Is that... Will Farrell and Don Draper???
Monday, October 12, 2009
Saturday, September 5, 2009
Should I file a Lawsuit? Should I Contact A Personal Injury Lawyer?
Deciding whether to file a lawsuit is a decision that must be based upon each person's individual facts and circumstances. Making an informed decision, however, is difficult without understanding what is involved in the legal process. In this post, I have tried to outline some of the factors to be considered in deciding whether to pursue a lawsuit.
If you are considering filing a lawsuit, and are looking for a personal injury lawyer, particularly a construction accident lawyer, please feel free to contact me. I personally handle matters throughout lower New York State, especially on Long Island (both Nassau and Suffolk County) and in New York City, and can also help you find a quality lawyer in other regions.
SHOULD I FILE A LAWSUIT?
Pro:
The main motivation for filing a civil suit is to receive financial compensation. Even though money cannot replace what you've lost, it can make your life more comfortable. Money received from a lawsuit can pay for education, medical expenses and devices, food, shelter, and transportation. It cannot make everything better, but it can alleviate financial problems that may make things worse. It is a not a lottery, or a get-rich quick scheme. When someone receives money in a lawsuit, it is because they are entitled by law to receive compensation for an injury they suffered that was someone else's fault. Usually, the compensation is provided by an insurance company, which is in the business of issuing policies to compensate injury victims and makes a profit doing so.
A lawsuit gives you an opportunity to tell your story. For some people, their case may become precedent, and can become an important part of a little niche of history. My grandfather, for example, died of asbestos poisoning. Kreppein v. Celotex later became a leading case in products liability litigation, and there is a sense of pride in seeing my family name in case law.
Lawsuits can also promote positive change. The threat of litigation is a substantial motivating factor in many institutional safety practices. Contractors, property owners, manufacturers, and pharmaceutical companies, among others, are kept from cutting corners due partly to the threat of liability.
Con:
A lawsuit is not a substitute for, or a means towards, closure. The legal process will not make you feel better. It is not a vindication of your struggles, there will be no clapping or cheering, it will not put things right in the world, and it will not make people care.
In fact, going through a lawsuit will likely involve an invasion of your privacy. It will make you re-hash painful memories in a way that will not be comforting. And, for years, it will keep you from closing a painful chapter in your life.
In the end, you will not say "it was all worth it." The legal process may have been worth the struggle, but whatever amount of money you receive will not make up for the injuries you suffer. By it's nature, it can't. If you don't really have a serious injury, you can't fake it. And if you wake up in pain, you are missing a limb, or someone you love is dead, your bank account balance will not make up for it.
CONCLUSION
In the end, no-one but you can decide whether you should pursue a lawsuit. It is rarely a situation where you contact a lawyer and then, without much further involvement, collect payment for your injuries. It is also rare, however, that -- when everything is over -- someone with a legitimate claim regrets having filed a suit. If you are searching for a construction accident attorney or a general personal injury attorney, please feel free to contact me to discuss your claim using either by e-mail or the form below. I would be happy to provide you with an objective, individualized evaluation.
If you are considering filing a lawsuit, and are looking for a personal injury lawyer, particularly a construction accident lawyer, please feel free to contact me. I personally handle matters throughout lower New York State, especially on Long Island (both Nassau and Suffolk County) and in New York City, and can also help you find a quality lawyer in other regions.
SHOULD I FILE A LAWSUIT?
Pro:
The main motivation for filing a civil suit is to receive financial compensation. Even though money cannot replace what you've lost, it can make your life more comfortable. Money received from a lawsuit can pay for education, medical expenses and devices, food, shelter, and transportation. It cannot make everything better, but it can alleviate financial problems that may make things worse. It is a not a lottery, or a get-rich quick scheme. When someone receives money in a lawsuit, it is because they are entitled by law to receive compensation for an injury they suffered that was someone else's fault. Usually, the compensation is provided by an insurance company, which is in the business of issuing policies to compensate injury victims and makes a profit doing so.
A lawsuit gives you an opportunity to tell your story. For some people, their case may become precedent, and can become an important part of a little niche of history. My grandfather, for example, died of asbestos poisoning. Kreppein v. Celotex later became a leading case in products liability litigation, and there is a sense of pride in seeing my family name in case law.
Lawsuits can also promote positive change. The threat of litigation is a substantial motivating factor in many institutional safety practices. Contractors, property owners, manufacturers, and pharmaceutical companies, among others, are kept from cutting corners due partly to the threat of liability.
Con:
A lawsuit is not a substitute for, or a means towards, closure. The legal process will not make you feel better. It is not a vindication of your struggles, there will be no clapping or cheering, it will not put things right in the world, and it will not make people care.
In fact, going through a lawsuit will likely involve an invasion of your privacy. It will make you re-hash painful memories in a way that will not be comforting. And, for years, it will keep you from closing a painful chapter in your life.
In the end, you will not say "it was all worth it." The legal process may have been worth the struggle, but whatever amount of money you receive will not make up for the injuries you suffer. By it's nature, it can't. If you don't really have a serious injury, you can't fake it. And if you wake up in pain, you are missing a limb, or someone you love is dead, your bank account balance will not make up for it.
CONCLUSION
In the end, no-one but you can decide whether you should pursue a lawsuit. It is rarely a situation where you contact a lawyer and then, without much further involvement, collect payment for your injuries. It is also rare, however, that -- when everything is over -- someone with a legitimate claim regrets having filed a suit. If you are searching for a construction accident attorney or a general personal injury attorney, please feel free to contact me to discuss your claim using either by e-mail or the form below. I would be happy to provide you with an objective, individualized evaluation.
Saturday, August 29, 2009
Personal Injury - Construction Accident Attorney [Injuries From Violations Of The NYS Industrial Code]
Labor Law 241(6) reads:
Under Labor Law 241(6), the owner and general contractor can be held liable regardless of whether the owner or general contractor directed or controlled the work. Cunha v City of New York, N.Y.3d 504 (2009). Not every provision of the industrial code is specific enough to give rise to liability, however, and the worker's own negligence will be considered. Misicki v Caradonna, 12 N.Y.3d 511 (2009). The owner or general contractor may also argue that the injuries were caused by something other than a violation of the industrial code, and there may be other parties (such as the equipment manufacturer) who are responsible. Pavlou v. City of New York, 8 N.Y.3d 961 (2007).
The Industrial Code contains numerous detailed provisions regarding specific hazards common to construction sites. Below is a list of some of the more common ones.
Tools and Equipment.
All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. The commissioner may make rules to carry into effect the provisions of this subdivision, and the owners and contractors and their agents for such work, except owners of one and two-family dwellings who contract for but do not direct or control the work, shall comply therewith.This law makes owners and general contractors responsible for ensuring that the New York State Industrial Code is not violated at their work sites, and allows injured construction workers to file a lawsuit to recover damages for pain and suffering if they suffer an injury caused by a violation of the Industrial Code.
Under Labor Law 241(6), the owner and general contractor can be held liable regardless of whether the owner or general contractor directed or controlled the work. Cunha v City of New York, N.Y.3d 504 (2009). Not every provision of the industrial code is specific enough to give rise to liability, however, and the worker's own negligence will be considered. Misicki v Caradonna, 12 N.Y.3d 511 (2009). The owner or general contractor may also argue that the injuries were caused by something other than a violation of the industrial code, and there may be other parties (such as the equipment manufacturer) who are responsible. Pavlou v. City of New York, 8 N.Y.3d 961 (2007).
The Industrial Code contains numerous detailed provisions regarding specific hazards common to construction sites. Below is a list of some of the more common ones.
Tools and Equipment.
- Hand tools must be kept in good repair, free from burs or cracks.
- power-driven machines, such as saws and belts, must have proper guards to protect workers from cutting and tearing injuries to their hands and feet. A common example of a violation of this rule is circular or bench saws where the safety guard has been broken or removed.
- Jacks, forklifts, and other lifting devices must be well maintained and properly rated for the load they are required to carry
- Safety goggles must be provided to workers exposed to risk of eye injury, and a hard hat or helmet must be provided to workers exposed to risks from falling or flying objects.
- Stairways must be safely constructed and have guard rails that meet particular specifications.
- Proper lighting must be provided
- Walls, concrete, and steel work must have shoring or bracing during construction or demolotion
- Flooring must be stable and secure
- Electricity must be turned off or, it if cannot be turned off, proper protection must be taken.
- Compressed gas containers, lines, and hoses must be properly stored and kept safe
- Explosives must be handled with care, and in compliance with particular regulations
- Proper protective clothing must be provided if workers are exposed to toxic or corrosive chemicals, and respirators must be provided to workers exposed to toxic fumes.
- Workers exposed to a risk of falling must be provided with safety harnesses, lifelines, nets, scaffolding, roof brackets, and other safety devices where appropriate.
- Materials stored at a height must be properly secured to prevent falling;
- Shafts must have proper guards and warnings.
If you are looking for a construction accident lawyer, feel free to contact me.
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Related Posts:
- Owners and general contractors are responsible for gravity-related worksite injuries under Labor Law 240(1)
- A Falling Cinder Block Is A Gravity Related Risk Under The Labor Law, And Does Not Need To Be In The Process Of Being Hoisted Or Secured
- Out Of Possession Landlords May Still Be Responsible For Construction Accidents On Their Property
- Whether A Property Is A One- Or Two-Family Dwelling Under The Labor Law Depends Upon The Site And Purpose Of The Work
Saturday, August 8, 2009
Nassau County Supreme Court
Nassau County Supreme Court
100 Supreme Court Drive
Mineola, New York 11501
100 Supreme Court Drive
Mineola, New York 11501
HISTORY
Nassau and Queens were a single county until the turn of the Twentieth Century, but split when New York City consolidated in 1898. Nassau officially became its own County on January 1, 1899, and contains three towns -- Oyster Bay, North Hempstead, and Hempstead -- as well as two cities and numerous incorporated villages.
The cornerstone of the original Nassau County Courthouse was laid by Theodore Roosevelt, a resident of Oyster Bay, in July 1900. After extensive renovations, this first courthouse was renamed the Theodore Roosevelt Executive and Legislative Building in 2008, and is now the home of the County legislature.
The cornerstone of the original Nassau County Courthouse was laid by Theodore Roosevelt, a resident of Oyster Bay, in July 1900. After extensive renovations, this first courthouse was renamed the Theodore Roosevelt Executive and Legislative Building in 2008, and is now the home of the County legislature.
The Roosevelt Courthouse was the home of the Nassau County Supreme Court from 1900 through 1940. In 1940, a larger building was erected, and held both the Supreme Court and the County Court (which hears cases under $25,000). In 1965, the Supreme Court received a new building, its current home, located at 100 Supreme Court drive.
Resources:
LI Biz Blog, Nassau Justices Honored With Portraits
Richard Weir, NY Daily News, Thomas Suozzi praises renovated Nassau County Courthouse (2/28/2008).
Newsday, Time Capsul Unearthed, (1999)
NY Times, Bids Are Opened for the Construction of A New Court House for Nassau County (Dec. 21, 1938).
NY Historical Society, Nassau County Supreme Court;
NY Times, THE GOVERNOR AT MINEOLA.; He Lays the Cornerstone of the New Court House and Talks of Honesty in Public Life. (July 14, 1900).
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