Brooklyn Construction Accident Leaves One Dead, Three Injured

Posted on May 17, 2012 by admin

A Brooklyn accident claimed the life of a 25-year-old construction worker earlier this month. This accident also injured three of his co-workers. The accident occurred when the second story flooring of a private home that the men were remodeling collapsed. Brooklyn resident Santos Garcia was standing on the flooring when it gave way. When emergency personnel arrived on the scene of the accident, Garcia was unresponsive. The other three workers were injured in the accident when debris rained down on them from above.

This collapse follows on the heels of a similar accident in Harlem last month when a worker was killed working on the Columbia University renovation. Both the city Buildings and Permits Department and the general contractor who employed the Brooklyn workers are investigating the accident. The city did issue a building permit for the site.

The Brooklyn house will now be demolished as it is considered structurally unsound following the accident. A neighboring house has been evacuated until the demolition is complete so that the damaged house does not fall on it and cause another accident to occur.

The tragic loss of life is a sad reminder that an accident can happen at any work place at any time. Though Brooklyn employers are required to carry workers comp insurance, employees or their families sometimes find that legitimate benefits are denied. If you are having difficulty getting your benefits following a work accident, an experienced Brooklyn accident lawyer can help. The lawyers at The Law Offices of Macaluso & Fafinski specialize in work accident litigation. Your Brooklyn accident lawyer will make sure that all responsible parties are held accountable and that you receive the compensation that is rightfully yours.

With offices in the Bronx, New York, and on Wall Street, the proven, aggressive accident lawyers and medical malpractice attorneys of Macaluso & Fafinski, P.C. represent clients in Brooklyn and throughout the five boroughs of New York City. Contact us if you have been the victim of work-related accident and know that someone should be held accountable. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation with a Brooklyn accident lawyer will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Product Liability, Medical Malpractice, or Both?

Posted on May 7, 2012 by admin

A lawsuit has been filed in federal court this month against Intuitive Surgical and the da Vinci surgical robot following the death of a 24-year-old hysterectomy patient. The suit against Intuitive is in addition to a separate medical malpractice claim filed in a New York court against Montefiore Medical Center in the Bronx and the doctor who performed the surgery.

The lawsuit alleges that there are design flaws in the robot that contributed to the death of Kimberly McCalla. In addition, McCalla’s father, who brought the suit, claims that Intuitive Surgical did not provide adequate training to physicians on how to properly use the machinery. This has led to accusations of medical malpractice. According to the medical malpractice lawyer who represents McCalla’s father, similar suits are being filed across the country.

Whether it is a case of product liability on the part of Intuitive Surgical or medical malpractice on the part of the surgeon or a combination of both, the tragic result is that a young Bronx woman is now dead. Medical malpractice constitutes such a serious breach of trust because we all depend on our doctors and others in the medical profession to act in our best interests. If you or a loved one has suffered unnecessarily as the result of medical malpractice, a lawyer can help. The Law Offices of Macaluso & Fafinski in the Bronx specialize in medical malpractice litigation and will make sure that you get all of the compensation that your situation warrants. Contact a Bronx medical malpractice lawyer at Macaluso & Fafinski today to review the merits of your case, determine who is liable, and ensure that appropriate compensation is awarded.

With offices in the Bronx, New York, and on Wall Street, the proven, aggressive injury attorneys and medical malpractice lawyers of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City. Contact us if you have been the victim of medical malpractice and know that someone should be held accountable. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation with a Bronx medical malpractice lawyer will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Bronx Woman Hit in Auto Accident in Glen Rock

Posted on April 27, 2012 by admin

A 43-year-old Bronx woman was driving her Subaru in Glen Rock this past week when she was injured in an auto accident after a woman, 83-years-old, allegedly failed to stop at a traffic light. The impact was so intense that the older woman’s Nissan was propelled into the yard of a home at the intersection. Volunteer emergency personnel responded to the scene of the auto accident and treated the Bronx woman and her passenger, though they declined to be taken to the hospital. The driver of the Nissan was also treated and then taken to a nearby hospital to be treated for chest pains that appeared to be the result of the airbag having deployed.

The auto accident was a startling reminder to both the driver from the Bronx and the driver of the Nissan of how easily an auto accident can cause injury. Obviously, neither woman left their homes that morning intending to be in an accident, to damage anyone else’s auto, or to sustain an injury. However, in one distracted moment, a red light can be missed, and the consequences can be serious.

If you have been injured in an auto accident, it is important that you receive complete medical care so that you can heal and recover from your injuries. Often, however, it takes an auto accident lawyer to ensure that insurance carriers will cover all of the necessary diagnostic tests and pay for all of the necessary treatment. At the Law Offices of Macaluso & Fafinski, you will find an auto accident lawyer in the Bronx who specializes in such litigation and who will make sure that you get the medical treatment that you need to recover from your injuries. Contact a Bronx auto accident lawyer at Macaluso & Fafinski today, to make sure that your injuries are properly diagnosed and treated and that compensation is on the way.

Auto Accident Lawyer Bronx – With offices in the Bronx, New York, and on Wall Street, the proven, aggressive auto accident lawyers and malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City. Contact us if you have been injured in a car accident and believe someone should be held accountable. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation with an auto accident lawyer in the Bronx will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Narrow Road Will Lead to More Accidents, Say Bronx Residents

Posted on April 25, 2012 by admin

CBS-News2 is reporting that many Bronx residents who live along part of a service road are claiming that the road has become an auto accident waiting to happen. Pelham Parkway has been the site of numerous auto accidents since well back into the 1980s. The stately trees that grew alongside of the road had become so large that they were growing into the street, obscuring drivers’ vision and contributing to accidents. These accidents often resulted in fatalities and serious injury.

The city received federal money to take care of the problem, but that meant that the sidewalks then had to conform to ADA (the Americans with Disabilities Act). Sidewalks were widened such that the road is now only 26 feet wide instead of the standard 30 that is considered the norm for a New York City one-way street.

A public hearing has been scheduled, but Bronx residents say that the damage has already been done. One woman complained to reporters that it is going to take a serious auto accident before the city will take responsibility, but then it will be too late. Given that several residents have already publicly voiced concerns over the dangers of the road and the possibility of an auto accident, the city could very well be liable if an accident were to occur and it could be proven that it was the result of the narrowness of the roadway.

If you believe that a third party is liable for an injury that you have sustained in an auto accident, you need an experienced auto accident attorney in the Bronx at your side. The attorneys at The Law Offices of Macaluso & Fafinski right here in the Bronx specialize in auto accident litigation, and they will make sure that all responsible parties are held accountable.

Auto Accident Attorney Bronx – With offices in the Bronx, New York, and on Wall Street, the proven, aggressive auto accident attorneys and medical malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City. Contact us if you have been the victim of an auto accident and believe that someone should be held accountable. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation with an auto accident attorney in the Bronx will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Life on the Edge: What You Should Know About Premises Liability Law

Posted on April 18, 2012 by admin

You may not think you live life on the edge, but these cases might make the edge seem closer than you think:

An intruder struck and threatened a Brooklyn woman in her apartment complex elevator. Her injury attorney in Brooklyn negotiated a $200,000 settlement.

A 43-year-old motorcyclist exited a parking garage at a shopping mall in Brooklyn. As he exited, the parking gate fell on him, flinging him from his motorcycle onto the ground. His injury attorney in Brooklyn negotiated a mediated settlement of $2,650,000.

A New York man slipped on pigeon droppings on the subway steps. He received $6 million from the city because he was left permanently disabled.

In each case, the Brooklyn injury attorney negotiated monetary damages under the New York Premises Liability law.

Premises liability requires an injury attorney to prove negligence on the part of the person responsible for the property. The injury attorney must establish that the owner knew, or should have known, that a dangerous condition existed. Premises liability runs the gamut of hazards, from a slippery floor to a defective elevator. Resulting injuries might be a sprained ankle or major head trauma. The common denominator is negligence.

If you’re a homeowner, you aren’t immune from premises liability. The law requires that you maintain your property in a reasonably safe condition. Two issues are critical if you are sued: knowledge of the hazard and actual time to fix it. If that porch railing has been loose for months, and your neighbor falls when it gives way, you could be liable for damages if she is injured.

Injury Attorney Brooklyn – With offices in Bronx, New York, and on Wall Street, the proven, aggressive personal injury and malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City: Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Contact us if you have been harmed and you need the expertise and guidance of an injury attorney in Brooklyn. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Be Prepared: Things to Consider If You Get Hurt

Posted on April 17, 2012 by admin

No one expects to get hurt taking a walk or riding in an elevator, but every day, people suffer unforeseen and unfortunate accidents. Sometimes injuries are minor, just cuts and bruises that need only a bandage and a bag of frozen peas. Other times, injuries cause debilitating and permanent damage and call for the expertise of an injury attorney.

For one woman in the Bronx, the simple act of getting into an elevator became a life-altering event. The elevator, which had a history of mechanical and electrical problems, fell several floors, causing the woman serious and lasting injuries. Her injury attorney in the Bronx was successful in securing a settlement on her behalf in the amount of $1.5 million.

We can’t prepare for accidents – and who would want to live life like Chicken Little waiting for the sky to fall? But if the sky (or elevator) does fall, consider an experienced injury attorney in the Bronx, who will deal with the legal issues of your accident on your behalf. Here are some tips for selecting an injury attorney:

Find an injury attorney experienced in the law related to your injury. If you are hurt in a construction accident in the Bronx, select a construction lawyer familiar with workplace safety standards of New York.
Be careful what you say to insurance company attorneys. They serve the insurance company, not you.
Discuss the fees for your case. Some injury attorney firms in the Bronx offer a free case review to determine if your claim is valid. Most firms work on a contingency, meaning that they are paid out of the compensation you receive.
Select an injury attorney in the Bronx with a successful track record. Expertise can make the difference in the amount of the financial verdict.

Injury Attorney Bronx – With offices in Bronx, New York, and on Wall Street, the proven, aggressive personal injury and malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City: Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Contact us if you have been harmed and you need the expertise and guidance of an injury attorney in Bronx, NY. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Five Questions to Ask Your Personal Injury Lawyer

Posted on April 2, 2012 by admin

A Bronx, New York driver’s life was wrecked when a vehicle crossed a double yellow line in front of his car. He won $8 million to compensate for a debilitating brain injury. While money cannot give him back his past life, it can make the difference between financial hardship and future financial security.

Enter the Bronx personal injury lawyer. If you are injured, this legal expert negotiates with the insurance company to reach a fair settlement or takes your case to trial to win you suitable compensation. At your first meeting with your Bronx personal injury lawyer, you will answer questions about your injury to determine if your case has merit. But don’t forget that you are also determining whether or not this personal injury lawyer is the right one for you.

Here are five questions to ask your Bronx personal injury lawyer:

1. What types of personal injury cases have you handled, and how many have you won? Find out if the cases are recent or ancient history. You want a personal injury lawyer who is keeping up with changes and developments in this field. Past glories are nice, but recent glories are better.

2. Have you handled a case similar to mine, and what was the outcome? You want to know your chances for a good settlement. A successful conclusion is more likely if this personal injury lawyer is on top of all the issues related to injuries like yours.

3. What is the cost of litigation, and what fees will I be responsible for? Don’t be afraid to talk money. Most Bronx personal injury lawyers work on a percentage of the successful financial verdict. Don’t assume, however, that you won’t have to pay anything. Clarify and confirm fees ahead of time.

4. How long will it take to settle my case? Some cases last for years. If the lawyer is reluctant to estimate, ask about worst-case, best-case scenarios.

5. What is the projected outcome of my injury case, and what problems can you foresee with it? You want a personal injury lawyer who will level with you about potential obstacles, even if the lawyer is confident that you can win your case.

Bronx Personal Injury Lawyer – With offices in Bronx, New York, and on Wall Street, the proven, aggressive personal injury and malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City: Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Contact us if you have been harmed and you need the expertise and guidance of a Bronx personal injury lawyer. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Auto Accidents Happen but You Can Be Prepared

Posted on March 17, 2012 by admin

First, the good news: Between 2005 and 2009, traffic fatalities decreased almost five percent nationally. Now the bad news: 172,000 auto accident fatalities still occurred. When we grab our coffee and head to work, we aren’t worried about an auto accident. Otherwise, we might never leave the house. But auto accidents in Brooklyn do happen, and we can be involved in one even if we aren’t driving.

In 2011, a Brooklyn businessman was riding in the front passenger seat of a car when a New York City sanitation truck slammed the car from behind. Both he and the driver were taken to the hospital. The passenger was injured and won a settlement with the help of an experienced auto accident attorney in Brooklyn.

So, what should you do when the unforeseen auto accident happens?

If you’re hurt, stay in your car unless it’s unsafe.
Talk to the police to get an official police report of the auto accident.
If you can, get the names, addresses, and phone numbers of witnesses.
If you’re injured, insist on going by ambulance to a hospital, and tell hospital personnel exactly what hurts.
Don’t discuss the auto accident with insurance reps until you contact an auto accident attorney.

Auto accident attorneys in Brooklyn help clients recover money for such things as medical expenses, lost wages, and physical pain and suffering. Auto accident attorneys in Brooklyn can help file claims, get police reports, talk to witnesses, and take photographs of the accident scene.

Don’t delay because a statute of limitations may apply, which limits the time you have to file a lawsuit.

Auto Accident Attorneys Brooklyn – With offices in Bronx, New York, and on Wall Street, the proven, aggressive personal injury and malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City: Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Contact us if you have been harmed and you need the expertise and guidance of auto accident attorneys in Brooklyn. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Does Personal Injury Apply Only to Physical Injury? The Answer is No.

Posted on March 2, 2012 by admin

While the legal term “personal injury” often refers to bodily injury, it may also apply to harm inflicted upon one’s mind and emotions. If a person’s body, mind, or emotions have been injured due to the actions of another in Brooklyn for instance, then a personal injury lawyer in Brooklyn should be consulted to sort out the facts and determine whether the offending party owes compensation to the injured.

What would be an example of personal injury to one’s mind and emotions? Let’s use an example that surely plays out on a regular basis on Facebook. In this scenario, a couple has separated, presumably moving on with their lives and seeing other people. One of the exes meets a new love interest on Facebook, and the two are fairly open about their budding romance. The other ex gets wind of the new relationship and begins to follow the new couple online, despite privacy settings that should preclude such activity. One day, the new love interest opens her mail to discover copied pages of the new couple’s Facebook interactions, conversations, photos, and exchanges with family and friends. As it turns out, the other ex is making it clear that not only is she spying on the new couple, but she has also gone to the necessary lengths to determine the new love interest’s home address, which is not on Facebook. By mailing these copies, the stalker has made contact and has also indicated that she has done some pretty extensive spying which could be construed as threatening and could easily cause extreme stress and fear (injury to the mind and emotions) to the new love interest as such mail continues to arrive.

If an unwelcome party has used the Internet to discover extensive personal information about you, and if the person has taken the next step to establish contact, you may well have a personal injury case in which the perpetrator could be held liable for damages. Whether the person has engaged in these acts in an indirect manner, has used such information to attempt to harm you publicly, or has made efforts to contact you in an even more direct manner, it is considered harassment, and it is against the law. While the criminal courts can ably prosecute cases of stalking, you won’t receive compensation from a criminal proceeding. An accomplished personal injury lawyer in Brooklyn, however, may be able to secure compensation for any losses you’ve incurred and anguish you’ve suffered as the result of the stalking and harassment.

Personal Injury Lawyer Brooklyn – With offices in the Bronx, New York, and on Wall Street, the proven, aggressive personal injury and malpractice attorneys of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City: Bronx, Brooklyn, Manhattan, Queens and Staten Island, NY. Contact us if you have been harmed and you need the expertise and guidance of a personal injury lawyer in Brooklyn. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation will be free, and you will not need to take on financial risk if we are able to pursue your case.

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Intentional Radiation Overdose by CT Brain Perfusion Scan is Clear Case of Medical Malpractice

Posted on February 20, 2012 by admin

In 2010, prompted by an inconclusive investigation by the Food and Drug Administration, the NY Times set out to do an examination of radiation overdose as a result of the CT brain perfusion scan. The Times review unearthed the fact that overdoses were occurring at an alarming rate and that they were larger and more widespread than realized. The review also revealed some details as to exactly how and why such overdoses occur, and why victims should consult a medical malpractice lawyer.

Some cases of radiation overdose were attributed to the fact that technicians did not have sufficient training to administer the scan properly. In such cases, hospitals and manufacturers have failed to providing proper training, and flaws in software and equipment design must be considered, as well. However, in the hospital that was found to have the biggest overdoses of radiation—up to 13 times the amount of radiation necessary—hospital officials said that such levels were used intentionally for the sake of clearer images. Even when the scan is performed properly, it delivers a large dose of radiation (equivalent to 200 x-rays). The practice of exceeding that amount is unjustified, dangerous, and constitutes medical malpractice.

Patients who receive overdoses of radiation from the CT brain perfusion scan experience distinctive hair loss that manifests in a band pattern around the head, headaches, memory loss, and confusion. High doses of radiation also predispose patients to an increased risk of brain damage and cancer.

As states look more closely at this practice, and as awareness grows among patients, the discovery of radiation overdose will likely be on the rise, if this review is indicative of use around the nation. And who’s ultimately responsible? The tech? The hospital? The manufacturer? While one major manufacturer says that the dose of radiation is at the discretion of the end user, hospitals point to another major manufacturer and say that their recommend dose is too much.

If you have had a CT brain perfusion scan and live in the Bronx, and have any of these symptoms, consult a Bronx medical malpractice lawyer to sort out the facts and determine who’s responsible for the overdose.

Bronx Medical Malpractice Lawyer – The proven, aggressive personal injury and Bronx medical malpractice lawyers of Macaluso & Fafinski, P.C. represent clients throughout the five boroughs of New York City: Bronx, Brooklyn, Manhattan, Queens and Staten Island, NY. Contact us if you have been harmed and believe someone should be held accountable. Visit http://www.lawyers24-7.com/ or call 718.364.4000 to schedule a consultation. Your initial consultation will be free, and you will not need to take on financial risk if we are able to pursue your case.

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