Long Island DWI Crash

On March 13, 2016, in Criminal, Litigation, Motor Vehicle Accident, Personal Injury, by John A. Weber IV, ESQ.

 

Long Island DWI Crash

A motor vehicle accident in Kings Park seriously injured a passenger and resulted in a DWI charge for the driver.  The passenger was taken to the hospital by helicopter.  The driver’s arraignment will take place in Central Islip’s First District Court today.  DWI’s remain a very serious problem on Long Island.

The passenger injured in the accident will be permitted to file a No Fault insurance claim through the insurance of the vehicle he was riding inside.  This passenger may also be able to recover compensation for his injuries in a personal injury lawsuit.  Compensation for such an accident will require litigation.  In motor vehicle accident cases, it is also necessary to explore umbrella insurance coverage because often times the policy limits for the vehicle are insufficient to make the victim whole again.  Asset searches should be explored in the event that all insurance coverage options are lacking.  Although the well being of the victim is always the primary concern, it is important to know your rights if you are unfortunate enough to be the victim of a DWI or DUI related accident.

To get a fuller perspective, this story is available on Newsday.com authored by Lisa Irizarry, and News 12 Long Island.  The epidemic of DWI and DUI incidents on Long Island does not seem to be subsiding and injuries and fatalities are still a concern.  Personal injury and wrongful death actions are regularly commenced in Nassau and Suffolk County Courts because Long Island roads are still filled with drivers who have had too much to drink before getting behind the wheel.  Hopefully, this will change in the near future; but for now, knowing your rights are the best we can settle for.

DWI Attorney in Long Island

If you are arrested for a DWI or injured in a DWI related crash, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney who can help you today!

Assumption of Risk in Personal Injury

On November 12, 2015, in Message/News Board, by John A. Weber IV, ESQ.

In the world of Personal Injury and General Tort Litigation, there is a concept referred to as “Assumption of Risk.”  This concept is a defense to the plaintiff’s claim that can defeat the entire claim.  Certain activities have inherent risks.  These risks are well known or should be known to the possible claimant.  In some scenarios, the plaintiff’s skill and experience in participating in a certain activity can form the basis of the defense.  The defense actually works to negate the duty of care owed by the defendant to the plaintiff.  The New York case law is flooded with cases where the assumption of risk defense is raised.  Although a common misconception is that this defense is only applicable for sporting events and recreational activities, it is also applicable to other scenarios.

Personal Injury Attorney in Long Island

If you or a loved one are involved in an accident where you believe the assumption of risk doctrine could be asserted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a personal injury attorney today!

Car accident leads to 1.5 million dollar verdict

On November 5, 2015, in Personal Injury, by Robbie L. Vaughn, Esq.

Car Accident Verdict

Barclay Taylor v. Ilenia Cangelosi & Joseph Robles, No. 15650/12 (Kings – Supreme)

Plaintiff alleged that he was driving east across New York’s Verrazano-Narrows Bridge, when the rear of his vehicle was struck by a car being driven by Ilenia Cangelosi. Plaintiff alleged that his vehicle was pushed forward and struck the rear of another vehicle. Plaintiff sued the driver for negligent operation and the vehicle owner for vicariously liability.

Plaintiff claimed that he sustained a herniated disc and two bulging discs. He underwent about 12 months of physical therapy and several injections of painkillers. He eventually underwent a percutaneous discectomy (a procedure that involved removing part of a disc). Plaintiff also claimed that, as a result of his injuries, he was unable to work for four months, suffers permanent residual pain and can’t lift heavy objects or perform rigorous tasks. He also said he must use a cane, may need to have a pain-relieving device implanted in his spine and may need undergo spinal fusion.

Plaintiff sought recovery of $15,000 for past medical expenses, $850,000 for future medical expenses, $885,000 for past pain and suffering, and $1.35 million for future pain and suffering.

Defense counsel argued that Plaintiff did not sustain a serious injury and his current pain may be caused by diabetes and/or obesity.

The jury found that Taylor sustained a serious injury and determined his damages totaled $1.5 million.

Not every car accident verdict will be seven figures.  But not every injury will warrant seven figures.  The important thing is that your car accident verdict compensates you for your degree of injuries sustained in the car accident.

Car Accident Attorneys

Car accident cases are very common in New York.  The volume of cars on New York roadways will only mean that car accidents will continue to occur in very high numbers  If you or a loved one are involved in a car accident and need legal assistance, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!

 

Legionnaires’ Disease In New York City

On August 5, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Legionnaire’s disease is a severe form of pneumonia caused by bacteria found in water whose symptoms include cough, shortness of breath, high fever, muscle aches and headaches and in most severe circumstances death. The symptoms can often be confused with other illnesses. As we have seen in the recent news, the number of cases of Legionnaire’s disease in New York has increased exponentially over the past several years due to reasons including lack of regulation. While most healthy adults can recover from the disease with the use of antibiotics, elderly adults and children who have diminished or weakened immune systems are at particular risk from Legionnaire’s disease and should seek medical treatment immediately. The New York Daily News provided a great article authored by Erin Durkin , Erica Pearson , Larry Mcshane on New York City’s current struggle and it can be found here.

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan