples may be maintenance workers that are employed through an outside company, or business trucks that are rented and therefore may make rental companies liable!  Always speak to a qualified workers’ compensation attorney if you are injured “on the job”!

Downstate New York District Workers Compensation Offices

Brooklyn District (NYC)

Counties serviced: Kings, Richmond

Edward M. Joyce, JR. – District Administrator

Tom Agostino-District Manager

1-800-877-1373

Fax- 718-802-6642

111 Livingston Street

Brooklyn, NY 11201
Hauppauge District

Counties Serviced: Suffolk

Karen Dawidziak-District Administrator

Robert F. Williams-District Manager

1866-681-5354

Fax: 631-952-7966
Hempstead District (Long Island)

Counties Serviced: Nassau

Alan Landman: District Administrator

Alan Gotlinsky-District Manager

1866-805-3630

Fax: 516-560-7807

175 Fulton Avenue

Hempstead, NY 11550
Manhattan District

Counties Serviced: Bronx, New York

Frank Vernuccio-District Administrator

Joann Shelton-District Manager

1800-877-1373

215 West 125th Street

New York, NY 10027
Queens District

Counties Serviced: Queens

Wayne D. Allen-District Administrator

Carl Gabbidon-District Manager

1800-877-1373

Fax 718-291-7248

168-46 91st Avenue

Jamaica, NY 11432

Categories: