For over thirty years, the Ginarte Law Firm has been fighting for the rights of accident victims throughout the New York / New Jersey area. Our practice includes work-related accidents, slip and falls, automobile accidents, product liability cases, construction site accidents, and other types of personal injury cases. Our attorneys also have extensive experience in wrongful death cases. [Read more…]
Latino workers are injured on the job at a disproportionate rate
Over 4.1 million people in the United States suffer a workplace injury per year. [i] More than 2 million of those injured workers miss work and need ongoing medical care. [Read more…]
Ice and snow on a sidewalks keep doctors busy
According to CBS news, doctors specializing in ankle and wrist injuries can expect an increase in business by 20-30% the days following a snow storm. [i] Many of these injuries are preventable. New Jersey law has established laws to protect and compensate those injured as a result of any icy sidewalk. [Read more…]
Hurricanes and Personal Injury
Hurricanes and natural disasters are traditionally viewed as Acts of God. If a person is injured as a result of an Act of God, meaning that the cause of an accident was purely a natural force that “could not have been prevented by any amount of foresight and pains and care reasonably to be expected of [a defendant]”, then the injured party cannot recover any compensation. Nugent v. Smith, 1 C.P.D. 423, 444 (C.A.1876). [Read more…]
New York Fatal Crash Kills Four Teenagers
Four 18-year-olds were killed in West Hempstead, N.Y., on October 2012 when their car went out of control on a curve on the Southern State Parkway and crashed into a tree, according to an Associated Press report. The 17-year-old driver, who had a learner’s permit, survived the crash, which split the vehicle in half. [Read more…]
$1,000,000 Awarded for Pain & Suffering due to Shoulder Injury
In Rubio v. New York City Transit Authority, the Appellate Division, First Department reduced a damages award of almost $2.5 million dollars to $1 million for pain and suffering due to a shoulder injury. Joseph Rubio was boarding a kneeling Transit Authority bus when the steps of the bus rose without warning, causing him to fall forward and hurt his shoulder. Of note, it was Rubio’s dominant shoulder which was later operated on to repair the subscapularis and supraspinatus. Rubio also sustained a post-operative infection at the surgical site. Rubio sued the Transit Authority alleging the bus driver was negligent in his operation of raising the kneeling bus while Rubio was still in the stairwell while boarding. Notably, Rubio did not report the accident to the police or Transit Authority, nor was an ambulance called to assist Rubio. Rubio also did not immediately seek medical attention; he went to work and only later went to see his doctor. Due to these misgivings, the Transit Authority argued that the accident never happened. [Read more…]
Dog in Car May Have Contributed to Deadly Accident
Investigators believe that a dog loose in a car may have contributed to a recent crash that killed a married couple and injured three others on September 2012 as they were walking home from a religious service in New Brunswick, N.J. Investigators said the driver of a 1998 Toyota Avalon lost control of the vehicle, struck a utility pole and then hit the pedestrians. The driver’s pet dog was in the car at the time and may have been a factor in the accident, authorities said. [Read more…]
The Difficulty of Medical Malpractice: Deviation from Standard of Care
Medical malpractice occurs when a health care provider renders treatment that deviates from the accepted standard of practice in the medical community. Essentially, the care provided does not meet the requisite level of care that should have been given by the medical professional, leading to personal injury or even death of the patient. [Read more…]
Brooklyn Building Collapse Kills Construction Worker
A construction worker was killed and a second was seriously injured this month when a building partially collapsed as concrete blocks were being loaded onto the roof. Another worker said that before the collapse, a supervisor had tried to warn a crane operator not to drop more blocks on the roof. “The building was already shaking. It had too much stuff. It was overloaded,” said bricklayer Ignatius Regis. [Read more…]
Boater Indicted on Manslaughter Charge in Boating Crash
A New York investment banker has been indicted on charges of manslaughter, reckless endangerment and endangering the welfare of a child stemming from a boating fatality two years ago. The 41-year- old Jersey City resident recently pleaded not guilty in a Manhattan Supreme Court. [Read more…]
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