A construction worker was seriously injured last week when he slipped and fell 15 feet to the ground as he was installing a steel beam at 3 World Trade Center in New York City. He suffered a head injury and broke both arms, according to news reports. Only a thorough investigation by authorities will tell us why the accident occurred; however, John Gallagher, a spokesman for Tishman Construction, which serves as the construction manager for 3 World Trade Center, said that at the time the worker was following all OSHA-prescribed safety procedures. [Read more…]
Can I Sue the Estate of the Person Responsible for My Injuries?
The legal system in the United States allows a victim who has been injured in a personal injury accident to file a lawsuit against the person, or entity, responsible for those injuries in order to recover damages. But what happens if the person who is responsible for your injuries is deceased? This is a question that comes up frequently and one that actually has a fairly simple answer. If the person responsible for your injuries is deceased, you are entitled to pursue compensation for your injuries by suing the decedent’s estate. Although the answer is rather simple, pursuing a lawsuit against someone who is deceased can be complicated and time consuming because of the procedural requirements involved. [Read more…]
Ginarte Law Firm Fights Against Excessive Police Force
Earlier this summer, Firm Founder Joseph A. Ginarte announced the filing of a federal lawsuit against the City of New Brunswick and its Police Department. The case involved the tragic police shooting of Victor Rodriguez, a 19 year old resident of New Brunswick. On the night of January 31, 2012, Mr. Rodriguez was shot in the back by New Brunswick Police Officers as he was attempting to break up a fight. Mr. Rodriguez sustained traumatic injuries including paralysis of his lower extremities. As a result, Mr. Rodriguez will require the use of a wheelchair for the rest of his life. [Read more…]
You Have The Right To Adequate Security
Each year the FBI releases data on violent crimes throughout the country. Consistently, the FBI in their Uniform Crime Report find that over a million violent crimes are “reported” each year. Individuals generally rely on security when they are at bars, hotels, restaurants, shopping centers, or apartments. Many victims of these violent crimes are unaware that they may have the right to seek compensation as a result of being the victim of a crime. [Read more…]
New York’s Dram Shop Laws – When Is A Bar or Restaurant Liable for a Drunk Driver’s Actions?
Despite the best efforts of groups like Mothers Against Drunk Drivers, or MADD, and government campaigns to educate people about the risks of driving under the influence of drugs or alcohol, we continue to hear news accounts of drunk drivers who seriously injure, or even kill, innocent motorists and pedestrians. [Read more…]
Conscious Pain & Suffering in a Wrongful Death Action: Sanchez v. City of New York
In New York, the individuals who may recover damages in a wrongful death claim are set forth in the New York Estates, Powers & Trusts Law 5-4.1 et seq. (commonly referred to as the “Wrongful Death Statute(s)”) which also lists specific requirements a party must follow in order to successfully prosecute a claim. For example, a duly appointed representative of the decedent’s distributees may bring the wrongful death claim on their behalf against the tortfeasor who committed the conduct which caused the decedent’s death. [Read more…]
The Importance of Preserving Evidence in Car Accident Cases
If you have been injured in a car accident, you may be entitled to compensation. But whether you receive compensation, and how much, could hinge on how well evidence is preserved in the case. [Read more…]
Bicyclist Killed by Tractor-Trailer on Route 88 in New Jersey
Tragedy struck on the morning of August 16 in Brick, N.J., when a bicyclist was killed in a collision with a tractor-trailer. According to a news report, the bicyclist, a 48-year-old Point Pleasant man, was on the edge of Route 88 when he stopped for a red light. The tractor-trailer, which was headed in the same direction, also was stopped at the light. When the light turned green, the bicyclist proceeded forward; however, the tractor-trailer began a right turn, striking the cyclist. Numerous witnesses, including the driver of the tractor-trailer, tried to help the cyclist, but he was pronounced dead upon arrival at a hospital. [Read more…]
New Jersey Man Burned in Construction Accident
A worker was seriously burned this month in Middleton Township, N.J., when his gasoline-soaked clothing caught fire. According to news reports, the man was driving a skid-loader when he and other workers smelled gas. The worker tried to take the lid off the gas tank, but the lid blew off the tank and gas sprayed out, soaking his clothes. Later, a hot muffler or other ignition source from construction equipment caused a spark, and the man’s clothes caught fire. Co-workers were able to put out the blaze with a garden hose, but the man had to be hospitalized with burns over 20 percent of his body. [Read more…]
Mechanic Sentenced in Fatal Manhattan Crane Collapse
A mechanic has been sentenced to a year of community service for his part in the deadly collapse of a crane in Manhattan in 2008. Authorities said the mechanic had performed a “penny-pinching, shoddy repair to a crucial component of the 200-foot-tall crane,” which snapped apart just one month later. Two workers were killed and many other people were injured. [Read more…]
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