What Should You Do If You Are the Victim of a Hit and Run Accident?

Hit and run accidents are on the rise across the nation and in New York City.

According to cars.com, hit and run accidents nationwide increased by 60 percent between 2009 and 2016. Citylimits.org reports that “New York City has suffered from a hit-and-run epidemic for years, and the NYPD is struggling to keep up.”

Unfortunately, this fact increases people’s chances of being a victim of a hit and run accident. In a hit and run accident, the party at fault has fled from the accident scene.

What Actions Should You Take if You Are Injured in a Hit and Run Accident?

The following are important actions to take whenever possible:

• Remain at the accident scene. It is a crime in New York to leave the scene of an accident where serious injury or substantial car damage has occurred. Besides, if witnesses are present, you should take down their contact information, which may help you track down the hit and run driver.
• Call 911. If you are injured, you should call 911 as soon as possible. Also report whether anyone else was hurt and provide your cell phone number. You will need to file a police report about the accident.
• Make a note of all the details you can remember or gather. Ideally, you could write down the other driver’s complete license plate number, but if you can only remember a few numbers or the state or a logo on the plate, write down whatever you can. Note the vehicle’s make, color and model along with the vehicle’s year. Was it a four door or two door car? Did it have any other identifying features, such as decals or bumper stickers? Was it damaged, and if so, where and how large was the dent, cracked glass or other damage? Did the vehicle have identifying noises, such as a loud muffler sound? What did the driver look like — male or female, age, appearance and clothing? Were there other passengers, and if so, how many and what details can you remember about them?
• Seek medical attention. If your injuries are serious or if you are injured at all, it is wise to seek medical attention right away. Adrenalin and shock can make you unaware of symptoms. A brain injury, internal bleeding or whiplash may not be readily apparent. Seeking medical attention may be more important than you realize.

When Should You Seek Legal Help?

If your injury is serious or vehicle damages are extensive, you should consult with an attorney. An experienced attorney can advise the best course of action.

How Does the “Scaffolding Law” Protect New York Workers?

Falls from heights during construction work often involve falls ladders or scaffolds. However, the differences in falls can be substantial. Workers on ladders may be feet from the ground, whereas workers on scaffolds could be many stories off the ground.

This type of work at heights is so dangerous that the State of New York passed a law, called Labor Law 240, to offer extra protection to laborers, who do construction work at heights.

Labor Law 240 has additional safety regulations that apply when scaffolding or staging is more than 20 feet off the ground or floor. Scaffolds or staging at these heights require safety rails. The scaffolding or staging also must be fastened to prevent it from swaying. Scaffolding should be sturdy enough to bear four times the weight that is placed on it, when in use.

Equipment that Labor Law 240 Requires for Safety Protection

By law, all contractors, owners and their agents (except owners of one and two-family dwellings) involved with construction or building maintenance work must furnish or erect equipment to give laborers proper protection. Equipment includes:

• Scaffolding
• Hoists
• Stays
• Ladders
• Slings
• Hangers
• Blocks
• Pulleys
• Braces
• Iron
• Ropes
• Other protective devices

What Types of Work Does the Scaffold Law Cover?

The Scaffold Law protects workers doing the following work involved with buildings and structures:

• Erection
• Demolition
• Repairs
• Alterations
• Painting
• Cleaning
• Pointing

Are Many Workers at Risk for Scaffolding Injuries?

OSHA (Occupational and Safety Health Administration) estimates that 65 percent of construction workers in the U.S. work on scaffolds. Close to three quarters of scaffold accidents resulted from the following:

• Planking or support gave way
• Employee slipped and fell
• A falling object struck the employee

Falls from heights can create a crippling injury. Any worker who sustains an injury of this type should contact an experienced personal injury lawyer for help with recovering compensation. For more information, see our Ladder and Scaffold Accidents page.

Ways to Avoid Texting While Driving

Texting and driving has become a major cause of driving accidents and fatalities on roads today.

As a result, 47 states have texting and driving bans. Statistics in 2017 showed that use of a cell phone caused approximately 1.5 million car crashes in the United States, and 14% of fatal crashes involved cell phone use. (Statistics from The Zebra)

Are Teens the Worst Texting and Driving Offenders?

According to arrivealivetour.com, teenage drivers using their cell phones were four times more at risk for car accidents than other drivers. Also, the group of drivers that had the highest cell phone use while driving were drivers between the ages of 16 and 24.

Tips to Avoid Texting and Driving

Cell phone texting is so prevalent today that many adults as well as teens have a hard time avoiding their cell phones while on the road.

It is one thing to realize you should not text and drive, and quite another to have the discipline not to do it. The following tips could help you avoid texting and driving:

• Set your phone to send a “do not disturb” text message to anyone who texts you while driving. Many phones have this setting. For example, the iPhone will send a message to the sender notifying them that you will check messages when you arrive at your destination. If the text is “urgent,” there is also the option to send the message anyway.
• You can turn your phone off while driving or turn the volume and vibration off.
• If you feel it is urgent to send a message or answer your phone, you can pull off the road.
• There are also a number of phone apps that prevent texting while driving, such as LifeSaver, SafeDrvie, DriveMode, CellControl and TextLimit.

Sackstein Sackstein & Lee, LLP has extensive experience handling car accident cases that involve texting or cell phone use. Our attorneys can often hold responsible parties accountable when serious damage or harm occurs. We offer a free consultation to discuss your accident and explain the prospects of pursuing a case.

What Does It Mean if Someone Has a Spinal Cord Injury?

Spinal cord injuries can affect people differently depending on how severe the injury was. A spinal cord injury consists of damage to the spinal cord or nerves at the end of the spinal canal. Medical professionals categorize spinal cord injury as complete or incomplete.

A complete injury results in paralysis and the inability to control movement. With an incomplete injury, there is still some feeling and motor control function.

What are the causes of spinal cord injuries?

The National Spinal Cord Injury Center has gathered statistics that indicate various causes of injury. Their results were as follows:

1. 08% — Vehicular Accidents (including automobiles, motorcycles, bicycles, ATV, aircraft, snowmobile, boat and other types of vehicles)
2. 54% — Falls (slipping, tripping and stumbling; fall from or through building structure; fall on stairs, from ladder, in bathtub or shower, from one level to another, from tree, bed, on ice and snow, etc.)
3. 41% — Violence (gunshot wounds, assault, penetration wounds such as explosion or stabbing or impalement)
4. 57% — Other (medical/surgical complication, hit by falling object, pedestrian, machinery accidents)
5. 39% — Sports and recreations (diving, winter sports, snow skiing, horseback riding, football, parachuting, hand gliding, parasailing, trampoline, wrestling, gymnastics, rodeo, baseball, hockey, soccer, lacrosse, rugby, water skiing, basketball, volleyball, skateboarding, track and field)

What Are Your Legal Rights in a Spinal Cord Injury Case?

If someone else’s negligence caused your injury, you may have grounds to take legal action. You would have the right to recover damages for pain and suffering, medical expenses, lost income, future lost income and other related damages.

Because time limitations exist, it is important to seek legal counsel as soon as possible.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss the injury and the prospects of taking legal action.

What Legal Requirements Exist for a Wrongful Death Lawsuit?

Wrongful death is a legal term that indicates a party’s unlawful actions caused a death to occur. Obviously, not every death is a wrongful death. What makes a death wrongful in the eyes of New York State law?

What Elements Are Necessary for a NY Wrongful Death Lawsuit?

To bring a wrongful death case in New York, the following elements are necessary:

• An individual died (New York State law does not recognize a fetus that dies before birth as an individual, even if a wrongful act killed the fetus)
• The person died as a result of another’s wrongful act, neglect or failure to fulfill a legal obligation
• If the person had lived, he or she would have been able to take legal action against the person who was responsible for the harm
• The person who died must be survived by one or more persons who suffered loss as a result of the death
• Damages exist that can be recovered by the estate
• The court has assigned a personal representative, and that person is the only one who can file the lawsuit on behalf of the surviving beneficiaries (exception below)
• When a personal representatives refuses to bring a wrongful death lawsuit, the surviving family may have an administrator appointed to prosecute the wrongful death on their behalf

Time Limitations

If a criminal action was brought against the same defendant with regards to the wrongful death, the personal representative has at least one year from the termination of the criminal action to file a wrongful death lawsuit even if the two year statute of limitations has expired or if there is less than a year remaining before the statue would expire.

(Reference: New York Estates Powers and Trusts Law, Article 5, Part 4 Rights of Members of Family Resulting from Wrongful Act, Neglect or Default Causing Death of Decedent)

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to talk about wrongful death and determine whether grounds exist to pursue a lawsuit.

Dehydration and Malnutrition in New York Nursing Homes

Dehydration and malnutrition are one of the most common types of nursing home abuse.

What Is Dehydration?

Dehydration is rapid loss of body fluid, and according to the American Medical Association, a weight loss in excess of three percent of the individual’s body weight qualifies as rapid weight loss.

What Can Lead to Dehydration?

• Lack of access to beverages
• Medication side effects
• Illness
• Physical changes in the elderly person’s body

An individual may experience fluid weight loss as a result of the following:

What Are the Signs of Dehydration?

The most serious signs of dehydration include vomiting, trouble breathing and seizures. Anyone with symptoms like these should be given emergency treatment immediately because these symptoms can be life-threatening.

Other symptoms of dehydration include:

• Thirst
• Chills
• Appetite loss
• Fatigue
• Dark colored urine
• Dizziness or lightheadedness
• Dry mouth
• Flushed face

What Is Malnutrition?

When nursing home residents do not eat balanced meals or get enough food, they can become malnourished.

How Does Malnutrition Occur?

Dental problems may make it difficult for a resident to eat certain foods. Some elderly persons are unable to feed themselves. When staff shortages exist, those who cannot feed themselves may end up not eating.

In addition, when food is not properly stored or the home serves bland foods or unappetizing meals, residents may not want to eat. Spoiled, ruined or bland foods can result in malnutrition.

Depression can also be a reason that a nursing home resident is not eating well because depression often results in appetite loss. Medications can also cause for lack of appetite.

Reference: Nursing Home Abuse Center

When to Seek Legal Help

If you suspect that nursing home neglect has resulted in dehydration or malnutrition, and the situation is serious, seek legal help. An experienced attorney can investigate and evaluate whether nursing home abuse exists and help you take legal action.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss and evaluate the circumstances involved with your injury.

New York State Laws on Nursing Home Abuse

Nursing home abuse often occurs due to understaffing or occurs with nursing homes that hire individuals who are unqualified or inadequately trained. Underlying reasons can be that the nursing home is trying to cut financial corners instead of providing quality care.

In addition to nursing home abuse, elder abuse in general is also a widespread problem. According to the New York State website, estimates show that between 1 million to 2 million Americans who are age 65 or older have been subjected to elder abuse through injury, exploitation or mistreatment by someone. The frequency of elder abuse ranges between two and 10 percent based on surveys and the type of research conducted. Research also shows that for every one case of abuse that is reported, five other cases go unreported.

What Signs Should You Look Out for Regarding Nursing Home Abuse?

The New York State Bar Association lists the following as possible signs of elder abuse:

• Social and physical isolation (Preventing the elderly person from having the opportunity to speak with a family member or caregiver)
• Unexplained injuries
• Untidy or dirty appearance
• Agitation, trembling, confusion and/or disorientation
• Confusion about finances and transactions
• Emotional distress such as crying or depression
• Withdrawn or flat/unemotional affect

Medication errors are also a form of nursing home abuse. When staff are incompetent and dispense medication to the wrong resident, give the wrong dosage or provide the medication at the wrong time, it can harm the elderly person. Medicinal or physical restraints when used unreasonably can also be a form of abuse for the elderly.

Seek legal counsel as soon as possible if believe your loved one has been seriously injured as a result of nursing home abuse. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss the injury and the prospects of taking legal action.

How Does Neglect Differ from Abuse?

Finding out whether your parent, relative or friend has been the victim of nursing home neglect is vital for their wellbeing. Sadly, many elderly people are in such a vulnerable state that they cannot attend to their own needs. Unfortunately, they are also in no shape to deal with nursing home staff that is neglecting them.

What Is Nursing Home Neglect?

The New York Justice Center defines neglect as “the failure to provide supervision, or adequate food, clothing, shelter, health care; or access to an educational entitlement.”

Elder neglect is typically a more subtle behavior than abuse. With abuse, you envision an elderly person being shoved, pushed, physically struck or verbally abused or financially exploited. Neglect is an omission rather than a commission.

Nursing Home Neglect Examples

The failure to provide an elderly person with timely medical care is a prime example and one of the most egregious forms of neglect. In some instances, this can even be life threatening. An example would be an elderly person who experiences a stroke and cannot get out of bed. This occurs in the morning but the nursing home staff does not discover the person until dinnertime. Even then, they wait until the next day for a doctor to examine the individual. This would be gross neglect.

Other examples include failing to provide regular care such as the following:

• Bathing services
• Adequate food
• Adequate fluids
• Clothing that protects the person against weather elements
• Supervision by staff and medical professionals
• Safe shelter
• Residents with bedsores

An understaffed nursing home may neglect its residents for the sole reason that staff are stretched too thin to offer proper and regular care.

If your loved one appears to be the victim of nursing home neglect, find out about their legal rights. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss nursing home neglect and whether grounds exist for pursuing a lawsuit.