If you have been seriously injured in a transportation accident, an attorney can help you explore your case. Attorneys can help you obtain the appropriate financial compensation for your injuries.
It is important to clarify how you were injured and how the accident is classified. This determines the type of lawsuit you file and the financial award you may be entitled to get.
Deaths due to transportation accidents are not uncommon. In fact, “passenger transportation incidents account for about one out of seven preventable injury-related deaths,” says the National Safety Council (NSC). (1)
Among the most common types of transportation accidents are those involving personal and other lightweight vehicles. The Insurance Information Institute (III) reports there was an increase of 1.35 in the motor vehicle crash fatality rate per 100 million vehicle miles traveled in the first half of 2020. III indicated the increase was probably due to “faster driving”. (2)
For New Yorkers, the statistics are even more jarring. The New York Department of Health says between 2012 and 2014, “On average there were 1,098 deaths each year due to unintentional motor vehicle traffic-related injuries, killing 5.6 of every 100,000 New Yorkers.” (3)
There were also 141 deaths due to motor-vehicle traffic related motorcyclist injuries and 312 deaths due to motor-vehicle traffic related pedestrian injuries in New York state during the same time period. (4)
Motor vehicle crashes are not the only type of transportation accidents.
If you or someone you know was injured in a transportation accident, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewSome accidents involve personal vehicles such as cars, motorcycles, scooters, taxis, trucks, and vehicle services (Lyft and Uber).
According to a 2020 citywide report by the NYC Police Department, there were 8,300 motor vehicle crashes in December alone. These personal vehicle crashes were due to a number of factors. (16)
According to the report, these crashes also resulted in 18 deaths and 3,402 injuries. This includes the deaths of 3 cyclists and 317 injured cyclists, along with the deaths of 4 pedestrians and 596 injured pedestrians. (18)
Clearly New York City personal vehicle accidents are concerning, but so are mass transit accidents.
Mass transit includes airplanes, buses, subways, trains, and ferries. Often, the most complex mass transit systems are found in the larger cities. Millions of people use these systems daily.
Many of the mass transit systems in New York City are public systems operated by the Metropolitan Transportation Authority (MTA) or its agencies. Others are operated by the Port Authority of New York and New Jersey.
The MTA is the nation’s largest mass transit system serving 15.3 million people. (19) In 2019 the network provided a total of 2.56 billion rides. (20) With such an extensive transportation network, accidents are not rare and often result in injuries.
Safety indicators showed MTA performance had fallen short of safety targets in several key areas. For example, New York City Transit customer injury rates on subways failed to meet safety target rates by 7.4%. And customer accident injury rates on buses failed by 43.9%. For the MTA Bus Company, the customer accident rates failed by 14.2%. (21)
Mass transit accidents can range from being struck by a train or bus, to crashes, or derailments. One of the primary reasons for these accidents is some form of negligence. When someone is careless or irresponsible, and their behavior leads to accidents or injuries, they should be held accountable.
Negligence plays a role in accidents resulting from faulty equipment or equipment failures, mechanical failures, improper maintenance, or operator errors. Operator errors include behaviors such as excessive speed, use of alcohol or drugs, inattentiveness, and judgement errors.
Operators have a duty to make sure passengers riding the transportation system arrive at their destinations safely. When passengers are injured, operators can be held responsible.
There are many ways passengers can be injured while riding on mass transit. Passengers can be injured by closing doors while disembarking trains. They can get caught in mechanisms on train platforms or on station escalators.
Slips, trips, and falls are also common injuries suffered while embarking or disembarking both trains and buses. Worse yet, in serious accidents passengers may be thrown from train cars. And plane crashes often result in many injuries and multiple deaths.
Serious injuries sustained in mass transit accidents can require extensive medical treatment with lengthy recovery times. Additionally, if you were seriously injured in a mass transit accident, you may suffer mental or emotional damage affecting your quality of life for years to come.
If you have suffered serious injuries from a mass transit accident, an attorney can help.
Were you or a loved one injured in a transportation accident? You may be eligible for compensation.
(917) LAWYERSIn order for you to gain full compensation and heal, you may need to file a lawsuit. An attorney can deal with insurance claims, help you navigate the legal system, and negotiate settlements on your behalf. When necessary, your attorney can represent you in court.
An experienced mass transit accident attorney knows the law, understands the insurance claims process, and sees the responsible parties are held accountable.
Weitz & Luxenberg has been helping clients like you for nearly 40 years. Our mass transit accident attorneys highly succeed in winning verdicts and negotiating settlements for our clients.
There were 235,740 “contact with objects and equipment” injuries reported in 2018, according to the Centers for Disease Control and Prevention (CDC). The CDC also notes this is one of the leading causes of work-related injuries. (1)
The U.S. Bureau of Labor Statistics (BLS) says 237 workers lost their lives after being struck by falling objects in one year. Many of these incidents involved construction workers. (2)
In fact, falling objects accounted for 10.28% of construction accidents in New York City in 2018. (3)
The National Safety Council (NSC) states falling object injuries happen when objects swing, slip, fall, or roll. The NSC goes on to explain how “being struck” can include being struck by, struck against, or caught in an object. It also encompasses being caught when structures or equipment collapse. (4)
The BLS uses similar categories when tracking incidents involving falling objects, also known as “struck by” or “contact with objects.” However, the BLS also includes a separate category for “flying objects.”
BLS reported 518 people in the United States died from being struck by an object or equipment. (5)
Despite their classification, falling objects injuries share some common sources.
If you or someone you know was injured by a falling object, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewSafety + Health, an NSC publication, cites workers leaving tools inside machinery and a lack of tethering of tools as reasons for many falling objects injuries. This is especially true at construction sites. (7)
Another source of falling objects injuries is a lack of signage. Clear and visible signs should be posted indicating work is occurring overhead. If this signage is absent or insufficient and you are injured by a falling object, this could be grounds for a lawsuit.
Collapsing structures can also cause serious falling objects injuries. It is not uncommon for collapses to occur at construction sites while workers are actively engaged. When they do, workers and passersby can be hurt.
Although more likely to occur at construction sites, dropped objects are not only a problem for the construction industry. Unsecured tools and equipment can fall from windows, platforms, balconies, or ledges located just about anywhere.
If you have been seriously injured because you were struck by an object, you may need help to protect your rights. Injuries from these incidents can be severe or even lethal.
The potential for serious injuries from falling objects is real. NSC says, “Injuries resulting from contact with objects and equipment is the fourth leading cause of work-related death and the third leading cause of nonfatal injuries…” (8)
Because work related injuries are so prevalent, many states, have enacted laws to protect workers. One notable example is the New York Scaffold Safety Law, protecting workers in the construction industry.
New York’s Scaffold Safety Law aims to make construction sites safer for workers.
According to the New York Committee for Occupational Safety and Health (NYCOSH), “The Scaffold Safety Law simply requires that construction sites be built and maintained in a way that protects workers. Contractors and businesses are only liable when there’s an injury or fatality on the job if they put workers at risk of injury or death by violating critical health and safety regulations.” (10)
Under New York Labor Law Section 240, workers injured by falling objects and debris at construction sites are also protected. (11)
Employers are obligated to provide and maintain a safe work environment. Contractors and businesses failing to provide workers with proper safety equipment such as hard hats, gloves, and goggles, can be held liable.
Additionally, workers may require training in how to properly grip tools and their proper placement when not in use. Other safety measures should be implemented when workers perform tasks at heights, including the use of tethers and hand tool attachment straps, along with transport buckets with lids. (12)
A claim of negligence may be justified when falling objects injuries occur because adequate safety measures were not in place or safety equipment was lacking.
Negligence is when harm is done accidentally or through an act of reckless behavior.
You must show the court the defendant owed you a “duty of care.” This legal concept means the defendant had an obligation to behave as any reasonable person would under similar circumstances. “If the defendant’s actions fall below what a court determines the reasonable man’s actions would have been the defendant has breached his duty.” (14)
A second type of duty, known as “special duty,” is one “imposed by statute or case law.” This type of duty looks at the relationship of the plaintiff to the defendant to see if the relationship entails a duty. (15)
For example, there is a duty between a doctor and patient, between a teacher and student, and between a homeowner and their guest. This second type of duty can lead to a claim of premises liability.
Were you or a loved one injured by a falling object? You may be eligible for compensation.
(917) LAWYERSFalling objects claims may be filed under premises liability. Simply put, premises liability refers to a property owner’s responsibility for injuries you experience while on their property.
Property owners are required to inspect and maintain their property, including securing tools or equipment that could fall from heights. They are also required to make competent repairs where necessary.
As a first step, after being injured by a falling object, seek medical attention. This also verifies your injuries.
Some injuries are not immediately apparent after the incident. Concussion symptoms, for example, may take 24 to 48 hours to appear. (16)
Your next step should be to contact an attorney. Falling objects lawsuit can be very complex.
A good knowledge of both the legal system and medical claims process is important. A personal injury attorney can guide you through the entire process and help you gain the compensation you deserve.
Weitz & Luxenberg has a successful personal injury team to help clients secure compensation for harm you have suffered.
Meningitis is a serious medical condition that can be life-threatening. This condition is characterized by inflammation of both the fluid and membranes surrounding your brain and spinal cord. Immediate medical care is required. Early appropriate diagnosis and treatment are paramount for your quality of life, and even your survival. (1)
“Most cases of meningitis in the United States are caused by a viral infection, but bacterial, parasitic and fungal infections are other causes. Some cases of meningitis improve without treatment in a few weeks. Others can be life-threatening and require emergency antibiotic treatment.” (2)
Roughly 600 to 1,000 people contract meningococcal disease in the U.S. annually. Of those who get the disease, 10% to 15% die. (3)
“Meningococcal disease is often misdiagnosed as something less serious because early symptoms are similar to influenza and other common viral illnesses.”
You may need to seek medical attention immediately if you notice any of these symptoms. This is especially true if they come on suddenly, are severe, or become increasingly alarming. (5)
Correctly diagnosing meningitis promptly is essential because this condition can be fatal. Any misdiagnosis can delay necessary treatment and cause you more injury – even death. (6)
If you or someone you know was seriously hurt because of a meningitis misdiagnosis, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewThere are six types of meningitis, according to the Centers for Disease Control and Prevention: (7)
Meningitis brought on because of bacteria can be deadly. If you contract this type, you need to seek immediate medical attention. Generally, the bacteria leading to bacterial meningitis spreads from person to person. However, some can spread through food.
Meningitis caused by viruses is also serious, but is typically less dangerous than bacterial meningitis. People with normal healthy immune systems who contract it generally get better on their own. The viruses leading to viral meningitis can be spread from person to person. However, “most people infected with these viruses will not develop meningitis.”
Fungal meningitis is rare. You can get it by inhaling fungal spores from the environment. People with certain medical conditions, or compromised immune systems, face a greater risk of contracting fungal meningitis than the general population. This includes people who suffer from diabetes, cancer, or HIV.
Some parasites can cause meningitis or attack the brain or nervous system in other ways. This type of meningitis is not nearly as common as viral and bacterial meningitis.
A specific type of microscopic amoeba, called Naegleria fowleri, lives in soil and warm water. It can infect you and cause a highly destructive infection – primary amebic meningoencephalitis (PAM). This type of meningitis affecting the brain is rare, but devastating.
Sometimes certain medical conditions, drugs, or procedures can bring about noninfectious meningitis. These include: cancer, lupus, head injury, brain surgery and specific drugs.
Misdiagnosis on its own is not malpractice. It can fall under the category of malpractice if a doctor fails to meet the standard of care in diagnosing a medical condition, and the failure to diagnose correctly causes an actual injury.
Currently in the U.S., medical error by health care professionals is the third leading cause of death. In fact, medical errors may account for as many as 251,000 deaths annually. (8)
In personal injury lawsuits, when you sue a health care provider or physician, your lawsuit must state they committed “negligent acts that result in patient injury … Negligence occurs when a health care professional or provider fails to strictly follow appropriate standards of care.” (9)
Your attorney must prove “substandard medical care resulted in the injury.”
To bring this type of claim, the person suing must address specific legal elements: duty, breach, damage, and causation. (11) Because of these legal questions, you need to find an attorney who knows what needs to be done and can help you through the legal process.
Are you or a loved one suffering because a doctor misdiagnosed meningitis? You may be eligible for compensation.
(917) LAWYERSMedical malpractice is just one of many types of legal cases. When it comes to filing a lawsuit against a medical facility or individual health care professional, you need to hire an attorney from a firm experienced in this area of law.
You want to hire a very qualified attorney for the job. The right attorney for you has extensive experience and knowledge in handling medical malpractice lawsuits. Your attorney should also know the statutes governing the medical profession in your state.
If you were significantly injured due to your doctor’s negligence, or a loved one suffered irreparable brain damage because of medical malpractice, you may be entitled to seek compensation.
If someone you loved died from meningitis because your doctor misdiagnosed their condition, we urge you to contact us for a free consultation. You can reach us by phone or online.
Weitz & Luxenberg is a well-regarded law firm based in New York City. Our personal injury attorneys have been successfully handling complex medical malpractice cases for over three decades.
“Gastrointestinal perforation is a hole in the wall of the gastrointestinal tract.” (1) A perforation can be a cut, puncture, or tear. (2)
During either procedure, the surgeon may accidentally cut the bowel. “Intestinal perforations are the most common surgical emergency that occurs worldwide.” (5)
Left untreated, bowel perforation can lead to a dangerous condition called sepsis. If left untreated, this infection can lead to organ failure or death. (7)
Your intestines can “contain numerous bacteria and other organisms.” When your bowel is perforated, the material inside can spread to the outside. Sepsis can develop in nearby tissue but may also travel throughout your body. (8)
If you or someone you know is suffering from bowel perforation, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewA bowel perforation is a medical emergency. If you suspect your bowel has been perforated, you need to seek treatment right away.
Generally, surgery is necessary to repair a perforation anywhere in the gastrointestinal tract, “particularly if it is in the bowel.” In addition, if sepsis has developed, you must receive fluids and antibiotics quickly. There is no time to waste. (10)
Sometimes, a person with a perforated bowel may need to undergo a colostomy or ileostomy. This surgery allows “the contents of your intestines to empty into a bag, through a stoma, a hole created in your abdomen.” This procedure may be temporary and would give your intestines time to heal. (11)
Later, you would undergo a second surgery. During this additional surgery, your doctor would reattach your intestines. The goal would be to repair the damage so you would “no longer need to eliminate your waste through the stoma.” (12)
However, sometimes the initial colostomy or ileostomy surgery would need to be permanent. (13)
To survive sepsis, early, aggressive treatment is critical. You need close monitoring and treatment in a hospital. Doctors may need to take lifesaving measures to stabilize your breathing and heart function. (14)
Doctors may give you broad-spectrum antibiotics. These medications are given intravenously (IV) and are intended to be effective against a variety of bacteria. (15)
You may also receive intravenous fluids. These are usually given within 3 hours of being diagnosed with sepsis.
You may also need to receive supportive care, including oxygen or a machine to help you breathe. In addition, you may need dialysis if your kidneys are weakened. (17)
Sometimes, surgery is necessary. Doctors may attempt to remove “sources of infection, such as collections of pus (abscesses), infected tissues or gangrene.” (18)
Long-standing rules regarding liability for medical malpractice govern how physicians and other medical providers must conduct themselves when diagnosing and treating patients. If a doctor perforated your bowel during surgery, the perforation alone does not mean you can sue for medical malpractice. (19)
The “plaintiff must show that he or she sustained damages that were caused by the failure of the physician to take due care, defined as customary practice of physicians in good standing with the profession, or a significant minority of such physicians.” (20)
You must show the bowel perforation was a direct cause of the surgeon’s negligence.
Are you suffering from a perforated bowel due to a surgeon’s negligence? You may be eligible for compensation.
(917) LAWYERSIf you were injured and suffered serious injuries at the hands of a doctor, hospital, or other facility in New York, you need to consult with a reputable personal injury attorney. Choose an attorney licensed to practice in the state of New York and with extensive experience in handling medical malpractice cases there.
Each state has its own laws, statutes of limitation, and other regulations regarding negligence, liability, and medical malpractice. You need to find a local law firm with a proven track record of winning and a team you can rely on to give you the necessary legal guidance.
Once you have hired the right firm for you, your attorney handles all of the legal steps necessary to achieve the best possible outcome.
Weitz & Luxenberg is based in Manhattan and our attorneys have been handling medical malpractice cases in New York for decades. If you were severely injured due to your doctor’s negligence, or if a loved one died due to a bowel perforation, we can help you.
One of our knowledgeable attorneys can provide you with legal guidance. You may be able to seek compensation.
The term “slip and fall” refers to personal injury cases where someone is injured in a fall on someone else’s property. This type of personal injury case is also referred to as a “premises liability” case.
Slip and fall accidents occur frequently. In one year, more than 8.5 million people headed to U.S. emergency rooms for treatment for fall-related injuries, according to the National Safety Council. (3)
It is important to remember that accidents can occur anytime, anywhere, and to anyone. This includes falling in a private residence, workplace or public area. If it happens to you, be prepared to protect yourself and your rights.
“Falls occur in virtually all manufacturing and service sectors. Fatal falls however are in construction, mining and certain maintenance activities,” states the National Floor Safety Institute (NFSI). (5)
NFSI goes on to say, “According to the American Trucking Association, slips and falls are the leading cause of compensable injury in the trucking industry.” (6)
It adds, “Disabling (temporary and permanent) occupational injuries due to falls are approximately $250,000-$300,000 per year.” (7)
In 2023, more than one-fourth — 28% — of deaths among workers in New York City were due to slips, trips, and falls, according to the U.S. Bureau of Labor Statistics. (8)
“Slips, trips and falls caused more than 26% of the total reported injuries across all industries, according to the latest US Bureau of Labor Statistics findings, and more than 17% of NYSIF claims in 2019,” according to the New York State Insurance Fund. (9)
NYSIF indicates all employers should pay attention to these hazards. They are typically overlooked, except in the construction and transportation industries. (10)
If you or someone you know was injured in a slip and fall accident, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewThere are any number of factors putting you at higher risk for slips, trips, and falls resulting in serious injuries.
An important concern is the condition of floors and walkways. This can increase risks for falls, particularly if floors are wet or slippery, tiles and floorboards are loose or uneven, or walkways are cluttered. Additionally, sudden drop-downs of floors can lead to falls.
Examples of other issues increasing risks for falls are narrow stairways, insufficient lighting, and broken hand railings.
If you live or work in New York City, pay particular attention to broken or uneven pavement, inadequate signage around elevators and escalators, and the condition of steps — particularly in subways and on escalators. These are all places where falls frequently occur.
Your best course of action is to hire an attorney to handle your slip and fall case. An attorney can help you deal with insurance companies, navigate the legal system, and settle or represent you in court. Experienced attorneys know the law and can help you get the best outcome for your case.
Once you have contacted an attorney about your slip and fall accident, provide as much information as you can. This includes all the information you collected: medical documentation and bills, pictures, witness contact information, official accident report, and the clothes and shoes you were wearing at the time of the accident. Your attorney uses these items to support your claims.
If your slip and fall accident was work-related, your attorney may focus on federal requirements applying to workspaces and walkways — surfaces where the accident occurred.
The U.S. federal government requires employers to ensure, “All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.” (11)
Any violations of these regulations could be grounds for a personal injury premises liability lawsuit.
Personal injury occurring on private property hinges upon proving liability (responsibility) on the part of the property owner. In other words, you need to prove the property owner was somehow negligent.
If the accident occurs on a commercial business property, you need to prove the property owners or employees are liable and somehow negligent.
In both instances, negligence means the owner or employee failed to act in accordance with a “duty of care.” Duty of care is an obligation to act with the same caution and reasonableness any prudent person would under similar circumstances. Importantly, negligent conduct can be an action or an omission (failure to act) when there is a duty to do so. (13)
To be legally successful in a slip and fall case, you need to show the court why the owners or their employees knew or should have known three things. Their actions or omissions could cause harm, those actions actually caused the accident, and your injuries resulted from the accident.
For example, if you were seriously injured in a slip and fall accident at work because the floor had uneven tiles or dipped suddenly in one section. You need to demonstrate to the court the owner knew there were uneven tiles or a dip in the floor, had adequate time to make repairs but did not, the uneven tiles or dip caused the accident, and your injuries were a result of the accident.
Were you or a loved one injured in a slip and fall accident? You may be eligible for compensation.
(917) LAWYERSSlip and fall accidents occurring on government or public property are a little more complicated. Public property includes city or state government buildings, public playgrounds, streets and roadways, parking lots, sidewalks, schools, and libraries.
To file a claim against a government or a public property means adherence to a special set of requirements and procedures. In most jurisdictions, you must file a notice with the appropriate government entity, letting them know of your intent to bring suit.
There may be a statute of limitations for personal injury claims, or limits placed on the amount of damages you can recover. For example, New York has a statute of limitations on personal injury claims of three years, beginning from the time of the accident. (14)
Additionally, personal injury claims in New York City must be submitted to the Office of the Comptroller, which “is responsible for overseeing the resolution and settlement of claims filed against or on behalf of the City of New York.” (15)
Compensation in slip and fall cases often includes medical bills, costs of future medical bills, loss of income, and future loss of earnings. It typically also includes pain and suffering, or even punitive damages.
In awarding damages, New York courts consider your share of the responsibility for the accident, if any. Damages awarded to you are reduced according to any share of responsibility the court determines you had for the accident. (16)
When it comes to slip and fall accidents, there are ways to avoid injury.
Weitz & Luxenberg’s experienced team of personal injury attorneys are successful advocates for our clients. We have handled a large number of personal injury cases where we secured verdicts and settlements for people who have been injured due to someone else’s negligence.
Updated April 2025
Over 85% of OB/GYN practitioners have been named in a lawsuit. (1) The most frequently litigated procedure from 2005 to 2014 was operative procedures on the uterus. (2)
Any number of things can go wrong during an OB/GYN procedure. Sometimes mistakes happen during pregnancy or when a woman gives birth. However, mistakes can also occur during routine exams or other types of surgical procedures. Some mistakes lead to serious, even life-threatening complications.
The uterus is made up of three layers: the endometrium (inner epithelial layer), myometrium (smooth muscle layer), and perimetrium (serosal outer surface). If all three layers separate, the uterus has ruptured. Uterine ruptures can lead to death for a mother and her unborn child. Uterine ruptures can occur in both pregnant and nonpregnant women. (4)
With medical malpractice, patients develop health care-associated infections while undergoing routine exams, and other procedures. These infections can lead to illness, even death.
You could be exposed to bacteria, fungi, viruses, and other pathogens in any health care facility. This includes hospitals and surgical centers. (5)
If you were injured by your OB/GYN, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewOB/GYN doctors rely on several diagnostic tools and surgical instruments in treating and assessing patients. During some procedures, patients are brought to an operating room and given strong anesthetic medication. Depending on the specific procedure, the surgeon inserts a variety of instruments inside a woman’s belly and reproductive organs. (6)
Each type of surgical procedure requires different approaches. Depending on the procedure, doctors may need to cut out, slice, dice, suture, vaporize, or cauterize tissue; insert tiny cameras; or use lasers. With so many possibilities for error, the OB/GYN surgeon must be highly skilled and experienced. (7)
A birth injury involves some sort of preventable trauma to a newborn while the mother is giving birth. Birth injuries can result from the use of mechanical devices such as forceps or vacuum extractors.
A baby could also develop irreversible brain damage if deprived of oxygen for just a few minutes during the birth process.
An OB/GYN’s negligence can lead to serious injuries.
Punitive damages are, in effect, used to punish an OB/GYN for bad conduct. The court may award a plaintiff punitive damages when the OB/GYN practitioner’s “behavior is found to be especially harmful.” (9)
In evaluating OB/GYN medical malpractice cases, courts consider medical negligence. Medical negligence can occur in diagnosing or misdiagnosing a patient’s condition, in how the doctor advises or counsels a patient, and in the actual treatment a doctor performs on a patient. (10)
In OB/GYN cases, lawsuits usually focus on errors of omission or commission. In other words, a doctor can fail to do something necessary to help a patient or fail to perform an appropriate procedure in a safe and effective way. (11)
Any medical practitioner must follow certain laws. For example, they must follow professional codes of medical ethics. These guidelines regulate how doctors conduct themselves and treat their patients. (12)
“Medical negligence is said to occur when a health professional performs his duty” in such a way that avoidable, preventable harm befalls a patient. Basically, “medical negligence occurs when a medical doctor omits to do what a reasonable doctor would do, or performs an act which a prudent and reasonable practitioner would refrain from doing and as a result of which some damage is done to the patient.” (13)
Were you or a loved one injured by an OB/GYN’s negligence? You may be eligible for compensation.
(917) LAWYERSAn OB/GYN practitioner also has a legal responsibility to use “knowledge, expertise, and caution to ensure that undue harm does not befall his patient.” When a doctor fails to meet this standard of care and injures or harms a patient, that doctor has breached the duty of care. (14)
If you were significantly injured due to your OB/GYN’s negligence, or you are a parent of a child who suffered a significant injury during the birthing process because of medical malpractice, you may be entitled to seek compensation.
In addition, if a loved one died, either an adult or infant, due to OB/GYN medical malpractice, we encourage you to consult Weitz & Luxenberg. We are a reputable law firm with personal injury attorneys who have experience in handling medical malpractice lawsuits.
The way to begin is to contact us for a free legal consultation. You can reach out by phone or online.
Weitz & Luxenberg has been litigating personal injury cases for nearly four decades. We have a history of winning cases.
Accidents can happen on any public transportation system and paratransit systems, like AAR, are no exception.
New York City (NYC) data indicates 91 paratransit vans were involved in crashes, and 15 of them resulted in injuries, during 2019. The next 9 months saw 31 crashes with 11 injuries. (1)
Paratransit services provide individuals with mobility issues to have access to public transportation. In NYC, this service is overseen by the Metropolitan Transportation Authority (MTA) and passengers only pay the same fare for each trip as they would on a bus or subway.
“The MTA’s New York City Transit Access-A-Ride (AAR) Paratransit Service provides public transportation for eligible customers with disabilities that prevent them from using the public buses and subways.” (2)
To provide paratransit services, like AAR, the city also contracts with private carriers.
“Private carriers under contract to NYC Transit provide this service by lift-equipped vans, ramp-equipped vehicles or sedans. In addition, service is provided by private taxis, livery, and black car services, and Yellow and Green TLC [Taxi & Limousine Commission] accessible, and standard taxi.” (3)
Like all vehicles, those used by AAR can be involved in accidents. As is true of other motor vehicle accidents, there are common factors playing a role in paratransit accidents.
Serious injuries sustained in motor vehicle crashes are usually due to impacts causing high energy trauma, says Dignityhealth.org, a non-profit healthcare services provider. (4)
Additionally, there are some common injuries resulting from these types of accidents.
If you or a loved one suffered due to mistakes made in an ER, you may be able to sue for medical malpractice.
Get a Free Case ReviewCrash injuries can range from bruises to neck and back sprains, to spinal injuries.
Many of these injuries require extensive medical treatments and lengthy recovery times. This can mean loss of income, missing time from work, or even loss of a job, while bills continue to mount up.
If your financial security, and your family’s, has been jeopardized by an AAR paratransit service accident, you should weigh your legal options.
In the United States, 98% of auto crashes are caused by human error. (6) When human error is involved, it is often a case of negligence.
AAR accident lawsuits are most often negligence cases. However, if someone dies in the accident, the case may also include a wrongful death action.
These types of cases hinge on whether or not a party has legal liability.
In NYC, there are agencies and independent contractors involved in AAR’s operations. This means there may be multiple liable parties for a given accident.
For example, AAR uses taxi drivers and Transportation Network Companies (TNCs), such as Uber and Lyft. These drivers, and the companies they transport passengers for, may be held accountable, but it is often complicated.
One of the factors complicating a lawsuit involving AAR accidents is the type of vehicle involved. The city contracts with various providers, employing different types of vehicles. Cars, vans, taxis and liveries can all provide AAR services.
However, the law treats these types of vehicles differently. Factors like ownership of the vehicle become important, because ownership affects how a case is handled. Also, these vehicles must operate under special rules for private carriers contracted with the city.
Injuries can occur as a result of vehicle operator (driver) negligence.
If an operator’s actions match any of these, they can be held accountable. Also, the operator can be held responsible for improper operation of vehicle equipment designed to aid passengers, such as lifts or wheelchair ramps.
The legal definition of negligence is “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” (8)
In reaching a judgement, the court weighs the definition of negligence against the arguments and supporting evidence you or your attorney present.
When someone dies in an AAR accident, the family may bring a wrongful death action.
Wrongful death actions are civil actions brought against a party being held responsible for injuries causing someone’s death. These actions are most frequently brought by surviving family members. (9)
Wrongful death actions are brought for tortious injury, “any behavior… that may be sued upon as a civil wrong.” (10)
Were you or a loved one injured in an Access-A-Ride accident? You may be eligible for compensation.
(917) LAWYERSEvery disabled person in New York is entitled to transportation to and from their medical visits. Paratransit services are intended to meet this need. The providers of these services are private carriers under contract with NYC. They must follow specific rules and guidelines.
“In the past few years new types of motor vehicle relationships have sprung up in New York, especially in New York City, to meet the transportation needs of the disabled. Weitz & Luxenberg is one of the few law firms with the experience necessary. We have represented persons injured by vehicles regulated by new rules applying to a hybrid of Transportation Network Companies (TNCs) such as Lyft and Uber,” says Lawrence B. Goldhirsch, trial counsel at W&L.
The Center to Protect Workers’ Rights (CPWR) estimates, “Incidents involving elevators and escalators kill about 30 and seriously injure about 17,000 people each year in the United States.” (2)
For New Yorkers, where there are more than 70,000 elevators and escalators in daily use just within New York City (NYC), these figures are troubling. (3) The risks of injuries from elevator and escalator incidents is high.
In fact, CPWR found “elevator- or escalator-related injuries treated at hospitals (including work and non-work-related injuries) jumped by more than 30% from about 19,000 in 2007 to nearly 25,000 in 2017….” (4)
A citywide peak of 105 elevator injuries in 2007, along with accident incidents that involved passenger escapes from stalled elevators, prompted the New York Department of Buildings to launch an elevator safety campaign in 2016. (5)
While increased awareness of elevator and escalator safety is important, passengers and workers should also know the variety of reasons these accidents happen.
If you were injured in an elevator or escalator accident, you may be eligible for compensation.
Get a Free Case ReviewPassengers are not the only ones who can be injured or killed in elevator and escalator accidents. Installers, repairmen, and others who work in or around elevator shafts can also get hurt.
The causes of worker elevator injuries and deaths were distributed by activities, notes the Electronic Library of Construction Occupational Safety and Health (ELCOSH): installing and repairing, working in elevator shaft or car, or working near elevators. (19)
Regardless of the causes of elevator and escalator accidents, the injuries sustained may be serious and the incident rates are high.
The construction industry had the highest elevator and escalator injury rate among all U.S. industries, with elevator installers and repairers topping the list for both fatalities and injuries, the ELCOSH report indicates. (20)
And a study on the dangers of escalators found, “About 10,000 escalator-related injuries per year result in emergency department treatment in the United States. Since the 1990s, a steady increase has been reported….” (21)
Those injuries ranged from sprains and strains to broken bones, concussions, and traumatic injuries or disorders.
When elevator and escalator accident injuries are due to operator or manufacturer negligence, a lawsuit must establish liability in order to be successful.
The legal term “duty of care” means the other party has an obligation to act in such a way as to prevent harm to themselves or others. The standard for this duty is that an individual must act in a way that any reasonable person would, given the same or similar circumstances. (33) (34)
Were you or a loved one injured by an elevator or escalator? Call us now for a free consultation.
(917) LAWYERSYou may also wish to seek additional financial compensation, depending upon the circumstances of your case.
With nearly 40 years of experience representing clients in negligence and personal injury cases, Weitz & Luxenberg attorneys are regularly successful for our clients.
Maritime law is the law that governs many incidents that occur on water. This may include cruise ships, commercial fishing boats, or barges.
At sea, there are often illnesses, accidents, deaths, explosions, breakdowns, and oil leaks. All of these situations have repercussions that may require lawsuits to help you get the justice your claim deserves.
Cruise ships, both large and small, are equipped with medical facilities. Usually, shipboard medical centers are able to provide medical care similar to that of ambulatory care centers. Some are also able to provide hospitalization services. (1)
Roughly 3% to 11% of passenger injuries and other conditions reported to medical centers are urgent or considered an emergency. Most injuries or illnesses can be treated or managed onboard. However, a percentage of medical, surgical, or dental problems require evacuation or shore-side consultation. (2)
Sometimes, passengers die. Deaths usually result from cardiovascular events. (4)
Were you injured in a maritime accident? Call us now for a free consultation.
(917) LAWYERSOne study, investigating cruise ship injuries for 3 years, found 633 occurred on board. Of these, 12.5% were serious — leading to hospitalization ashore or no full recovery expected within two weeks. (5)
Researchers found 44.8% of passenger injuries on the ship were due to slips, trips, and falls. (6)
Injury claims for passengers are based on maritime law. “Maritime personal injury and death actions are governed by a set of rules that are separate and distinct” from the common law that usually governs such cases. (8)
Any number of injuries can occur on a ship or boat. Injuries happen to seamen and longshoremen, friends and family of recreational boaters, and boat and cruise ship passengers.
Suits can be brought by passengers against vessel owners and operators.
Maritime law is also referred to as admiralty law.
American maritime law applies to accidents in “any waters navigable within the United States for interstate or foreign commerce.” (11) The jurisdiction of maritime law includes recreational boating.
Maritime law usually falls “under the jurisdiction of the federal district courts.” Also, in admiralty, a ship’s flag may determine the source of law. (12)
For example, a ship flying the American flag in foreign waters would be subject to American admiralty law. On the other hand, a ship flying a British flag, an Italian flag, or any other country’s flag in American waters may be subject to that specific country’s admiralty law.
When a cruise ship leaves out of a U.S. port, “federal maritime law generally applies.” Under maritime law, personal injury cases involving injuries, illnesses, and death are governed “by basic principles of negligence law.” (13)
Ship owners, operators, and employees owe passengers a legal duty of reasonable care under the circumstances. To hold a ship or cruise line liable for an injury, you must show the cruise line or their employees were negligent. (14)
Negligence requires proving the ship had a duty to protect against harm. You must show that the ship breached that duty, you were injured, and the breach of that duty caused the harm. (15)
Negligence is a “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” (16)
Basic legal theories are one thing, but dealing with the complications of personal injury suits under maritime law is complicated. Bringing a case against a massive ocean cruise line that travels in both U.S. and foreign waters is challenging. (17)
Each individual case is highly specific and highly specialized. Numerous legal standards govern personal injury and wrongful death when it comes to maritime law. A novice attorney could be very well meaning but make mistakes that lose the case. (18)
Attorneys have to rely on different standards of proof. Also, shorter statutes of limitations and the intricate complexities of maritime law can be daunting for attorneys not experienced in handling these types of cases. (19)
Generally, passengers on cruise ships have three years from the accident to file a personal injury or wrongful death claim. Sometimes, a cruise line will try to shorten the time “with a notice requirement set at six months.” This requirement “can complicate damages calculations such as determining the total amount of medical bills or assessing the extent of lasting injury.” (20)
In addition, attorneys must determine jurisdiction, typically based on the ticket. Your boarding pass and ticket may provide this kind of information, but the details can be complicated. Depending on where the ship departs, travels, and docks also adds complexity to an already challenging process. (21)
Which court is the correct one for jurisdiction is a problem admiralty attorneys deal with all the time. Attorneys inexperienced with such accidents do not know how to go about choosing which court they should file in.
Another issue is whether or not a jury will be allowed in the case. That also depends on not only which court to file in, but also how the Complaint is worded.
If you are injured on a ship or boat, the first thing to do is seek treatment from the medical facility on board. The ship’s medical personnel takes down details of your injury or illness. Ships must keep a record of incident and accident reports. (22)
If you have concerns about possible negligence on part of a cruise line, you can pursue these concerns with the cruise line itself. But time matters. If the cruise line is not able to address your concerns immediately, seek your own legal guidance right away. (23)
When it comes to filing personal injury claims, your window to seek compensation is limited. If you have an accident while at sea, it doesn’t matter if it was a large cruise ship or a private recreational boat. More than likely, the case is governed by maritime law, not the law of the state where the accident occurred.
If you or a loved one were injured in a maritime accident, you may be eligible for compensation.
Get a Free Case Review“Maritime law is incredibly complex and intricate. So it is critical to consult with a firm that has handled maritime law cases before and has a solid history of winning,” says Lawrence B. Goldhirsch, trial counsel at W&L.
Weitz & Luxenberg has maritime law experience from many years of representing people injured on ships and other vessels. These cases include slip-and-fall accidents while onboard, asbestos poisoning due to ship insulation, and the wrongful death of passengers on the high seas, on vessels and airplanes, both in U.S and international waterways.
Goldhirsch has tried maritime cases on behalf of passengers for their injuries and governments for their cleanup expenses, “There are many issues that can affect the outcome of a maritime or admiralty case. Therefore, these cases should only be undertaken by attorneys with prior experience.”
He continues, “For example, it is necessary to overcome a limitation proceeding in many of these cases. This is a defense that only ship owners are entitled to in the U.S. It limits the recovery an injured person can receive in a maritime case.”
W&L has a very knowledgeable and capable legal team.
