On Behalf of Mallilo & Grossman Attorneys at Law | Mar 20, 2023 | car accidents |
Cyclists have to be aware of their surroundings so that they can react appropriately to vehicles. After all, those in control of motor vehicles don’t always treat the task with the respect it deserves. Cyclists are at significant risk in a crash caused by someone in a motor vehicle.
Collisions that can put a cyclist in the hospital might not even cause any significant property damage to the motor vehicle that caused the crash. A collision between a bicycle and a motor vehicle could leave someone with broken bones, a spinal cord injury or a traumatic brain injury. Those injuries might translate to weeks out of work.
No one should have to worry about being unable to pay their bills because they chose to bike to work or for fun. Cyclists should be able to enjoy the same basic rights on the streets as anyone else, including the right to seek compensation when someone else hurts them. What will cover a cyclist’s expenses after a crash caused by a driver?
The driver’s insurance will help
New York motorists should all have liability coverage that includes most property damage and bodily injury protection. A cyclist struck by a driver could pursue a claim that could pay for their hospital bills and lost wages, as well as a replacement bicycle and new safety gear.
The cyclist’s insurance can help
If the cyclist also owns a vehicle and therefore has a New York insurance policy, they will likely have no-fault coverage that can help pay for some of their medical expenses and lost wages. The combination of both insurance policies may be necessary if a cyclist incurs significant injuries in a crash.
A lawsuit could be possible
If a cyclist cannot recover all of their losses through insurance claims, then they may need to consider taking the driver who caused the collision to civil court. A personal injury lawsuit can help close the gap between what a crash actually costs a cyclist and how much insurance will pay.
Learning more about the available sources of compensation can help someone hurt in a cycling collision cover the costs incurred in the crash.
On Behalf of Mallilo & Grossman Attorneys at Law | Mar 16, 2023 | Uncategorized |
Surgery can be the best – or possibly the only – treatment option for medical issues ranging from cancer to certain kinds of broken bones. Although there have been major advances in surgical technology in recent years, there is always the possibility that something may go wrong during an operation. As a result, it is normal (and possibly even wise) for people to be anxious about undergoing surgery, even though the process is typically safe.
When medical professionals adhere to best practices, they can control for most factors and drastically reduce the likelihood of a poor outcome for patients. Yet, simple mistakes – including those involved in the administration of medications to reduce someone’s pain sensitivity or render them unconscious – can result in severe medical complications and possibly even death. These are some of the more common errors made during the administration of preoperative anesthetics.
1. Administering the wrong drug
A doctor getting one drug mixed up with another is one of the most common anesthesia errors. The professional adds the wrong medication, either resulting in excessive sedation or very traumatic experiences like surgical wakefulness.
When anesthesiologists operate in a professional capacity, they should very carefully check what drugs they have before they begin administering them to the patient. Such errors are almost always preventable and frequently lead to major medical issues.
2. Failing to check for allergies before the surgery
Anyone can have an adverse reaction to anesthesia, but many such reactions are predictable with proper screening. Certain kinds of anesthesia are more likely than others to produce a negative reaction in a patient, meaning a doctor should look more carefully at their history and possibly order pre-operative testing.
Certain circumstances, like family history or other allergies, can drastically increase the likelihood of a patient not tolerating a specific kind of anesthesia or having an adverse reaction to its administration. Anesthesiologists should do a thorough medical review looking for any anesthesia complications experienced by immediate family members at the very least.
Anesthesia errors and other mistakes made during surgical procedures can result in life-altering consequences. Pursuing a medical malpractice claim after a surgical error can allow an individual who has been harmed by medical professionals to seek rightful compensation for the losses they’ve suffered. As a result, affected patients or their loved ones shouldn’t hesitate to seek legal guidance.
2 ways businesses can cause slip-and-fall injuries
On Behalf of Mallilo & Grossman Attorneys at Law | Feb 22, 2023 | Uncategorized |
Businesses in New York City see a substantial amount of foot traffic every day. People walk to the local shop from their offices and from the subway back to their apartments, making foot traffic a major source of revenue for retail businesses. Unfortunately, those who walk into a retail shop or restaurant could end up falling and getting hurt while there. Slip-and-falls range from minor incidents to life-altering experiences that leave someone permanently injured.
Most businesses carry insurance to protect against premises liability, which is the legal and financial responsibility the company may have due to injuries on their premises. Businesses should also do their best to reduce the chance of people getting hurt through proper maintenance and staffing practices.
Unfortunately, quite a few businesses fail to take the proper steps to keep patrons and visitors safe. These are just two of the primary ways that businesses can contribute to a visitor’s risk of suffering a slip-and-fall injury.
1. Improper exterior maintenance
Some businesses don’t want to pay their workers to shovel sidewalks or clear their parking lots of ice and snow. Others may treat such tasks as a low priority despite delegating them to workers.
Although many people tend to blame those who fall on snow and ice for the injuries they suffer, property owners are often technically to blame. New York City statutes require that property owners clear adjacent sidewalks. If individuals slip and fall on icy or snowy sidewalks or parking lot asphalt, the business that did not keep their outdoor spaces safe and walkable would be to blame.
2. Understaffing and inadequate cleaning
Retail establishments are often shorthanded, meaning they barely have enough people to provide security and run cash registers. There will be no one will be free to mop up a spill when it happens or swap out the rugs at the entranceway if they become saturated. Businesses that cut operating costs without regard for the safety of their visitors may end up responsible when their staff members don’t properly clean their spaces.
Those hurt while visiting a business may have grounds for a premises liability claim. Filing a civil lawsuit or insurance claim may be a necessary stop following a slip-and-fall injury at a New York business.
Would it be safer to increase the driving age limit?
On Behalf of Mallilo & Grossman Attorneys at Law | Jan 12, 2023 | car accidents |
The current lower limit for a driver’s age is 16. Some driving often takes place before this, either with an instructor or with parents, but 16 is the age at which someone can finally get a license. Many teens are quite excited to reach this age, especially in rural areas where there are very limited options for public transportation.
However, there are those who point out that teens also cause the most fatal car accidents – and they’re right. This suggests that those from 16-19 are perhaps not as ready to drive as was previously assumed, so people will sometimes believe the driving age should be increased. If we didn’t have teenagers behind the wheel, the theory goes, we would have fewer fatal crashes every year. But would that help?
Brain development
One area in which it may help is with brain development. A teenager’s brain is not fully developed, and this development actually doesn’t stop until around age 25. Considering this, moving the age up to 21 could significantly help. Development may not be done, but it would be much further along than at 16. It is unlikely that the driving age would ever be increased all the way to 25.
Driving experience
But the major counter to this idea is simply that inexperience often causes teens to make mistakes, and those mistakes are what cause crashes. They need to drive more, not less, to gain experience. Moving the driving age up may only change the age at which they receive it.
In other words, the fatal accident rates for those from 21 to 24 may just increase, showing that these drivers are now a bit older, but still just as inexperienced. Their lack of miles and hours behind the wheel is still going to cause them to make mistakes that more experienced drivers would not make, no matter how old they are.
Have you been injured?
It’s clear that teen drivers pose a risk and that car accidents will continue to happen due to their inexperience. Those who suffer injuries must know about their legal options.
On Behalf of Mallilo & Grossman Attorneys at Law | Dec 15, 2022 | Uncategorized |
For the vast majority of people hurt on the job in New York, workers’ compensation benefits will suffice. They can apply for disability benefits while they are off of work or on restricted duty because of their injuries, and they won’t have to pay out of pocket for their treatments thanks to workers’ compensation benefits.
However, people in highly-paid professions like construction and those facing a long-term change in their income because of their job-related injuries may suffer because of the gap between their actual losses and what workers’ compensation covers may potentially have grounds to file a third-party lawsuit related to their injury.
Workers’ compensation insurance protects employers from injury-related lawsuits in all but the most extreme cases, but it leaves the door open to claims against outside parties. When could an injured worker potentially sue someone other than their employer for their job injury?
- After violence in the workplace
If a customer became violent when they couldn’t obtain a refund and caused a brain injury when they punched you or if you ended up injured by a weapon in an attempted robbery, you could file a personal injury claim against the parties that broke the law and caused you harm. Illegal activity is one of the many behaviors that can lead to a personal injury lawsuit under New York law.
- After a car crash on the job
If you ever have to drive as part of your job responsibilities, then you are potentially at risk of experiencing a car wreck while on the clock. In addition to potentially having grounds for an insurance claim, you may be able to pursue a personal injury lawsuit if insurance is still insufficient for your needs.
- After a tool or machine malfunctions
When there is an issue with poor manufacturing practices causing products to fail in the workplace or when a defective machinery design results in a preventable worker injury, there may be grounds for a lawsuit against the business involved. Companies that turn out defective products, whether due to manufacturing or design flaws, may be subject to liability claims when people get hurt as a result.
Looking into all compensation options will be the best protection for someone recently hurt at work in New York.
6 injuries caused by shattered glass
On Behalf of Mallilo & Grossman Attorneys at Law | Dec 5, 2022 | Firm News |
With blood streaming down your face, you realize that although you have survived a car collision you are not out of danger.
Shards of glass rained down on you and your passengers after your vehicle was T-boned by a reckless driver who blew through a red stop light. Some bits of glass from the windshield and windows embedded in your face and torso. But shattered glass may cause an assortment of serious injuries.
Head and eye injuries
After a motor vehicle collision, some people may walk away with minor cuts. However, others may not be as fortunate. Here are some of the potentially life-threatening injuries a person may sustain from glass-related injury:
- Lacerations: Surface-level and deep-level lacerations are possible. Glass may penetrate the body, damaging blood vessels, muscles, nerves, tendons and internal organs such as the spleen and liver.
- Penetrating injury to the head: While a concussion is possible, more severe injuries may surface. Sharp glass moving at high speeds may penetrate the skull. A resulting brain bleed may lead to death.
- Eye injuries: Lifelong vision problems are possible after glass punctures an eye. In some cases, victims may become blind.
- Severed limbs: Bone penetration is possible from large and sharp pieces of glass. Along with significant blood loss, the result may lead to physicians having to amputate an arm or leg in order to save a life.
- An injury to the spinal cord: When glass punctures the neck and spine, it is possible for a spinal cord injury such as a severed spinal cord or a cervical hematoma.
- Shock: Due to severe loss of blood, shock may surface, potentially causing internal organs to shut down.
Glass injuries should never be taken lightly and may occur in car collisions, a fall into a plate glass window or even glass furniture. With the possibility of many surgeries, disability and scarring, a victim of glass-related injuries may take years to recover.
Seek legal guidance
Life-changing injuries are possible when shattered glass penetrates a person’s body. If negligence was behind your injury, seek the compensation you deserve and the guidance of a skilled attorney.
3 of the most common forms of medical malpractice
On Behalf of Mallilo & Grossman Attorneys at Law | Nov 15, 2022 | Uncategorized |
When you turn to a doctor to diagnose your symptoms and treat their cause, you effectively place your well-being in the hands of a licensed professional. You shouldn’t be able to rely on them to do what is in your best interests and to adhere to established best practices.
Unfortunately, some doctors commit acts of medical malpractice. They are negligent, they let their egos get in the way of their decision-making process or they fail to keep up-to-date on advances in the medical field. The result is that they make major, preventable mistakes while treating their patients and cause harm instead of providing healing and relief.
What are the most common forms of medical malpractice?
Birth injuries
If there is one type of medical malpractice that is notorious and well-known, it is OB-GYN malpractice. When doctors make mistakes by failing to intervene or applying the wrong birth interventions, women can lose their fertility and infants can suffer lifelong injuries, like the development of cerebral palsy due to distress in utero.
Although birth injuries only occur in a tiny percentage of live births, they can cause catastrophic consequences for the child support, the mother and the rest of the family.
Diagnostic errors
The most common form of medical malpractice is probably a failure to diagnose or a diagnostic error. Researchers estimate that doctors in the United States make about 12 million diagnostic mistakes every single year and that as many as 80,000 people may die annually because of doctor doesn’t diagnose them properly or quickly enough.
Medication mistakes
A patient in the hospital could receive the wrong drug from a nurse or have an IV set up improperly, resulting in an overdose. Someone picking up medication at the pharmacy could receive an improperly compounded suspension or a wrongly-labeled drug.
Medication mistakes can both affect the success of someone’s treatment and cause a broad range of negative reactions if someone takes the medication that they should not. There are many other kinds of mistakes that occur frequently, including surgical mistakes and neglect in hospital facilities.
Recognizing that medical malpractice is the deviation from best practices rather than just an unfortunate outcome can help those hurt by bad medical care take appropriate legal action afterward.
On Behalf of Mallilo & Grossman Attorneys at Law | Sep 6, 2022 | Uncategorized |
Autumn is on the way. With its arrival, you can also expect rainy weather and sidewalks that will get slick with water and fallen leaves. That means that more people are likely to trip, slip and fall than ever.
While older people are particularly vulnerable to serious injuries from falls, the reality is that anybody can experience a serious injury if they hit the pavement hard enough – and many of those injuries can lead to long-term consequences.
Roughly one out of every five falls causes a serious injury, like:
Hip fractures and permanent mobility issues
Does it surprise you to learn that 95% of hip fractures are caused by sideways falls? All it takes is one moment of lost footing on a curb to end up with an injury that can land you in a nursing home and then in a wheelchair. While some victims fully recover from hip fractures, many others are left with chronic mobility problems. They may never progress in their recovery past a walker or a cane.
Traumatic brain injuries and ongoing cognitive problems
Traumatic brain injuries (TBIs) can run the gamut from minor headaches and blurred vision that both resolve after a few days, to skull fractures and brain damage that leads to chronic daily migraines, personality changes and cognitive dysfunction that leaves someone unable to work, socialize or even function independently.
A reduced quality of life and an overall decline in health
The lack of mobility and independence can create more problems for the victims of a fall than most people realize. Someone who has mobility issues may be prone to additional falls, and a lack of independence can cause depression and anxiety. That can lower a victim’s immune system and make them more prone to infections and other problems.
There’s no such thing as a “little” fall when you’ve got broken bones or a fractured skull. Find out more about your legal right to fair compensation for your losses here in New York.
How can motorcyclists stand out?
On Behalf of Mallilo & Grossman Attorneys at Law | Jun 8, 2022 | car accidents |
As a motorcyclist, one of the most frustrating issues you deal with is drivers who don’t see you. You may regularly have to evade drivers who turn out in front of you or try to merge into you, even though you are reasonably using your right to the roadway.
There are some things that you can do to help yourself stand out. Doing those things might help you avoid a crash, preventing serious injuries and the risk of death. Here are three that you may want to consider.
- Brighten up your look
The first thing to consider is brightening up the way you look on your motorcycle. For example, if you have an all-black motorcycle and wear black gear, it’s much less likely that people will see you (especially at dawn, dusk or night).
It is better to wear brighter colors when you can. Opt for a bright green, orange, yellow or blue motorcycle. Choose a helmet that is white or another bright color. Use reflective gear to make sure light bounces off of you.
- Weave within your lane
You may have learned to drive within your lane but to make movement within that lane. Doing so can help you stand out more, as you will change your positioning and be more likely to appear in someone’s mirror or to capture attention from those looking over your direction. Just be careful not to weave in a dramatic or dangerous manner.
- Use your lights
Even if it’s the daytime, it is helpful for you to use the lights on your motorcycle. Lights reflect off of things and help capture attention, so they are helpful in making sure drivers see you even when they may not see exactly what you’re riding or your full form. This is particularly important when the lighting outside is dim.
These are three different things you can do to help yourself stand out as a motorcyclist. If you get hit, remember that you can take steps to hold the at-fault driver accountable and seek compensation for any financial losses that you’ve suffered as well as other damages.
On Behalf of Mallilo & Grossman Attorneys at Law | Mar 14, 2022 | car accidents |
There is a risk of getting into a car crash each and every time that you go driving. Unfortunately, some people aren’t as cautious as they should be on the roads, and their actions may lead to serious collisions, injuries and deaths.
When you suffer an injury in a collision, it is very important that you seek medical care. After you do, you should keep every document that describes your injury, details your diagnosis or otherwise refers to what you’re going through with your wounds.
Why is good documentation important after a collision?
It is important to have good documentation because you will have a better chance of making an insurance claim that gives you the results that you want. For example, if you don’t go to the hospital and get care right away, you open up the risk of the insurance company claiming that your injuries weren’t related to the crash. If you don’t keep copies of your hospital records or doctor’s notes, it will be harder to prove when you were seen, what was said during the appointment and the state of your injuries at that time.
Good documentation will support a better claim
Good documentation does support getting a better settlement offer or payment of your personal injury claim, because you’ll have some proof to show how much you’ve paid so far. With additional diagnostic paperwork, you may be able to support a claim for compensation that looks to the future and the possible surgeries or treatments you will need at that time, too.
For the best possible settlement or claim, it’s necessary to have all of your medical paperwork ready for the insurance company. Additional items may help too, like a doctor’s letter or witness statements about your health and how you’ve been impacted by your injuries.
After a crash, it is your right to make a claim for compensation against an at-fault driver. Building your case with good documentation will help make sure you get the most out of your claim, so you can focus on your recovery instead of the financial losses you’ve faced.
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