Long Island Personal Injury Lawyer & Attorney : Cassisi & Cassisi Law Firm : Car Accidents, Construction Injuries : New York City Metro Area

You have everything to gain and nothing to lose by filing a No Fault claim if you are in a motor vehicle accident. Many people in states that have “No Fault” insurance laws are confused by the laws and may think that they do not have the right to recover for medical bills or loss of wages incurred because of injuries sustained in an accident because of injuries sustained in an accident when they are the driver of the car. “No Fault” insurance laws do not mean that victims of motor vehicle accidents do not have rights. 

“No Fault” means that the insurance company covering the car in which the injured party was travelling in is the insurance company that covers the medical bills or loss wages of the injured party – irrespective if they are at fault.  However, protecting your rights to have medical or economic coverage if you are in a motor vehicle accident is very important and requires that you take legal action by filing a No Fault Application WITHIN 30 DAYS OF THE ACCDIENT and a Notice of Intent to make claim against the Supplement Underinsured/Uninsured coverage provisions of the policy covering the host vehicle as well as any policy covering any household vechicles within 90 days of the accident. 

We recommend that you contact an attorney after an accident and have the proper notices and applications served to protect your rights for payment of medical bills and economic recovery in the future. If it turns out that you do not suffer financially, protecting your rights – just in case – is important. It is not the Insurance Company’s responsibility to make you aware of your rights in the event of an accident.   It's your resposibility to know what your rights are and what you have to do to protect them.

If you are injured in a motor vehicle accident, you may be entitled to compensation for your economic losses such as medical expenses and/or lost wages.   Consult with us to find out for sure.

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If you have been injured by a faulty medical device – whether a stent, implanted defibulator or artificial knee – you may be entitled to compensation. On February 20, 2007, the Supreme Court affirmed the Second Circuit decision in Riegel v. Medtronic, Inc., baring patients injured by defective medical devices from suing if the medical device that caused the injury was approved for marketing by the F.D.A. and made to the agency’s specifications. 

However, there may still be a compensatory cause of action and we believe injured patients should pursue their right to compensation. While one party involved in bringing the medical device to market may not bear the burden for damages, another may and patients need to know their rights. Being able to sue for damages caused by the poor manufacture and/or use of a medical device applies pressure on companies to ensure that their products are safe and to quickly remove them from the market should unexpected dangers occur.

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Thousands of nursing home residents are injured or die each year. Why? Many nursing homes are focused more on achieving higher profits at the expense of sufficient care for their residents. 

Not only is it reasonable to expect your loved one to be properly treated and cared for in their golden years, it is law. 

Nursing home abuse, negligence, and neglect may result in any one of these results:

• Bedsores
• Broken bones
• Malnutrition
• Physical abuse
• Verbal abuse
• Slip and fall injuries
• Use of restraints for discipline or convenience
• Malpractice on the part of doctors, nurses, nursing assistants, therapists, and/or administrators

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Millions of Americans suffer brain injuries each year and thousands are left permanently disabled. The disabilities are physical, cognitive, behavioral, and/or emotional in nature.

There are two types of brain injury that can have permanent and devastating effects and can even lead to death: traumatic brain injury and acquired brain injury.

When there is an external blow to the head with some type of force, traumatic brain injury (TBI) can result. A few of the common causes of TBI are auto accidents; firearm accidents; premises liability accidents; and accidents incurred playing active sports such as rollerblading, hockey, and basketball. TBI may also result from incidents where the head is violently shaken or there is a blow to the skull. Shaken baby syndrome and high-speed auto accidents are two very common causes of TBI.

There are three levels of TBI: mild, moderate, and severe. A mild traumatic brain injury is classified as a brief loss of consciousness. A moderate traumatic brain injury is characterized by loss of consciousness that lasts from a few minutes to a few hours, with the resulting impairment of motor skills ranging from several weeks to permanent. A severe traumatic brain injury involves an extended unconscious state or coma (this may range from days to years).

When there is a disruption in the oxygen flow to the brain, this is referred to as an acquired brain injury (ABI). ABIs often result from stroke, aneurysm, heart attack, tumors, infectious disease, airway obstruction, crushing injuries to the chest, drug abuse, infectious disease, and/or meningitis. Additionally, reckless conduct on the part of a second party, including medical malpractice and medical negligence, can cause ABI. ABIs can affect reasoning skills and cognitive thought patterns, and may cause lapses in memory and reduced physical and mental abilities, along with several other traits and impaired body functions.

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Here are some questions to ask if you are involved in a slip and fall accident. 

• If you slipped on a spill in a mall, was it there long enough that the property owner should have been aware of it?
• Is there a standard cleaning/maintenance schedule for the premises? If so, can the property owner show proof that the policy exists?
• If, for example, you tripped over a stack of boxes beside a shelf in a grocery store, was there a good reason for the boxes to have been there? Could they have been safely and conveniently placed elsewhere or should a proper barrier or warning sign have been set up?
• Was the slip and fall accident caused, at least in part, by poor or dim lighting?
• Did you have a valid excuse for being at the site of the slip and fall accident?
• Were you paying full attention at the time of the slip and fall accident?
• Was the area properly labeled?
• Would a reasonable person have been able to avoid the slip and fall accident?

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Under dram shop liability laws, a party injured by an intoxicated person can sue establishments contributing to that person’s intoxication. The term "dram shop" was derived from 18th century English taverns that sold gin by the spoonful, called a dram. Dram shop laws are established by each state. Click here for information about NY State liquor liability law. 

Dram shop laws can apply to:

•  bars
• iquor stores
• restaurants
• social clubs and private events where liquor is served

The laws also include prohibitions against selling liquor without a license, selling liquor after hours, and selling liquor to minors. For example, if a person has several alcoholic drinks at a restaurant or bar and is visibly intoxicated, and then gets in a car and kills someone on the way home, the owner of the serving establishment can be sued for damages. A dram shop case is often a component of a larger accident case such as a DWI. The statute of limitations on the dram shop portion of the case differs from those that apply to the other claims made in the case.

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QUICK TIPS FOR ALL ACCIDENTS:

• Seek medical attention as soon as possible. That's your first priority.
• Retain all medical records and bills that come into your possession.
• Maintain a list of all healthcare providers with whom you come into contact.
• Secure a copy of the police report.
• Keep a careful list of witnesses' names and addresses.
• Provide your attorney with all photographs of the accident scene and vehicles or objects involved in the accident.
• Save your cast, hardware, pins, braces, screws and prescription drug bottles.

Don't speak to anyone without the advice of counsel.

The attorney you choose, and your health care professional, should be the only people with whom you discuss the details of your injury. Insurance companies, potential defendants, and others may attempt to contact you in the hopes of securing a written or verbal statement from you about the accident to which you may be a party. They do this to protect themselves against financial responsibility. Don't speak to anyone without the advice of counsel! If you are in doubt, contact your attorney immediately to seek professional advice.

Follow the advice of your healthcare professional for a full recovery.
If you have been hurt in an accident on or off the job, your first priority is your full recovery.

• Follow the advice of your healthcare professionals so that you have every chance for a speedy convalescence.
• Keep every appointment with doctors, therapists, chiropractors, etc., so that your providers can measure your progress at appropriate intervals to determine the length and scope of your treatment towards a complete recovery.

Keep all records and bills. Keep track of your contacts throughout your recovery.

• Get business cards so that contact can be made with all your healthcare providers in the future should you decide to seek representation.
• It is important to save all records and bills that might be in your possession. Your attorney will almost always ask for them.
• If you are unable to, or if your doctor advises you not to work, keep excellent records of the time you lose from work. The amount of your lost earnings may be recoverable.
  
  

Take pictures of the damage.
Whether you are in a car accident, slip and fall or experience medical malpractice, it is important for you to take pictures to document the circumstances and damage.

If you were involved in an auto accident, do not repair of YOUR vehicle until you or your attorney has arranged for photographs of the damage. A significant part of your case will depend on the collection of pertinent documentation and supporting evidence that proves your damages and injuries. Pictures of your vehicle may be evidence of point of impact, and provide important information as it relates to liability.

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Slip and fall accidents come under the area of law known as ‘premises liability’. This special form of liability determines which party is at fault for the accident and requires the person in possession of the land or premises in which the accident occurred to be responsible for certain injuries suffered by persons on that premises. Therefore, each time someone steps onto a property, the property owner faces a considerable liability issue. The owner is required by law to provide a safe environment for individuals who visit the property. This includes performing routine maintenance and preventing unsafe and dangerous conditions that could cause injuries to an individual.

Here is a list of accidents covered under premises liability:

• broken sidewalks
• uneven floors
• broken elevators
• cracked or broken steps
• puddles of water
• swimming pool accidents
• broken railings
• debris on the floor

Slip and fall accidents can happen at:

• shopping malls
• hospitals
• office buildings
• housing complexes
• parking garages
• restaurants

 If the negligence of the property owner is found to have been the cause of an injury, the property owner is liable and victims may be entitled to compensation.

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Here are the most common ways victims can be injured:

• Auto Accidents
• Brain Injury
• Construction Accident
• Dog and Animal Bites
• Hospital Injury
• Medical Accident
• Physician Malpractice
• Playground Accident
• Product Defect
• On-the-Job Accidents
• Out-Patient Medical Procedure
• Slip & Fall
• Tainted food
• Wrongful Death

If you suffered an injury, would you know what to do to protect your rights? What if you were offered a cash settlement, would you know if it were fair and reasonable? Chances are you would be so consumed with the trauma caused by the accident or negligence by someone else, you would settle for an amount offered without fully knowing your rights and entitlement under law. That’s where Cassisi & Cassisi, P.C. comes in. 

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