Passenger Injured in Motor Vehicle Accident

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

auto accident imagePassenger Injured in Motor Vehicle Accident

Passengers  injured in motor vehicle accidents should be aware of the procedures that are in place to process medical treatment and litigation. Some people do not realize that No-Fault will cover the medical expenses for a passenger of a vehicle; not just the driver. It is important to notify the medical providers that the injuries are the result of a motor vehicle accident so that the No-Fault forms are completed in a timely fashion. This will avoid time consuming corrections after the fact. As far as litigation is concerned, one particular point often evokes feelings of discomfort on the part of passengers. It is quite often in the best interest of the passenger to file the suit against the driver of the vehicle they were in as well as the driver of the other vehicle. This is due to the fact that a question of liability may exist which is indeterminable at the time the lawsuit is filed. In order to ensure that the passenger will be compensated for the injuries they sustained, the driver of both vehicles should be named as Defendants.  More often than not, this means that passengers should have a different personal injury attorney than the driver of the vehicle they were riding in.  There are extenuating circumstances that are exceptions to this thought however.  One thing is for sure though.  Seeking the advice of legal counsel as soon after the accident as possible can strengthen your case.  Not because the attorney will change or shape the story of what happened, but rather, because the attorney will guide the processing of the case from the onset to help expedite your claim and move you towards any possible recovery.

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If you or a loved one were involved in a motor vehicle accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

Crane Collapse in NYC

On February 5, 2016, in Personal Injury, by Timothy B. Prakope, Esq.

Crane collapse

Another Crane Collapse in New York City


Today there was yet another crane collapse in New York City. This crane collapse occurred in the Tribeca area of Manhattan and killed at least one person and injured several others. Over the past 10 years there have been several deadly crane collapses in New York City.  Investigations into to these crane collapses have revealed that some of the cranes collapsed due to negligence and even criminal negligence.

I have read many reports on crane collapses. In some cases the crane inspectors were negligent and chose not to report problems and issues that they noted. In other cases, there was little meaningful oversight of crane equipment and broken crane parts were not properly repaired.

I was involved in litigation surrounding the April 3, 2012, crane collapse. This crane collapse occurred during the extension of the No. 7 subway line.  At that time, I worked as an associate for Jeffrey Manheimer, Esq.  We represented the family of a young man who was crushed to death when a 170 foot crane collapsed onto the job site. Jeff and I successfully recovered a significant sum for his family. However, no amount of money would ever replace the hole that his death left in his family’s heart.

When people fail to do their job, when crane owners and construction company owners fail to take the proper precautions to keep their equipment and workers safe, and when inspectors turn a blind eye to violations – people die. It ruins lives and families. Sadly, these types of tragedies happen on an almost daily basis in the construction industry because construction is a very dangerous occupation.

If you or a loved one is injured as a result of a construction accident or a work-place accident, you need aggressive attorneys to fight for you. The attorneys at Vaughn, Weber & Prakope work hard to bring justice to the injured and hold those responsible accountable. Please call our office for a free consultation (516-858-2620).

 

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.

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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!

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.

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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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