Five Important Safety Tips For The Summer Swimming Season

The recent warm weather makes me realize how rapidly summer is approaching. It’s time to dust off those BBQ’s and open the pools.

Millions of people enjoy swimming in pools each summer in the United States.  Unfortunately, on average two hundred people die each year in swimming pool related accidents. 

Personally, I have represented the family of a young child that drowned in a neighbor’s swimming pool.  The devastation that this child’s family felt is unimaginable.  Adding to the family’s grief was the fact that their son’s death was completely avoidable. There are simple solutions to keep children safe while enjoying swimming pools.  Here are five safety measures that every pool owner should consider:

-                    Make sure that your pool is completely enclosed with a fence, even if your town does not require it. While most townships call for a person’s property to be fenced when there is a pool in the yard, they don’t all require an additional fence around the pool.  Fencing the pool area provides an extra layer of security and safety. Make sure there are no gaps in the fencing, and the gates to the pool should be self-closing and lock.

-                    While swimming, make sure you keep everyone in your pool under active supervision. Did you know that it is common for drowning deaths to occur while parents are actually with their children at the pool. It is not enough to be there. Failure to keep a watchful eye on your children while they are swimming can have disastrous consequences. Bear in mind that it may only take a few seconds for a drowning death to occur. This is especially true at parties or summer BBQ’s where there can be many distractions. Always keep your eyes on your pool.

-                    Make sure everyone in your family, including caregivers, knows how to swim. It’s never too early to teach your children how to swim and to understand the dangers of water. The sooner your child learns to swim, the safer he or she will be around water.

-                    Have appropriate safety equipment at your pool, including flotation devices. A course in CPR is a good idea for parents. In addition, make sure that your pool water is clear and clean while open, and properly covered in winter.  Murky water can be difficult to navigate should someone accidentally fall into a dirty pool.

-                    Explain the dangers of the swimming pool to your children. Make it clear that they are not allowed into the pool area without supervision. Establish strict rules for the use of the pool, such as no running near the pool and no diving in shallow areas.

You may read this and think that all of the above tips are obvious. The sheer number of drowning incidents that occur in the home each year would suggest that it couldn’t hurt to think a little more about pool safety. Wishing all a happy and safe summer!

Authored by: Steven Palermo

In Defense Of The "Ambulance Chaser"

When I first went into the practice of Personal Injury Law, I experienced my fair share of ribbing. I used to dread that moment at a party when I was asked, “So what do you do?” Inevitably, someone would laugh and say, “Oh. You’re an ambulance chaser…hahaha.” Even if they didn’t say it, I could see from their expression that they were thinking it.

Who could blame them for their perceptions of what I do? We’re bombarded by TV commercials of lawyers promising to get people lots of money if they’ve suffered an injury. Some of them are indeed shameless. In a business where monetary gain is based on the severity of a person’s injury, it’s easy to see why there is such a negative perception of personal injury lawyers.

But the truth is, we’re not all bad. After practicing Personal Injury law for about twenty years, I’ve come to realize that this world would be a different place if it weren’t for the work that we do. Personal Injury Law makes the world a safer place for people. Someone who has never had to make a personal injury claim may take for granted the benefits that come from making people accountable for the safety of their fellow citizens. 

Do you really think that General Motors, Ford and Chrysler have produced safer cars over the last several decades because they care about people? Or is it that they know they stand to lose money in a lawsuit if they don’t?

And do the makers of consumer products make consumer safety a primary concern because they are nice? The number of past lawsuits involving unsafe products would suggest otherwise.

Most people take for granted that the food they eat, the medicine they take and the cosmetics they use, will be safe. Products are tried and tested before they hit the shelves, right? Why? Because companies know that there is a great deal of financial risk if their products harm the public.  

Of course the government enforces consumer safety, but did you know that the government penalties for unsafe products are minor compared to the profits these companies make?  Government penalties are written off as “the cost of doing business.”

However, being sued in a class action lawsuit is a different story for these companies. In a lawsuit, they stand to lose a great deal of money for creating dangerous products. 

And parents, what about our playgrounds? As a child growing up, I remember rusty slides and worn out swings being the norm. Today, you would be hard pressed to find a dangerous piece of playground equipment at a school or otherwise. Certainly, personal injury lawsuits have helped to enforce that public playgrounds are maintained to ensure a safer environment for our children.

When someone has been seriously injured in an automobile or work accident and can no longer earn a living because of another person’s negligence, do you really trust insurance companies to do the right thing? After dealing with this type of thing for so long, I can say, without a doubt, the answer is no. When someone makes a claim, insurance companies may start off dealing with him or her in a friendly manner, but when it comes to actually paying the claim, they always look to pay the least amount they possibly can, whether it is for medical bills or a financial settlement. They employ people to go over every claim with a fine-tooth comb and root out different ways to deny it. That’s where we come in. A personal injury attorney has the tools to make insurance companies accountable. 

Now when I’m at a party, I look forward to the question, “So, what do you do?” Why?  Because I can say proudly that I help make the world a safer place!

PTB Injury Law Sweepstakes Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

The “iPad Giveaway” is sponsored PTBInjurylaw.com (“Sponsor”)This contest is governed by these official rules (“Official Rules”). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook.

ELIGIBILITY
The Contest is open to legal residents of their respective countries where not prohibited by law, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Sponsor has the right to verify the eligibility of each entrant.

SWEEPSTAKES PERIOD
The Sweepstakes begins at April 2, 2014 10:00 AM EST and ends at when the PTB Injury Law Facebook page reaches 1,000 Likes. (“Sweepstakes Period”). All entries (submissions) must be received on or before the time stated during that submission period. Sponsor reserves the right to extend or shorten the contest at their sole discretion.

HOW TO ENTER
You can enter the Sweepstakes through the Sponsor Facebook Page. Entrants must “Like” the Facebook page from their personal page.

WINNER SELECTION
All eligible entries received during the Submission Period will gathered into a database at the end of the Submission Period. A winner will be chosen at random.
Announcement and instructions for prize will be sent to the Facebook personal pages supplied at the time of entry. Each entrant is responsible for monitoring his/her personal Facebook account for prize notification and receipt or other communications related to this sweepstakes. If a potential prize winner cannot be reached by Administrator (or Sponsor) within fifteen (15) days, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, that potential prize winner shall forfeit the prize. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.

PRIZES:
Grand Prize: Apple iPad

 Maximum value is $600.

Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.

ADDITIONAL LIMITATIONS
Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Sweepstakes, without notice, and for any reason, including, without limitation, if Sponsor determines that the Sweepstakes cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.

INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.

PUBLICITY
By participating, each entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.
SWEEPSTAKES SPONSORS
This sweepstakes is sponsored by:
PTBInjurylaw.com
1300 Veterans Memorial Hwy, Suite 320
Hauppauge, NY 11788

Any questions regarding this Sweepstakes should call our office phone number at (866) 692-0762.

If You Were Involved In A Motor Vehicle Accident Would You Know What To Do?

Did you know there are simple steps you can take immediately following an accident that will ensure you are best protected if you find yourself in such a situation?

 

-                    Make sure that you and your passengers are ok.  This is the single most important step that you can take.  Communication is key. If anyone is injured (or in shock), you should call 911 immediately for medical assistance.

-                    Activate your hazard lights and, if possible, move your vehicle to a safe location.  Often following an accident your vehicle is left vulnerable.  It is dangerous to be stopped in the middle of a roadway with vehicles moving around you.  You are at risk for further damage from another unsuspecting vehicle.  I have represented many people injured in “double car accidents.”  If you are able to do so, you should move your vehicle to a shoulder or parking lot.

-                    If you have not already done so, call the police for assistance.  This should be done in every situation. Do not be tempted to forgo calling the police even if the other driver objects or offers to pay for the damage to your vehicle.  It is important to document the accident with the police as soon as possible. Make sure that you get a field report from the police officer before leaving the scene of the accident. People tend to change their stories after the fact.  It is good to get it straight right from the beginning.

-                    If possible, gather the names of any eyewitnesses.  Don’t rely on the police to do this.  While the police often do get the names of the witnesses, I have certainly seen situations where the police have failed to do so.  Once the witness leaves the seen without giving their information they are usually lost forever.

-                    It is also a good idea to take photographs of the damage to the vehicles and the scene of the accident.  Documenting these things can often corroborate your version of the events should a dispute arise.

 

A Final Word –

Following a motor vehicle accident, many people with minor injuries often refuse medical assistance.  This is never a good idea.  Injuries tend to get worse as time passes and the initial shock of the accident wears off.  Get checked out by a healthcare professional, even if you think that it’s, “Just sore.”  It’s better to be safe than sorry.

Children, Recreational Facilities And Liability Waivers; What You Need To Know

Anyone with young children understands this scenario; your child is invited to a birthday party at a trampoline park or a bounce place.  You arrive to hundreds of screaming kids running around having the times of their lives.  Your child is dying to get involved in the action.  But, before he or she is allowed to enter, a liability waiver is thrust into your face for signature.  What do you do?  You certainly don’t have time to read the fine print to see if the waiver is acceptable.  Nor do you have time to inspect the facility to see if it’s being run properly.  Furthermore, your child is not about to let you leave the place without having the meltdown of the century.  Not to mention, the parents of the birthday boy/girl will never invite your child to another function again.

So, like the large majority of parents, you succumb to the pressure and sign the waiver allowing your child to enter.  But what if your child is injured?  What if the injury is a result of a dangerous condition or lack of proper supervision at the facility?  What can you do?  Can you still recover damages on your child’s behalf? 

Liability waivers at children’s recreational facilities seem to be on the rise, but are you signing your child’s legal rights away when you sign one of these waivers?  Generally speaking, liability waivers are frowned upon in New York State.  However, if drafted properly they are enforceable if the person waiving his/her rights is an adult.    

But, when the person whose rights are being waived is a minor the case law is different.  A parent cannot sign away their child’s legal rights in New York State.  So, should your child suffer an injury due to the negligence of the facility, you can still make a claim on your child’s behalf.

You may be wondering, what is the rationale for a facility to require a liability waiver be signed if it is unenforceable?  The answer is; there are several reasons.  First, signing such a waiver may cause people to assume that they are barred from making a claim.  Second, the law can always change in the future.  Third, while the document may not be enforceable as a complete bar to a lawsuit, there may be language in the waiver that can be used to show that the parent was made aware of certain dangers and therefore is also negligent in supervising their own child. 

Ultimately, it is best not to sign a liability waiver.  I would advise my client's against signing such a document.  But if you have already executed one on behalf of your minor child and he/she was injured, you should consult with an attorney.  Your child still has the right to pursue a claim for negligence against the facility.

Protect Yourself From The Person That Is Most Likely To Injure You In A Car Accident; Your Spouse

For most married people, the person that they drive with most often is their spouse.  Therefore, the odds of being injured by your spouse in a motor vehicle accident are significant.  Even the best drivers have momentary lapses while driving.  Should you suffer a serious injury in such a scenario, your options for recovering necessary compensation for your financial damages may be limited.  This may be an extreme hardship to your family should you be permanently injured and unable to return to work due to an accident caused by your spouse.

There are ways to protect yourself and your spouse in such situations.  Insurance companies offer Spousal Liability coverage.  This will allow a passenger in a vehicle that is injured due to their spouse’s negligence, to make a claim against their own insurance policy.  The insurance companies offer these coverage’s at extremely reasonable rates.  For less then a few hundred dollars a year you can protect yourself and your spouse from the financial devastation of a serious accidental injury.

While the idea of making a claim against your spouse seems distasteful, your alternatives may be much harsher.  Further, your insurance company is happy to provide the coverage for just such an occasion.  I highly recommend this coverage to all my clients.  I have seen far too many people suffer serious accidental injuries in a car accident caused by a spouse, left with no financial compensation.

Should you have any questions with respect to your automobile insurance coverages, please feel free to contact me at my office and I'd be happy to review them for you at no charge.

How To Ensure That You Are Properly Insured In Case Of A Car Accident

As a personal injury attorney, I often meet people that have suffered serious injuries as a result of a car accident.  Unfortunately, sometimes I have to explain to them that the person responsible for their injuries either has no insurance, or inadequate insurance, to fairly compensate them.

In New York State the statutory minimum amount of liability insurance a person is required to carry for a motor vehicle accident is $25,000 per injured person and $50,000 for an entire occurrence.  This means that no matter how severe a person's injuries are, they will only be able to receive $25,000 from the insurance carrier if injured by a person with such an automobile policy.  This can be devastating should the person be so severely injured that they have large medical bills and/or are unable to return to work and the negligent party is either insolvent or has little money.

With proper planning there are ways to protect oneself from such a situation.  When purchasing insurance coverage for an automobile policy, most people are concerned with only one factor, cost.  However, there are relatively inexpensive coverage’s offered by an insurance company that can protect you from an uninsured or underinsured driver. 

Every insurance company is required to offer Uninsured Motorist Coverage and Supplemental Under Insured Motorist Coverage (UM/UIM).  This coverage will commence if a person is injured by another party that has either no insurance or a minimum policy.  In essence, the injured parties insurance company will act as the defendant and pay for the damages suffered by their own insured.  Further, this is done in an expedited arbitration proceeding, as opposed to a drawn out legal battle.

The minimum amount of Uninsured/Supplemental Under Insured coverage required in New York is also $25,000 per injured person and $50,000 per occurrence.  That means everyone that purchases automobile insurance in New York State has at least that amount of coverage included in the automobile insurance policy. 

For just a few dollars more per month a person can elevate these amounts significantly.  Insurance companies differ on the maximum amount of Uninsured/Supplemental Under Insured Insurance that they will offer.  But most insurance companies offer at least $500,000.  This means that should a person be injured by another party with no insurance or inadequate insurance, they can recover their damages from their own policy up to $500,000.  This type of policy will also protect family members and other people in your vehicle.    

I highly recommend this type of coverage to all my clients.  Hopefully, they will never need it.  But should they suffer an injury from an uninsured or underinsured driver, they will at least have the piece of mind of knowing they are financially protected.

WHAT YOU NEED TO KNOW BEFORE HIRING A PERSONAL INJURY ATTORNEY

One of the most important decisions that you will be faced with following an accidental injury will be choosing the right attorney to represent you.

Many attorneys claim they handle personal injury cases.  However, not all of them are qualified to do so.  Some inexperienced attorneys can view personal injury cases as "easy money."  They do very little work and expect that they can settle the case and make a quick buck.  The problem for the client in this scenario is that they likely received far less money then they should have because no one put in the work required to get them their fare compensation.

Only an experienced, aggressive personal injury attorney familiar with the nuances of the field will be able to maximize an injury settlement.  There is a lot of work that needs to be done to maximize a recovery.  An experienced, aggressive attorney will investigate all of the facts of a case, gather all information such as witness statements, photographs and medical records, review those records, litigate the case in court, hire experts, negotiate a settlement, and if necessary, go to trial.  This type of approach will obviously yield far better results for a client then the attorney that is sitting around hoping for a call from an insurance adjuster offering a quick settlement.

So how can you ensure that you hire the type of attorney that is going to maximize your recovery?  There are five simple steps to follow when searching for a personal injury lawyer.

First, be aware of the "ambulance chaser."  If you receive an unsolicited call or letter from a lawyer following an accident, be careful.  This unsavory practice is frowned upon in the legal feild and may also be considered unethical.  You would most certainly want to avoid a lawyer that engages in this type of practice.

Second, start your search by looking for an attorney with a proven track record of success in the field of personal injury.  Look at their prior trial results and settlements.  There is no substitute for successful experience.  If your potential attorney can't show you some of their successful case results, you may want to find another lawyer.

Third, the attorney should not be a jack-of-all-trades.  The attorney should concentrate their practice in the area of personal injury.  If your attorney is doing real estate, criminal law, family law or any other type of law, in conjunction with personal injury, they probably are not particularly well versed in personal injury law.  Personal injury law is a complex and constantly changing field and an injured party would do well to find a lawyer who concentrates in only that area.  Make sure you ask what types of cases the attorney handles.

Fourth, make sure your attorney has the resources to pursue your case.  They will need both man power and money to maximize your recovery.  There is a great deal of paperwork involved in personal injury law, as well as many financial expenses.  A talented support staff and large monetary reserve are necessary to carry a case to fruition.  Therefore, be inquisitive.  Look around and ask questions.  Where is the attorney's office?  Is it large, comfortable and furnished appropriately?  Does the attorney have a staff?  Does the office appear alive and bustling?  Does the energy in the office feel positive? If you do not get a feeling of comfort from what you are seeing and hearing, beware. 

Fifth, make sure the attorney is upfront with respect to his fees and expenses associated with the case.  The attorney should have a thorough retainer agreement for you to review that lists their financial compensation and expenses.  If the attorney does not have a full and thorough retainer or refuses to provide you a copy, you should be careful.  

Moreover, don't be afraid to ask a lot of questions.  If you don't like what you are hearing, keep searching for the right attorney.  He or she is out there.

The Basics of Understanding New York State No-Fault Law

The Basics of Understanding New York State No-Fault Law

Generally speaking, when a person sustains injuries in a motor vehicle accident, they are entitled to have their medical bills, lost wages, and other reasonable accident related expenses paid for by the automobile insurance carrier of the vehicle that the person was occupying at the time of the accident.  On certain occasions, there are instances when another insurance carrier will be responsible for these expenses.  However, in the majority of accidents, it is the car that the person is occupying at the time of the accident that cover the above costs.

It is important to note that fault for the accident has no role in determining which insurance carrier pays for these expenses.  For example, a person can be sitting in their vehicle at a red traffic light when they get rear-ended.  It will still be the insurance carrier for the vehicle that the person is in when they were rear-ended that will pay for medical bills, lost wages and other reasonable accident related expenses.

Another important aspect of the No-Fault Law is the deadline for applying for the benefits.  There is a strict 30 day deadline for completing and mailing a No-Fault application (NYS Form NF2).  Failure to sign and return the form to the No-Fault insurance carrier may result in your No-Fault benefits being denied.  Some insurance carriers will make exceptions for a reasonable delay in returning the No-Fault application.  However, it is never good to be in a position of having to ask an insurance carrier for an exception.

Due to this extremely short deadline, it is recommended that you act quickly if you are involved in an accident wherein you sustain injuries.  It is usually best to contact an attorney that is familiar with No-Fault law immediately.  However, if you decide to handle the matter yourself, make sure that you contact your insurance carrier and request a No-Fault application right away.  Once received, complete the application and return it by mail, return receipt requested.  This way if there is ever a question of whether the application was returned on time, you will have the proof.

It is also important to mention that reporting the accident to the No-Fault insurance carrier by phone is not sufficient to satisfy the 30 day No-Fault deadline.  An Application must be completed and returned even if you notified the insurance carrier by another manner within the 30 days.

Another important feature of No-Fault law is that the person has the freedom to treat with any healthcare provider that accepts No-Fault insurance.  There are no networks to worry about and no need for a referral.  Further, there are no deductibles.

No-Fault insurance will also cover a majority of an individuals lost wages.  Generally speaking the No-Fault carrier will pay up to 80% of a person's lost wages.  There are some exceptions to this rule.  For example, there is a cap of $2,000 per month for lost wages.  Therefore, a high earning individual will hit this cap prior to receiving 80% of their lost wages.  In order to receive lost wages, employment must be verified and a doctor must state that the individual can not work due to accident related injuries.

Finally, there are other accident related expenses that No-Fault insurance will cover.  These include, but are not limited to, expenditures for gas and mileage related to medical treatment, and expenses for household help, if a person incurs such bills.

No-Fault insurance is a valuable resource for people injured in motor vehicle accidents.   However, it is often complicated by red tape.  The best way to insure that you receive all of the benefits that you are entitled to is to hire an attorney knowledgeable in No-Fault law.  Should you have any questions about No-Fault Law, feel free to contact me.  As always, the consultation is free.