Suffolk County police investigate the scene of a

(Image from Newsday.com)

Pedestrian Knockdown

A pedestrian knockdown is one type of personal injury case that is growing in number on Long Island.  A pedestrian knockdown is when an individual is struck by a motor vehicle and suffers injuries.  A pedestrian knockdown does not necessarily imply criminal conduct such as that in a hit and run, texting while driving or DWI incidents; although they can.  Often times, pedestrian knockdown cases arise out of nothing more than a mere accident.  Just the latest example of this type of accident occurred in Copiague and was reported by News 12.

Whether arising out of criminal conduct or not, pedestrian knockdown cases almost always result in personal injuries.  It is common sense that the human body is not built to withstand an impact from a motor vehicle in motion.  Therefore, when a pedestrian knockdown occurs, the victim has anxiety and a lot of questions.  It is important to understand that a personal injury attorney can assist you in answering questions such as how to seek medical advice, whose insurance pays for medical treatment, how liability for the accident is assessed and determining if a personal injury lawsuit should be commenced.  Having answers to these questions will allow the victim to focus all of their energy on recovering and calm the concerns of their family.  Most people often underestimate the importance of consulting with a personal injury attorney.  It is important to remember that being injured in an accident is very traumatic and scary.  The experience is exacerbated by not knowing how to handle the “fall-out” from the accident or lessened by having people around you who do.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially a pedestrian knockdown, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

 

 

Slip and Fall Accidents in New York

On February 20, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

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Slip and Fall Accidents

In New York a “slip and fall” accident generally means that a person has slipped on a foreign substance (i.e. water, oil, debris, etc.). “To recover in a slip and fall action, a plaintiff must be able to show that the defendant (or his employees) failed to remove the hazard or foreign substance from the floor creating a dangerous condition, or that the defendant (or his employees) failed to warn the plaintiff of a dangerous condition that could not readily be detected. The defendant must either be actively responsible for the slippery condition—as, for example, where the defendant’s employee has applied excessive polish or spilled a slippery substance on the floor—or must have actual or constructive notice of the hazard.” See Khanimov v. McDonald’s Corp., 121 A.D.3d 1052, 995 N.Y.S.2d 191, 193 (2d Dep’t 2014). 3-27 New York Practice Guide: Negligence § 27.01 (2015). Often times, proving that the owner had “notice” is the most difficult aspect of “slip and fall” cases. Actual notice is an express statement detailing the condition. Constructive notice refers to the reasonable forseeability of the condition, inferred from the specific circumstances. Because the ability to prove notice will decrease over time, it is important to act quickly and seek the advice of an attorney if you are injured in a “slip and fall” accident.  An attorney who practices in the area of personal injury law would be best suited to answer questions and give direction on how to proceed in these cases.

Personal Injury Attorneys

If you have suffered an injury due to a “slip and fall” accident, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney 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!

Legionnaires Disease Infects Several People

The disturbing outbreak of Legionnaire’s Disease in New York City is a cause for concern.  Since Legionnaire’s Disease is generally preventable, a diagnosis of Legionnaire’s Disease may lead to a claim for wrongful death, medical malpractice or negligence.  The CNN story by David Shortell can be viewed by clicking here.

Personal Injury Attorney in Mineola

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

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