Occasionally, the defendant or potential defendant in a Buffalo personal injury lawsuit passes away before the lawsuit is brought to a conclusion. This most commonly occurs in car accidents where the driver who caused the injury is killed in the collision.
The death of a defendant does not bar an injured party from pursuing a personal injury lawsuit, but it can complicate matters slightly. For example, to initiate a lawsuit, the suing party must serve a summons upon the defendant. If the defendant has passed away, this usually means that the representative of the defendant’s estate must be served. When the defendant has no estate, steps may need to be taken to have an estate opened for the sole purpose of defending the estate in the personal injury lawsuit.
Because of the complications involved, an experienced attorney should be consulted when proceeding against the estate of a deceased individual. Our firm has years of experience in both personal injury and estate work. If you have any questions on this topic, please feel free to call us at 716-542-5444.
Next time you take a walk around Buffalo, pay attention to the sound of the cars. While we have all complained at some point about cars and trucks roaring by and disturbing our peace and quiet, a recent study by the National Highway Transportation Safety Administration (NHTSA) has found that this noise helps pedestrians and bicyclists avoid serious injury.
This government study involved research into accidents involving hybrid vehicles, which usually run on electric power at slower speeds and, as a result, emit little noise. While the percentage of hybrid vehicles on the roads today is still small, auto manufacturers are releasing a number of new hybrid and fully electric models in 2012, and the number of these vehicles on the roads in expected to grow significantly in the next few years. The NHTSA conducted this study based on concerns that this influx of quiet vehicles on the roads may ultimately prove hazardous.
The study found that hybrid cars were twice as likely to strike a pedestrian or bicyclist as vehicles with internal combustion engines. The primary reason for this dramatic difference would appear to be that pedestrians and bicyclists did not hear the hybrid vehicle approaching prior to being struck. While this finding should concern everyone, it is of specific significance to the blind and visually-impaired, who are at greater risk because they rely on their ability to hear vehicles when walking on or near roadways.
Because the number of quiet vehicles on the roads is expected to increase significantly, the NHTSA is proposing that hybrid and electric vehicles be required by law to make noise at slower speeds. In an effort to come up with a sound that would both protect pedestrians and bicyclists and work for drivers who want a nice, quiet car, the NHTSA has both consulted with professional sound studios and accepted proposals on Facebook.
If you have been injured by a car, please feel free to call us at 716-542-5444. We would be happy to explain your legal rights to you.
One of the most vulnerable groups of Buffalo citizens resides in nursing homes. Placing a parent or grandparent in a nursing home is a very difficult decision, and we all want to make sure the elderly are well cared for when necessity requires they move into such a facility. While it is difficult to obtain hard data on the frequency of abuse or neglect of nursing home residents, the numbers that are available are sobering.
Studies have shown that some form of resident abuse occurs in more than 30% of all nursing homes in the United States. It is difficult, however, to come up with an exact figure for two reasons. The first is that nursing home abuse and neglect can cover a wide variety of issues ranging from failure to properly supervise medication or allowing bed sores to fester to actual physical or sexual abuse of the resident by staff or by other residents. As a result, it can be difficult in some cases to categorize what actions constitute abuse or neglect for purposes of measuring the extent of the problem.
The second is that most cases of nursing home abuse or neglect simply go unreported. Experts estimate that for every one case reported, five more go unreported. Of the cases that are reported, many are never actually brought to the attention of public authorities.
Approximately five percent of senior citizens in the United States reside in nursing homes, half of whom are over the age of 85. Many of these residents are extremely vulnerable to being abused or otherwise exploited. If you suspect a nursing home resident has suffered abuse or neglect, do not be afraid to report it.
As experienced personal injury attorneys practicing in Buffalo for many years, we have noted that when it comes to automobile accidents, we tend to represent more injured women than men. A recent study has found that this is not just a fluke seen only at our personal injury law firm, but a national trend.
This is not the first time this issue has been noted and studied. Previous studies, however, tended to focus on differences between men and women in driving technique to determine whether this could account for the increased risk to women. The current study, conducted by researchers at the University of Virginia and Navarra University in Spain, focused on vehicle design.
After examining ten years of data regarding motor vehicle accidents in the United States, the researchers found that the risk of serious injury to women is greater than men – and for some type of injuries, much greater – because car safety features tend to be designed with men in mind.
The researchers looked at similar accidents involving men and women and the injuries that resulted from the collision. According to the researcher’s article in the American Journal of Public Health, they found that the odds of a woman driver who is wearing a seatbelt suffering a serious injury is 47 percent higher than that of a belted male driver is a comparable automobile accident.
While there may multiple reasons for this discrepancy, the researchers noted that certain safety features tended to inadequately protect women. The position of head restraints, for example, tended to favor men and did not account for gender differences in the size and strength of the neck. Women also were found to be at greater risk of injuries to the legs because of they tend to be shorter than men. The researchers advocated for auto manufacturers to examine how safety features can be enhanced to offer better protection to women.
If you have suffered a serious injury in a car accident, we would be happy to answer your questions. Please feel free to call us at 716-542-5444.
Nearly all Buffalo personal injury lawsuits are heard before a justice of the New York State Supreme Court of Erie County. When that judge makes a legal decision that one of the parties does not agree with, that decision may, occasionally, be appealed to a higher court.
Almost all appeals in Western New York are heard by a court known as the Appellate Division for the Fourth Department, which is located in Rochester. This court will review the record regarding the underlying issue and determine whether the lower court acted properly or made a mistake. In most cases, the decision of the lower court is upheld, but occasionally a lower court decision is overturned based on an error.
But what happens if you disagree with the decision of the Appellate Division? There is one higher court in New York State – the Court of Appeals – which can hear arguments regarding decisions of the Appellate Division court. There are, however, several specific limitations regarding when an Appellate Division decision may be taken to the Court of Appeals. The purpose of these limitations is to keep the Court of Appeals from becoming bogged down with frivolous appeals on issues that have no merit.
As a result, while you may be able to make an additional appeal in a personal injury lawsuit, this is not a guaranteed right, and whether you may do so depends on the specific circumstances surrounding the issue.
When a Buffalo personal injury lawsuit involves negligent conduct by a New York State employee, whether the State may be held responsible hinges upon the specific facts and circumstances of the lawsuit. In some cases, the State may be immune from liability for the actions of an employee. In others, damages may be pursued against the State.
One circumstance under which damages may be pursued against the State involves State run medical or residential facilities. For individuals under the care of such a facility operated by the State, the State is required to exercise reasonable care to protect such patients and residents from being harmed. The degree of care that must be exercised by the staff is determined by the capacity of the patient or resident to provide for his or her own safety, based on his or her physical and mental ailments as known to the employees at the facility.
When an employee knows, for example, that a certain level of supervision of a patient is necessary but fails to provide it, the State may be held liable for that employees failure in a personal injury lawsuit.
If you or a loved one has suffered a personal injury, we would be happy to help you. Please feel free to call us at 716-542-5444.
While most of the rules governing driving in Buffalo are made by New York State, the federal government has a strong voice – backed by federal funding – regarding state driving laws. Recently the Senate Commerce Committee approved an auto safety bill aimed at overhauling several different areas of auto safety.
Parts of the bills, if passed by the full legislature, would provide federal grants to states that ban behavior such as texting while driving and the use of cell phones by teenagers. New York State is well ahead of the federal government and many states in this area, having already banned such activity. The bill also would fund research for the further development of ignition interlock devices in motor vehicles, which prevent an intoxicated driver from being able to start the car.
Aside from introducing incentives for states to adopt new laws controlling dangerous behavior by drivers, the bill also would have a substantial impact on how motor vehicle recalls are handled by automakers. Currently, the maximum fine for delaying in issuing a recall is $17.5 million. The bill seeks to have this maximum potential fine to automakers raised to $250 million. It also would enhance the vehicle recall database and website and create a telephone hotline that mechanics, dealers and auto workers may use to place anonymous complaints regarding vehicle safety issues.
Most Buffalo personal injury lawsuits involve a defendant whose damages are – at least to some extent – covered by insurance. Motor vehicle, homeowners and other types of insurance often provide the defense, including hiring attorneys, in personal injury litigation. When doing so, an insurance company is legally required to protect not just its own interests, but also the interests of its insured. When it fails to do so, it may be accused of acting in “bad faith.”
There are several acts that may lead to an accusation that an insurance company is acting in bad faith, but in personal injury lawsuits, this issue usually arises when a jury returns a verdict in excess of the policy held by the insured. While an insurance company is not required to settle every lawsuit if it has a legitimate reason to believe it has a meritorious defense or the value of the injury is well below the policy limits, it is required to take reasonable steps to protect the assets of the insured.
As an example, an insurance company has an opportunity to settle a personal injury lawsuit within the policy limits. The injury is likely to be worth more than the policy limits and the insurance company’s client is clearly at fault. The insurance company decides not to settle the lawsuit. The matter is then taken to trial and the jury renders a verdict far above the policy limits. Under this scenario, the insurance company may be found to have acted in bad faith and subject to civil litigation to recover the additional amount the defendant is required to pay.
Buffalo medical malpractice lawsuits can be very time consuming and expensive for all parties involved. Fortunately, that situation may soon change based a program designed to resolve such cases quickly that appears to be coming to Erie County.
Currently there are approximately 4,000 medical malpractice claims filed in New York State each year. Many of these claims are straightforward matters that could be resolved quickly, but instead become bogged down in the court system as the attorneys involved use traditional methods in an effort to reach resolution.
Under the proposed program, cases come before a judge earlier in the process, facilitating meaningful dialog between the parties and resulting in cases settling more quickly. A version of the program being brought to Erie County has been used in the Bronx, where it has shown both to cut down on court delays and save money. It also cuts costs to hospitals and directly impacts their insurance costs because time and money is not wasted litigating matters that will eventually settle anyway.
The program is funded by a $3 million federal grant used to train judges on medical issues and is being expanded to Brooklyn, Queens and Manhattan. Some Erie County judges are also being trained.
If you have been the victim of medical malpractice and have any questions, please feel free to call us at 716-542-5444. We would be happy to help you.
Few people involved in Buffalo personal injury lawsuits are one hundred percent healthy prior to being involved in a personal injury accident. As a result, it is not unusual for the defense to point to “pre-existing injuries,” such as age-related changes to the spine or joints, as the cause of the injured person’s suffering instead of the accident.
A pre-existing condition, however, does not bar recovery for damages. If such a condition was aggravated or activated by an accident, the injured person is still entitled to recover damages to the extent that the accident exacerbated his or her condition. While the pre-existing condition creates an additional hurdle for the plaintiff – one that the defense will attempt to exploit – it is entirely possible to recover for any additional injury.
When seeking dismissal prior to trial, the defense must establish that the injury was pre-existing. The plaintiff must offer proof that the accident activated or aggravated it. Obviously, in such cases it is very helpful to the injured person if the medical records establish that he or she had few or no complaints about the condition prior to the accident and there was a drastic change in the treatment required following the personal injury accident.
If you have suffered an injury and have any questions, please feel free to us at 716-542-5444. We would be happy to help you.
