You Broke Your Leg Going Upstairs at Your Friend's House; Turns Out, Stairs Were Not Built Correctly- Can You Sue in NY?

The short answer is "Yes." The longer answer is still yes, but I already know what you're going to say... "He's my friend..." "I can't sue him...what will his family think if I bring a lawsuit?"

Lawsuit Over Grandma's Death in 2010 Blizzard

Another lawsuit has been filed against the City of New York for its lackadaisical response to the 2010 blizzard. Its cleanup and emergency efforts have been roundly criticized from the very beginning.

4 Things Your Accident Attorney Wants You to Know

Hiring an accident attorney can be one of the best things you do for your accident injury case. He or she can not only guide you through the legal process, but

Fall from Bed Paralyzes Fordham College Student

In February of this year, Fordham University student, Kei Usami, fell from his upper bunk bed in the middle of the night and was left paralyzed due to a spine

CDC: Carbon Monoxide is a Leading Cause of Poisoning

The Centers for Disease Control and Prevention (CDC) released a study on August 5, listing carbon monoxide (CO) as a leading cause of unintentional poisoning

NYC-Two Men Almost Drown in Elevator

Last week's heavy rains almost took the lives of two construction workers, who were stranded in a flooded elevator for an hour in Staten Island.

While US Beats E.coli Back, Salmonella Remains Nuisance

A new report out of the Centers for Disease Control and Prevention (CDC) explores the gains made against E.coli and the lack of results achieved against

$212 Million Awarded for Botox Damage; News Report

$212 million was awarded 2 weeks ago for damages related to Allergan's Botox, a drug used for muscle spasms, migraines, and neural issues.

Snowblower injury-Man loses four fingers in New York

We had a foot and a half of snow today in New York. Today was the day I was going to try out my brand-new snowblower. For years I had resisted getting a snowblower, believing that shoveling was good for me. Last year we had especially large snowfall and I decided to take the plunge and buy a 22 inch gas powered dual-stage snowblower made by Sears. Before today, I made sure to read the owner's manual twice. I filled the snowblower with gas and tried it out, just to make sure I knew how it operated and how to work the controls. When I awoke this morning I felt like a kid in a candy store. I couldn't wait to go out and play with my new toy. I pulled the snowblower out of the garage and it started right up without a problem. It was actually a lot of fun. I had been using it for about an hour when I decided to clear a path toward the door. We have a thick doormat and apparently I got underneath the doormat and the next thing I knew, I heard an immediate grinding and I shut off the power and propulsion. I turned the machine off and removed emergency key.

Faulty Heart Defibrilators-Cardiac Negligence

Newsday reported today that the Food and Drug Administrations wants manufacturers of heart defibrilators to fix the faulty devices. The FDA reported yesterday that heart defibrilators have been faulty and crippled by design flaws for many years. They noted that these cardiac defibrilators have failed to work in life-and-death instances. In 2009 there were...

Elevator Accidents in New York

Most people fail to realize that elevators are mechanical pieces of equipment. We take for granted when we walk into an elevator and push a button that it is going to take us to our destination without fail. However, that is not always the case. There are instances when the elevator will miss level causing someone to trip into the elevator or to fall out of the elevator from an elevated platform.

How Does a Hospital ‘Lose’ a Patient?

Have you ever heard of a hospital not being able to find a patient? How about when a patient wanders off and the hospital staff have no idea where he went? Maybe you heard about the patient who went for a walk and wound up dead from hypothermia on a hospital roof? Read the blog post to learn more.

Groin-Punch “Game” Harms More Boys

The old adage “boys will be boys” is taking on a new meaning. A recent study indicates that teen boys are engaging in a game referred to as “sack-tapping” in which they slap or punch each other in the groin. Popularized by the television show “South Park,” this game can result in traumatic and permanent injury. Trauma to the groin in young men can result in testicular torsion.

Man dies after 10 calls to 911

Ambulance personnel in Pittsburgh Pennsylvania failed to show up despite ten 911 calls for emergency medical assistance.

I Can't Believe I Slipped On Ice!

Over the years I have written many articles about slip and falls on snow and ice here in New York. I've had my share of slipping on ice. Today in New York it's a rainy 35° and the ground is covered in certain parts with melting ice. Parking my car in the back of my office building left me on a large patch of ice. Feeling brave and fearless, I eagerly got out of my car and began the short walk to the front door of my building. My black leather shoes had zero traction despite my heel being made of rubber. Unfortunately, the day that I decided to park on a large patch of ice it figures that I was not wearing my snow boots.

New York Personal Injury Law Firm Sanctioned $6,000 For "Spiteful" Lawsuit

This falls under the "Stupid is as Stupid does" Forrest Gump category. It was inevitable. A woman hired New York personal injury law firm Morelli Ratner to represent her in a medical malpractice case. Shortly thereafter her case was dismissed and the woman brought a lawsuit for legal malpractice against her lawyers. Morelli Rattner then brought a lawsuit against the woman (their former client) seeking to recover $6,000 in expenses that they had incurred to prosecute her medical malpractice matter.

Ambulance Chasers

Do you still think that personal injury attorneys are "Ambulance Chasers?" Personal injury and medical malpractice lawyers earn a living by helping injured victims recover compensation. Read the blog post to see what might happen if there were no trial lawyers around to help someone injured by another person's carelessness.

How to Choose a New York Lawyer From the Yellow Pages

You've been injured and run to the yellow pages to find a lawyer. You see tons of full page ads all saying the same thing. How do you, as a legal consumer, distinguish one law firm from the other? Read the article to find out.

Apartment Building Fire Results In Significant Property Damage-Tenant Settles for $150,000

My clients owned a condominium in Queens. Their condo was in a large development which was undergoing repairs to the roof. The roofers were using hot tar to put down the new commercial-grade roof. Because of high winds, the tar overflowed causing a massive fire. My clients' condo suffered extensive water damage, and during the course of repair it was learned that their apartment, along with everybody else on the floor had its best those articles throughout the apartment. This required asbestos abatement, and force them to discard all of their remaining possessions that survived the massive water damage from the original fire.

 The management company and the condo association refused to compensate my clients for the damage to their condo. They were willing to make only minor and modest repairs to get their unit functioning again. They would not consider replacing any of the items or contents in their unit. that prompted them to seek my legal services.

Approximately 9 different people and companies filed lawsuits against the management company, the condo association and the roofers who caused the fire. These lawsuits were brought in different counties here in the state of New York. Because all of these cases arose out of the same incident, all nine cases were consolidated into one case that was being handled by one judge in Queens County.

After 4 1/2 years of litigating this case I'm pleased to say that we were able to successfully resolve this case to my client's satisfaction for the sum of $150,000.

Lawsuit Lottery Jackpot! -Part 1

“Step right up. Just sign your name we’ll enter you into the lawsuit lottery jackpot. Injured in a car accident? Step right up. Injured during surgery? Step right up? Killed by a stray bullet? Step right in. Did you fall and break your leg? No problem, just step right in to our lawsuit lottery jackpot where you’ll have a chance to win millions and live on easy street for the rest of your life. That’s right folks. You too can be a winner in the lawsuit lottery jackpot.” (Carnival music is playing in the background).

“What do I have to do to enter?” asked a curious onlooker.

“Simple,” said the man in front of the tent. “First you have to stand in the street and get hit by that Mack truck over there. Then, you have to make sure the tires run over your legs. Oh yes, make sure the truck is loaded with equipment so the total weight of the truck is about 40,000 pounds. Then, when the truck has finished running over you, make sure you’re still conscious so you feel the excruciating pain of having your legs crushed to a pulp. Then, when you’re bleeding to death, make sure you go into cardiac arrest and are revived by the paramedics.”

“I forgot to tell you...when you get to the hospital, make sure that the trauma surgeons amputate your legs from below your waist because there is no usable skin, bones, veins or arteries to use to reconstruct your legs.

Remember, they were in a pulp, and are now useless to you.”

The onlooker stood there gawking with his mouth wide open but no sound coming out.

“But wait!” said the man, continuing his talk.

CONTINUED IN PART 2...

Lawsuit Lottery Jackpot! -Part 2

CONTINUED FROM PART 1...

“After the surgeons cut off both of your legs, you must remain in the hospital for two months recuperating, then learning how to get around on a wheelchair, which we’ll give you, absolutely free, for the rest of your life.”

“But what about all the activities I could do before, like play baseball, swimming, skiing and riding my bicycle?” asked the onlooker.

“Ah that,” said the man with some hesitation. “You see, all those activities, you have to give them all up. You’re now officially a ‘permanently disabled cripple’. You can’t go around doing those great activities that you used to do once we’ve labeled you a cripple. I mean, what would your neighbors think if we said you’re a handicapped man and they saw you playing basketball or changing a tire on your car? Sorry, that just wouldn’t work."

The onlooker was white as a ghost. He didn’t know what to say.

“Hey kid, not to worry, if you win this jackpot, you’ll be on easy street forever!” said the knowledgeable man with the handlebar mustache and the straw hat and the organ music playing in the background.

“But, how do I get that jackpot?” asked the young man with some trepidation.

“Simple. Just find a lawyer who handles these types of cases. Then file a lawsuit in New York...but you’ll have to hurry because you don’t want to have your case thrown out if it’s not timely. Did you know that you don’t even have to pay a single penny to start your lawsuit? How great is that? Your lawyer does that for you. Isn’t our justice system great?

Well, anyway, as I was saying, all you have to do is talk to your lawyer and after about six months, you’ll go into his office and talk to some other stuffy lawyers who will ask you lots of questions about what happened to you and what you can’t do now. That’s it. You don’t have to show up again until trial.”

“Trial?” asked the young man. “Why trial?”

“Well, without going to trial you can’t get an outrageous verdict that will blow the lid off all other verdicts in the past. Otherwise, your lawyer might just settle your case early to get you chump change,” said the hawker with a straight face.

“How will going to trial get me into the lawsuit lottery jackpot?” the onlooker asked with some interest.

The reply was amazing.

“That’s how you actually enter the drawing contest. See...going to trial is a crapshoot. Even if you have a good case a jury may send you home with little or no money. Why? Who knows- it’s a total crapshoot. But if you have a really good attorney who inflames the jury and shows them gory, bloody pictures of you at the accident scene, they’ll get really angry with the truck driver and his company and want to sock it to them hard.

That’s the part of the crapshoot that gets you your millions. Well, almost,” the man said.

“Tell me more,” said the onlooker.

“If the jury really hates the trucker who caused your accident, they award you millions and millions of dollars.”

“And that’s it? You mean I leave the court house with buckets full of money?” asked the eager onlooker, getting that hungry look in his eye.

“Ah, no, not exactly,” came the reply.

“You see, the defense will argue to the trial judge that the award was outrageous and must be reduced. Even if the trial judge agrees and reduces your award, the defense will still not be happy. Then, they’ll argue to a higher court that the award is so outrageous that it shocks the conscious of the court.”

“Then do I get the buckets of money you told me about?” asked the oblivious onlooker.

“Ah, no, not exactly,” came the reply.

“The higher court can do one of four things:

They can throw out your verdict,

They can reduce it,

They can increase it, or

They can send you back for a new trial.

You see, that’s also part of the crapshoot. You just never know what you’re going to wind up with.”

“I’ll still take my chances,” said the dazed onlooker.

“In that case,” the straw man replied, “you should know that there’s a chance you’ll get nothing.”

“How can I live on easy street with my injuries if I get nothing?” he asked incredulously.

“Well, you can’t. You’d have to go on welfare and on disability, and you’d probably be homeless, but hey, you gave it your best shot. That’s what a lottery is all about, most will lose and only a few will win. You’ll still have your free wheelchair!”

“Thanks for stopping by,” said the man with the handlebar mustache. “If you want more information, just step right in...”

 

How Much Does It Cost To Hire a NY Medical Malpractice or Accident Attorney?

All attorneys who handle cases involving accident or medical malpractice in New York handle them on "Contingency." What does this mean?

It means that the lawyer receives a fee only if he is successful in getting you compensation for your injuries. His fee is 'contingent' upon you getting money. If the lawyer is unsuccessful and you receive nothing, the lawyer also receives no fee.

FOR AN ACCIDENT CASE IN NEW YORK:

The attorney's fee is 1/3 of the amount you recover, after the attorney's expenses have been paid back to his law firm. What this means is that the lawyer pays all litigation expenses and really provides you with an interest-free loan during the time your case is in litigation. At the end of the case, if you are successful, the lawyer's gets repaid for his expenses.

FOR A MEDICAL MALPRACTICE CASE IN NEW YORK:

The attorney's fee is LESS THAN an accident case. This has been true since 1985. The fee is based on a sliding scale, which means that the more you recover, the more you get to keep.

$1-$250,000, the attorney's fee is only 30%.
$250,001-$500,000, the attorney's fee is only 25% for that segment.
As the amount increases, the attorney's fee decreases, until you reach $1.25 million. Anything above $1.25 million, the attorney's fee is only 10% for that segment.

Remember, at the end of the case, if you are successful, the lawyer's gets repaid for his expenses. From the remaining amount, his fee is calculated, and then you receive the remaining amount.

CONCLUSION:
The purpose of having a contingency fee is so that people who could not afford an attorney's hourly rate would be able to hire an experienced lawyer without having to worry whether they could pay.

You win your case; the attorney gets paid. You lose your case; your lawyer gets nothing. That's a significant incentive for your lawyer to work hard to get you the most compensation you are legally entitled to.

Jurors in NY Should Be Allowed to Twitter

Find out why Gerry Oginski, an experienced New York medical malpractice and personal injury trial attorney believes that jurors in NY should be allowed to twitter during a trial. Currently, jurors are not allowed to talk to each other about the case until after they have received legal instructions from the judge.

Likewise, attorneys and the litigants are also prohibited from talking to the jurors. Twitter allows us to see what a juror is thinking about the testimony. Watch the video to learn more.

For answers to your legal questions, call Gerry personally at 516-487-8207 or by email at lawmed10@yahoo.com. He welcomes your call.

A Lawsuit For Every Calamity-NY Trial Lawyer Explains

You can't avoid reading about different lawsuits every day. Open any newspaper across the country and you'll see many stories about people suing cities, hospitals, negligent drivers, incompetent police, employers for sexual harassment, the church, manufacturers and the list goes on and on.

Break a finger opening a jelly jar; sue the manufacturer for a defective product.
A lawn mower blade slips and slices off your leg. Sue the manufacturer.
A doctor perforates your colon and you need emergency surgery; sue the doctor and hospital.
A radiologist misreads your chest x-ray and fails to diagnose your lung cancer; start the lawsuit.
You have a fender bender in a parking lot and bring a lawsuit for soft tissue injuries; start a case and watch it get thrown out of court.

Is every injury worthy of money compensation?
The answer is no.

Our system of justice requires that a wrongdoer who causes injury pay money compensation to the injured victim. The wrongdoer is supposed to make their victim "whole" again. This is impossible when the injured victim suffered significant physical injury.

When a wrongdoer causes physical harm, he incurs a debt that must be repaid. The only way our justice system in New York allows that debt to be repaid is with money. Money to pay the victims' medical bills in the past; the future, money to pay for lost earnings and for future lost earnings, and money to pay for the victims' pain and the suffering he caused.

Ambulance Chasing

How many times have we heard the term ambulance chasing and thought of lawyers who were unscrupulous and had no ethics?

Just yesterday I critiqued an attorney video where a lawyer was seeking accident victims while shooting her video in an operating room. What made the video even more unusual is that there appeared to be a real patient on the operating room table, a physician operating, and a nurse attending to the patient. Unlike a video that depicts a hospital in the background, this medical malpractice attorney was clearly and visibly located within the operating room itself. Whether the people in the operating room were actors or not I could not tell.

However, this brief video did nothing to educate an injured victim who was searching for an attorney online. It is this type of advertising that gave rise to the term of ambulance chaser for negligence and medical malpractice attorneys years ago. Typically, lawyers had a very limited means in which to educate consumers about which lawyer was the right one for them. Traditional forms of advertising consisted of television advertisements lasting no more than 30 seconds, and a Yellow Pages ad that contained very little useful information.

Comedians routinely spoofed lawyer advertisements and movies portrayed negligence lawyers hanging out in funeral homes, (The Verdict with Paul Newman), as being the only way they could find cases. Other lawyers were shown hanging out in emergency rooms seeking to sign up every available accident victim.

Although every spoof has a hint of truth to it, it is highly unusual for attorneys nowadays to be found lurking in hospital emergency rooms or chasing ambulances to track down injured victims. 

The other day while in court I ran into a defense attorney I worked with on a number of cases. He was on my mailing list to receive my monthly newsletter. I hadn't seen him in a few years, but the first thing he said to me when we saw each other was "I still get your newsletter." The comment he made after that prompted me to write this blog post. He said, "Your newsletter appears to be a bit of ambulance chasing, doesn't it?" I asked him what he meant by that.

He said, "I recognize that attorneys have to have their shtick as a way of getting potential clients." I replied that my newsletter was not only informative, but helped educate potential clients, friends, colleagues and injured victims about how the legal process works. Importantly, I told him that there are people who have not received my newsletter on time who call me up wanting to know why their newsletters are late because they enjoy it so much.

Contained within my informative newsletter I have a trivia game, interesting news items, one or two stories about law, and in many cases an ongoing story called "Gerry's Never Ending (fictional) Story."  When I returned back to my office later that day, I removed this defense attorney from my mailing list recognizing that he truly didn't understand the purpose of the newsletter. Clearly, I never want to send my newsletter to someone who doesn't want it. I will tell you that in all the years I've publish my newsletter, this is only the second person I've removed my mailing list.