What’s the best thing that you can do to ensure your child’s safety on the road? According to the Department of Transportation, it’s buckling up. Researchers from Brigham and Women’s Hospital published a paper in the Journal of Pediatrics on this topic. They reported that, between 2010 and 2014, 18,116 children were involved in fatal motor vehicle accidents and that 15.9% of these children died in the crash. In fact, motor vehicle injuries are one of the leading causes of injury and death among children. Restraining children properly in cars could save the lives of many children each year.
Child car victims in New York state
New York was one of the top five states with the lowest rates of death of children in car accidents. Still, nearly 3 out of every 10 000 children under the age of 15 died in car accidents in New York between 2010 and 2014. After looking at a wide range of variables, the researchers found that being unrestrained or inappropriately restrained was the major cause of child fatalities in car accidents in this period.
New guidelines for child car seats and seat belts
There has been an emphasis on seatbelt education in recent years, and new recommendations for car seats were published by the American Academy of Pediatrics in 2011. These recommendations include that infants up to the age of 2 years should ride in rear-facing car seats. Toddlers should ride in forward-facing seats for as long as possible. Children should ride in booster seats up to the age of 8 to 12 while older kids should wear lap and shoulder belts that fit properly.
The best thing that you can do for your kids’ safety is to buckle them up whenever you let them ride in a motor vehicle. If you are ever in a car accident that wasn’t your fault and you or one of your children got hurt, call an experienced car accident lawyer at Linden Law to evaluate your case.
We assume that our loved ones are being nurtured and cared for as nursing home residents. What family members often don’t know is that nursing home abuse is an epidemic in the United States. Look out for these five signs of nursing home abuse.
Bedsores or open wounds
In 99% of cases, bedsores are due to improper care. Nursing homes have strict rules about patient care and how to prevent bedsores. If your family member has bedsores, it’s because the nursing home staff wasn’t doing their jobs.
Unexplained bruises, cuts, burns or fractures
Sometimes residents are dropped or abused while heavily medicated which means that they may not be able to remember. Other times, if they are physically abused, they might be too scared to talk. Ask the nursing staff if they know anything about the injury; if they’re overly vague, your loved one may have suffered abuse.
Torn, bloody or stained clothing
This is a concerning sign that your loved one may have suffered sexual abuse. Sexual abuse is unfortunately common in nursing homes. The residents who are heavily medicated or have short-term memory problems are especially vulnerable.
Refusal or delays to visit the resident
If you drop by unexpectedly and the nursing home staff tries to stall you before seeing your loved one, you should be suspicious. Another cause for suspicion is if the nursing home staff won’t allow a private visit. This is their way of preventing your loved one from speaking out about nursing home staff’s abusive behavior.
Sudden changes in the resident’s financial documents or will
Of course, your loved one has every right to make changes to his or her personal documents, but if the decision to do so seems overly abrupt or if he or she doesn’t remember doing so, it’s a big red flag. Your loved one may have been forced into changing the documents while being medicated or threatened.
Act immediately if you see any of these five signs of abuse. Call 212-804-8440 for advice from experienced nursing home abuse lawyers at Linden Law.
One of the many glorious things New York City has to offer is the NYC Subway system. Some people might call it a magical train, taking you from any point in the city to another. Others might loath it for its inefficiency and delays. But, each day millions of New Yorkers ride the subway to get to work, class, the gym, restaurants, and just about anywhere else their hearts desire, https://pinstaporn.com/.
Today, however, the NYC Subway system had a setback when a subway train derailed and crashed into a wall leaving more than 30 people injured. Today, many New Yorkers realized that the NYC subway system may have another adjective to describe it: deadly.
On Tuesday, June 27th, the A train derailed between 135th street and 125th street stations in the Harlem neighborhood ofz Manhattan. Investigations on what caused the crash are still ongoing but according to several MTA officials, the crash was caused by an abrupt triggering of the train’s emergency brake.
The derailment of the train caused massive transit delays for New Yorkers throughout the city today. It injured over 30 people and left millions more questioning their morning commutes and the safety precautions that the MTA is taking. Recently, there have been more problems than ever with the MTA due to its antiquated system. Governor Andrew Cuomo has been under heavy criticism for the continual problems and he released a statement on Tuesday night, saying he hopes to address the “fundamental issues plaguing the transit system.”
The New York City subway accidents have remained steady over the last 5 years and have cost the city nearly $430 million dollars in lawsuits. Just in the last few years, there have been multiple train derailments that injured and killed hundreds of people. Earlier this year, in January, the LIRR train derailment in Brooklyn injured over a 100 people. In April of 2016, an Amtrak train leaving New York killed two people and injured around 30 more when it struck a backhoe in Delaware County, PA. One of the most tragic accidents happened in May of 2015 when a train derailed outside of Philadelphia en route to New York killing 8 people and injuring over 150 others. In December of 2013, an engineer on a Metro North train fell asleep while operating the train and entered a curve In the Bronx 52 mph faster than usual causing the death of four and injuries sustained by over 75 people.
While it is unclear what exactly caused today’s derailment, it is important for New Yorkers to know their rights in the event that they are injured in a train accident. Train accidents have a variety of causes that are either due to the negligence of the transit company in their failure to maintain the track or the negligence of the conductor in operating the train. The MTA has the responsibility to maintain the tracks and the train and to properly train the conductor to avoid such accidents.
If you or a loved one has been injured in a train or subway accident it is important to learn about the options to hold all the parties who caused your injuries accountable for their negligent actions. Sometimes it is difficult to determine who these parties are, especially when there are multiple parties involved. For this reason, it is very important for New York train accident victims to seek legal representation from an attorney who has the knowledge and skills of such litigation.
The New York Train Accident Attorneys at Linden Law have recovered millions of dollars on behalf of our clients and have experience and expertise in train accident law. If you have been injured in a train or subway accident, the Attorneys at Linden Law will aggressively work to recover the full monetary value of your case. You may be entitled to financial compensation and damages and should contact the attorneys at Linden Law at 212-804-8440 for a free legal consultation from an experienced legal professional.
New York is a busy city, and as with any big city, it is rife with petty and violent crimes. You have probably read many articles and have heard countless words of advice on how to avoid a mugging or how to act if you are unfortunate enough to be mugged.
However, these scenarios usually assume that you are on the street when you’re being mugged. What if you were in a store? You should be safe from being mugged in a store, right?
Property owners are liable for the safety of their property
According to the premises liability laws, property owners have to practice reasonable care to ensure that their property is a safe environment for their visitors. In most cases, people only think about making sure that there are no tripping hazards or dangerous areas on the property. We seldom think about dangerous elements such as muggers entering the property as a potential risk. It is still the property owner’s responsibility to ensure that safety measures are in place to protect visitors and that includes security measures.
Filing a lawsuit for negligence
If you have been mugged in a store and the store did not have adequate security features such as security cameras, security guards or proper lighting, you may have a premises liability case. By not ensuring that the necessary security features are in place, the property owner is negligent regarding providing a safe environment for visitors. Premises liability laws state that if you got injured or suffered damages due to someone else’s negligence, you can file a case to claim compensation for any injuries or damages suffered.
Talk to a lawyer
If you’ve been a victim of a violent crime on someone else’s property due to the property owner’s negligence, talk to an experienced lawyer about your case. Call Linden Law at 212-809-8440 for a free consultation.
If you’re attending a significantly large protest action, you can expect the police to be there to ensure that the event proceeds in a civilized manner. Unfortunately that may not always be the case. Although many of New York’s finest are committed to serve and protect its people, there are always those who, for whatever reason, resort to brutality.
What You Need to Know About Suing if You Have Been a Victim of Police Brutality
Police brutality can cause severe damage ranging from physical injury to depression and post-traumatic stress disorder. These effects can be long-lasting and can affect your ability to work and earn an income. In order to sue a police department or officer for personal injury, you will have to be able to prove that the police officer crossed the line between reasonable force and excessive force. This counts for events before, during or after an arrest. Luckily, with camera phones, it is easy to collect evidence of police brutality, and if you or a friend happened to have caught the incident on camera, you have enough evidence to file a complaint against the officer or the police department. If you can prove that the officer acted in a way that no reasonable officer would have in the same situation, you are within your rights to contact a civil or personal injury lawyer to help build your case.
The Sad Facts Behind Police Misconduct
If you have suffered personal injuries due to police brutality or misconduct of a police officer, contact Linden Law’s experienced New York City Civil Rights Lawyers for a free evaluation of your case. Call us at 212-804-8440 or visit us at 1500 Broadway Suite 903 in New York City.
Box trucks, otherwise known as cube trucks, are mostly used as delivery vans. Because company employees drive the trucks, it can mean that the drivers of box trucks may often be under pressure to make their deliveries on time. It also means that they are not likely to be the owner of the vehicle. These factors and more may cause a box truck driver more likely to take chances on the road or to drive recklessly.
A victim of reckless driving
If you are unfortunate enough to be in an accident involving a box truck, there are several things that you have to do to be able to claim compensation for any injuries or damages that you may suffer.
- Get medical attention. It’s important that you get medical attention as soon as possible. Obviously, if you’re hurt, you will need to be treated, but there’s a secondary reason as well. Medical records of treatments just after the accident will prove that the accident caused your injury. Remember that some injuries such as whiplash only appear a few days after the incident. It’s important that you seek medical attention directly.
- Get the driver’s details as well as the details of the company that owns the truck. Take down the license plate number as well as the make and color of the vehicle.
- Take pictures of the accident scene and make notes regarding any traffic lights of stop signs in the area.
- Get the contact details of possible eyewitnesses who could give an objective view of what happened during the accident.
Linden Law has won $200 000 for a client who needed shoulder surgery after being sideswiped by a box truck. If you have been in an accident involving a truck and want to claim compensation for medical bills and damages, you can call one of our experienced car accident attorneys at 212-804-8440 for a free consultation.
Do you have enough evidence for a medical malpractice case?
We put our trust in medical professionals and when they fail us it can be heartbreaking. Suffering a personal injury due to medical negligence may rile up such frustration that we might want it to end up in court. However, the reality is that you really need a lot of solid evidence if you want to make it worth your while. Legal expenses can be very costly and you may walk away with less cash in your pocket if you don’t have sufficient evidence.
What is sufficient evidence?
The thing with medical malpractice lawsuits is that the evidence is often very technical from a medical perspective. Firstly you have to prove unequivocally that the doctor did something wrong. So you will have to have accurate information on how the procedure was supposed to be done vs. what had actually happened. The doctor’s actions will have to be compared to what one of his peers would have done in a similar situation. You will need a medical practitioner as an expert witness and specifically, one practicing in the same field as the doctor that you are suing.
You must also prove that the damages that you suffered are a direct result of the doctor’s negligence. It’s not sufficient to prove that the doctor did something wrong and that you have not healed. You have to prove that what the doctor did wrong caused the injury.
You also have to prove that a doctor-patient relationship existed at the time of the procedure because this means that the doctor had a legal duty to treat you correctly. If another doctor gave advice and this advice caused your personal injury, it’s possible that you will not be able to sue the doctor who gave you the wrong advice.
Talk to an expert personal injury lawyer
Water damage is a common occurrence in older buildings. It can be due to burst pipes, faulty water heaters, you name it. But if you suffered property damage due to faulty plumbing in another apartment – are you liable? Who’s liable for water damage? The question of property damage can be difficult to answer.
The rule of thumb
The rule of thumb is that the property owner is responsible for maintaining their property. If Apartment A’s water leakage damaged property in Apartment B, the owner of Apartment A is not necessarily responsible for paying for the damages. Should Apartment B’s owner pay for damages that weren’t his fault?
The case of negligence
No, if the owner of Apartment B can prove that the owner of Apartment A was negligent and that the water damage was due to his negligence in maintaining his apartment it’s a different story. In such a case, the owner of Apartment A would be liable for the damages that were caused in Apartment B. There is a condition though. The owner of Apartment A’s negligence must have directly caused the accident for him to be liable for any water damage in Apartment B. This can be difficult to prove and therefore it might be necessary to get a property damage attorney involved to assess the case.
Contact a lawyer
Linden Law represented an artist whose works suffered water damage due to the negligence of another party. Linden Law managed to win the artists $137 500 in compensation for the damage to his work. If you live in New York and have suffered any damage to your property and you think it may be due to someone else’s negligent behavior, contact Linden Law for a free consultation at 212-804-8440.
According to premises liability laws, property owners are liable to ensure that their properties are a safe space for visitors. If property owners are negligent in maintaining their properties and someone gets hurt, that property owner may have to pay a sizeable sum to compensate the injured person for their medical bills, any lost wages due to days off work as well as personal pain and suffering.
Premises liability is sometimes referred to as slips and falls – mainly because many premises liability cases rest upon accidents where the injured slipped and fell on the property. Slippery surfaces are one of the top reasons why visitors slip and fall on someone else’s property. It can be due to a spilled beverage on a restaurant floor or due to wet floors without a warning sign. Or it can be as simple as a driveway that wasn’t adequately cleared of snow.
If you slipped and fell on someone else’s driveway, the first question that you need to answer is whether the owner could have reasonably prevented the accident in any way, in other words, was the accident caused by the owner’s negligence? The second question is whether the property owner could have reasonably expected you to be in his driveway. And the final question is whether you could’ve done something to prevent the accident – perhaps you were texting while walking and wasn’t paying attention to the surrounding conditions. A good personal injury lawyer can help you to answer all these questions and evaluate whether you have a case against the property owner or not.
Linden Law has represented a woman from Westchester County who fell on a driveway and fractured her wrist to such an extent that it required surgery. She was awarded $250 000 in a settlement to compensate her for her medical bills and other damages suffered. If you have been the victim of a slip and fall accident, call us at 212-804-8440 for a free consultation.
So, you think you can possibly file a personal injury complaint. However, you know that legal fees can be expensive and you don’t want to be taken for a ride. We’re here to tell you how your legal expenses can play out.
Most personal injury lawyers charge a contingency fee
This means that you won’t have to pay your lawyer any fees unless he wins your case. If you win, your lawyer will get a percentage of the amount that you claimed in the case. If you lose the case your lawyer won’t charge you any fees. But that doesn’t mean that you walk away from the trial with all your dimes in your pocket. You still need to pay for the costs of the trial and case expenses.
What’s the difference between costs and fees?
Simply put, fees are what a lawyer charges for his time, while costs are for his out-of-pocket expenses. Charging a contingency fee means that your lawyer is willing to waive the fees for his time if he loses the case (which he hopefully won’t), but will hold you accountable for the costs that he had to incur to make the trail happen. Seems fair, right?
Okay, what type of costs can you expect?
- Expert witness fees and costs
- Filing fees.
- The cost to hire investigators.
- Obtaining and preparing medical records and police reports.
- Exhibits for trials
- Jury fees
- Mediator fees
- Phone charges
- Research service fees
- Travel costs