Train Derailment

On January 4, 2017, in Message/News Board, by John A. Weber IV, ESQ.

LIRR Crash At Atlantic Terminal

(Image from CBS New York)

TRAIN DERAILMENT

For the second time within one year, the New York Tri-State area has seen a train derailment due to human error, poor maintenance and otherwise negligent behavior cause serious injuries to patrons who are simply trying to get to work. Whether the train conductor fell asleep at the controls, the controls malfunctioned or the train hardware was defective, working men and women are put at risk for serious injury when a train derails and goes off its’ tracks. Back in September of 2016, an out of control train crashed into the platform killing one young mother and injuries dozens more. In May of 2013, a Metro-North Passenger train derailed in Fairfield Connecticut and injured over 65 of the 250 people on board. Today, a Long Island Rail Road train derailed and crashed into the platform injuring over 100 people. Since these trains are operated by government, state and quasi state agencies, the time to file a Notice of Claim against these agencies is limited and quick. If you were injured in a train derailment or any other train accident, contact us immediately to preserve your rights. Waiting too long to contact an attorney can jeopardize and/or bar your claims.

http://www.nbcnewyork.com/news/local/LIRR-Train-Derails-in-Brooklyn-409638225.html

http://newyork.cbslocal.com/2017/01/04/recent-train-derailments/

http://abcnews.go.com/US/connecticut-commuter-train-crash-fbi-finds-foul-play/story?id=19207987

Train Accident Attorney

When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.

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NOTICE OF CLAIM REQUIREMENT

Before one can bring a lawsuit to collect damages against a city, town, or a public agency in the state of New York, a notice of claim requirement must be satisfied. A claimant has ninety days during which to file and comply with the notice of claim requirement or they will be barred from bringing the action. This is not the same as the statute of limitations.  The statute of limitations against municipalities is one year and ninety days as opposed to the normal statute of limitations for personal injury matters in New York which is three years.

One of the main purposes of the notice of claim requirement is to give the government a thirty-day time window upon receipt of the notice of claim to request a “50-H” hearing. This hearing is somewhat like a deposition and it is an advantage that non-government entities do not receive. It gives the government an extra opportunity to acquire information and testimony it may use to defeat a claim. The government may also request a medical examination during this thirty-day time period. Every municipality has the power to designate who must be served with the notice of claim and if the notice of claim requirement is not satisfied, the claim itself will be barred forever.  It is important to determine who it should be served on before attempting to serve a notice of claim.

It is advisable to speak with an experienced personal injury attorney before attempting to comply with the notice of claim requirement. The barring of the action for failure to comply with the notice of claim requirement is a strict penalty and not worth the risk of attempting this task pro se.

Personal Injury Attorney

Retaining an attorney that understands the process of suing a municipality can make all the difference in your case. When you or a loved one are injured by the negligence of a municipality, you need a personal injury attorney who understands the process. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced personal injury attorney.

Hit and Run

On September 14, 2016, in Message/News Board, Motor Vehicle Accident, Personal Injury, by Timothy B. Prakope, Esq.

Hit and Run

We tend to not think of hit and run car accidents as a major issue in New York.  Unfortunately in a large city such as New York, there are many selfish people living amongst us as we go about our daily lives. We often take our own safety for granted when we go for a casual stroll at night to the corner store to grab a late-night bite to eat. Tragically, a casual late-night stroll can end someone’s life and shatter a family. Sadly, this is what happened in Cypress Hills Brooklyn when Israel Turcios and his friend Delmer Maldenado went out for a bite around midnight. The two men, both fathers, were run down by a selfish, depraved person that ran away from the scene of the crime. Not only did this selfish individual leave two men dying on the street, he left two families shattered into pieces. ABC News reports that the search is on for this depraved individual who is still on the loose after this hit and run incident.  The story can  be read here.

In large cities such as New York and the five boroughs, nightmares like this occur more frequent then they should. When you or a loved one are the victim of a crime such as a hit and run, you need someone fighting on your side. You need someone that will help you put the fragmented pieces of your family back together. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a personal injury attorney.

(Image from ABC7ny.com)

Car Crashes into Bus Stop

An out of control car caused a Nassau County bus stop crash.  Four people were injured in the crash as reported by News 12 and can be read here.  Faulty equipment and failure to maintain a motor vehicle can lead to accidents like the one in New Hyde Park when a blown tire caused a car to crash into a bus stop.  People may not realize that, depending on the reasons for the tire failure, the owner and driver can be liable for injuries caused by faulty equipment or maintenance failures in New York motor vehicles.

Many times, car crashes and the resulting liability is clear cut.  Other times it is very difficult to determine where the fault lies in car crashes.  Juries are taxed with the burden of deciding how to apportion fault in personal injury trials.  It is almost impossible to predict jury outcomes and any lawyer will tell you that.  Therefore it makes logical sense to spend time maintaining your motor vehicles and do your very best to avoid preventable car crashes.

Personal Injury Attorney in Nassau County

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

 

 

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