Can I Sue the State of New York?

What happens if the person who causes your injury is employed by the State of New York?  In general, the State is responsible for injuries caused by the negligence of employees while acting within the course of their employment, such as a car or other motor vehicle accident, a slip and fall or even an accident covered by the New York Labor Law.  In order to pursue a claim to recover damages from the State for injuries you have received, you will want to retain an attorney who is experienced in pursuing claims against the State.  Although lawsuits against the State of New York are permitted, they are governed by a different set of rules and are even brought in a separate court than other lawsuits.  While lawsuits against private citizens, corporations and even towns, cities and counties can usually be brought in New York State Supreme Court, lawsuits against the State and certain State-related entities have their own court called the Court of Claims.

The State also has its own deadlines for filing claims.  A Claim generally must be filed with the Clerk of the Court and served upon the Attorney General within 90 days of the happening of the accident, unless an Intention to File Clam form is served within that time, which will extend the deadline in the case of negligence to two years from the date of the accident.

One of the other differences is that your case will be decided by a judge, rather than a jury.  Claims brought against the State arising out of accidents that happen in the Hudson Valley are usually tried in White Plains or Albany, New York, which differs from accident cases against other defendants which may be filed in New York Supreme Courts, which are located in each county.

Spiegel, Brown, Fichera & Coté partner Cynthia K. Fichera has experience in obtaining recoveries against the State of New York, including $1.7 million for wrongful death in a case where a stop sign was partially blocked by a tree, $1.2 million for a foot and knee injury sustained in a car accident where a prison van pulled out in front of the injured client’s car, and $80,000 for a knee and ankle injury sustained from a slip and fall on ice on the State’s property.  Spiegel, Brown, Fichera & Coté has also brought claims against the State of New York for accidents involving slip and falls on ice, slip and falls on damaged sidewalks and premises liability on SUNY campuses.

Spiegel, Brown, Fichera & Coté provide experienced injury litigation services throughout Dutchess County and the Hudson Valley, including Poughkeepsie, Hyde Park, Highland, Wappingers Falls, LaGrange, Unionvale, Pleasant Valley, Fishkill, Beacon, East Fishkill and Hopewell Junction, as well as Ulster, Orange and Putnam Counties.

You’ve had a car accident, now what do you do?

When you’re in a car accident you’ll be scared and you’ll be hurt. The first thing you should do if you are able is immediately call the police and then exchange your information with the other driver including name, address and insurance. The next thing you should do as soon as you are able is call your insurance company to report the accident. Virtually every insurance policy in New York requires that all accidents be reported and, more importantly, when you contact your insurance company you should tell them that you are requesting that they send you a New York No-Fault Application for Benefits.

It’s important that you request this No-Fault Application as soon as possible because there are strict time limits which the law places upon you to file this application. In most cases the No-Fault Application must be filed within 30 days of the accident occurring. This application is important because any medical treatment, lost wages and other expenses such as prescriptions will be covered by your no-fault insurance through your own insurance company. However, if you do not file your application in a timely fashion, your insurance company can and in most cases will refuse to pay for your benefits simply because you did not file your application on time.

There are many technical rules which apply to no-fault and dealing with your insurance company. For example, even if you mail your application within the 30 days of your accident, if your company claims that it did not receive the application and you do not have proof that it was actually mailed, your company can still refuse to pay your benefits unless you can prove the application was mailed and received by the insurance carrier. This is done by sending it Certified Mail - Return Receipt Requested.

The attorneys at Spiegel, Brown, Fichera, & Coté, LLP are experienced in dealing with automobile accidents and particularly no-fault law and can be of vital assistance to you after you’ve been in a car accident.

You may also be entitled to recover damages for your pain and suffering from the driver who is at fault in causing the accident. The experienced lawyers at Spiegel, Brown, Fichera & Cote, LLP will provide a free evaluation of your potential case.

BABIES INJURED BY MEDICAL MALPRACTICE HAVE NO CHAMPION IN GOVERNOR ANDREW CUOMO

Without much doubt, the number one category of cases in which we receive telephone solicitations for legal consultations is that of medical malpractice. Probably 95 percent of these inquiries result in our taking the time to chat with the potential client and then to explain why, even in cases of rather clear medical negligence, there is no basis to bring a suit.

Why is this? The answer is that, contrary to the insurance industry’s expensive advertising campaign, the doctors have “won the war” in New York State on the medical malpractice front. How have they done this? These are some of the critical ways:

a) Unlike any other type of personal injury case in New York State such as a car accident or slip and fall, a lawyer may not even file a medical malpractice case unless and until he or she has obtained all the medical records, reviewed the medical facts and the legal issues, referred the case to an independent expert for a formal review (an expensive and time consuming process that must result in a positive expert finding of malpractice and significant harm to the patient).

b) An industry-wide commitment not to settle even the most clear cut cases of doctor-inflicted injury until the case is literally on the eve of trial (unlike most other personal injury cases where a lawyer who is able to prove a clear cut injury and strong fault can achieve a fair settlement in timely fashion for his client).

c) Special rules that limit the lawyer’s contingency fees to as little as one half of the normal contingency fee percentage that is permitted in all other types of injury cases in New York.

Because of the tremendous investment of time and money in bringing these cases, medical malpractice cases are only brought by the most experienced and best trial lawyers in this State. They are also defended by among the very best of the civil defense bar (with all due respect to the automobile insurance company’s lawyers, those that defend doctors and hospitals in medical malpractice cases, are paid three or four times as much and are regarded as extremely competent advocates). Despite the fact that these cases are brought by the very best trial lawyers and have been reviewed and certified to be the result of serious medical negligence by independent medical experts, almost three out of four jury verdicts in this State are in favor of the doctor or the hospital.

In the face of this, the insurance industry has created a web of lies and myths about a “litigation explosion” and alleged punitive damage awards which have shattered New York’s economy. This dishonest campaign of the insurance industry has been ignored by the media (see, however, “Selling Out Injured Baby Rights”, Ralph Nader, www.nader.org).

The fact of the matter is that there are no punitive damages permitted in New York State for medical negligence. The vast majority of the seven figure medical malpractice awards/settlements are in situations involving avoidable birth defects to brain-damaged and other permanently handicapped babies who are victimized — usually while still in the womb — by careless doctors or nurses. These are, obviously, significant exceptions. Nevertheless, these few large awards — almost invariably well justified — are thrown up by the insurance industry to mislead, not only the public, but the medical practitioners themselves to create an atmosphere of fear and of litigation run amok.

Now Governor Andrew Cuomo, in a most cynical fashion, has attempted to curry favor with the insurance industry in Albany (the strongest lobby in our State Capitol) by submitting a budget which would include, buried in the various expense items of the State, a $250,000.00 cap on pain and suffering awards in birth defect and other brain-damaged baby cases in New York.

It is urged that all citizens contact Governor Cuomo’s office as well as your local Assemblyman and Senator and tell them that you oppose Governor Cuomo’s medical malpractice Proposal Number 131.

TRAUMATIC BRAIN INJURIES: A DEVASTATING INVISIBLE INJURY

When a person has an accident and is injured, the most obvious types of injuries are those that can be seen. Injuries like broken bones, lacerations and resulting scars are easily visible to the naked eye but there are many injuries which cannot be seen. Injuries such as neck and back injuries and traumatic brain injuries, while invisible to the naked eye, can often be far more devastating than those that can be seen.

Society is finally starting to pay attention to traumatic brain injuries like concussions. Professional sports leagues, like the National Football League, are conducting studies and some very high profile athletes have had long-term injuries caused by concussions. Last year, a baseball player named Justin Morneau of the Minnesota Twins, a former Most Valuable Player, did not play in a single game following the All Star break after suffering a concussion. His status going into the Spring, 2011 season remains uncertain.

Traditional media is also starting to pay more attention to brain injuries. For example, USA Today published a detailed article concerning a health insurance gap encountered by many, if not most, brain injury victims (”For brain injuries, a treatment gap”, USA Today, 3/2/11).

Traumatic brain injuries are a serious disease that affects millions of people each year. The Center for Disease Control reported 1.5 million people diagnosed with traumatic brain injury in 2001. A traumatic brain injury, like a concussion, occurs when there is a trauma to the brain. For example, when a person slips and falls or has a car accident and strikes their head, their brain will shift within their skull and come into contact with the interior of their skull. The human skull is not smooth on the inside but rather has ridges. When the brain comes into contact with these ridges, injury can occur. It is in these situations when a person may suffer a concussion.

A concussion can occur in a person with or without a loss of consciousness. Acute signs and symptoms of a concussion are: fatigue, nausea, vomiting, headache, dizziness, confusion and seizures. Long-term symptoms include confusion, memory loss, change in personality, poor attention, changing of sleep patterns, becoming upset easily or a short temper, depression and feeling lethargic.

When you are in an accident and suffer a blow to the head you should be aware that you may have suffered a concussion. If you have any of the above referenced symptoms, you should immediately tell your treating doctor and request to see a neurologist, particularly if symptoms are persisting. Because a traumatic brain injury is not always readily apparent, symptoms are often minimized by a patient and they do not even realize they are suffering this injury.  Often symptoms like confusion and a memory loss are ignored by a patient until, months later, they are having difficulty when they return to their job and find that they are not able to perform all of the activities they were once able to do easily. As an attorney who has litigated these types of cases, it is often difficult to causally connect these symptoms back to the original accident if the symptoms of the brain injury are not documented in medical records at the time of the accident.

The long-term effects of a brain injury can often be far worse than those of the obvious injuries suffered in an accident. A broken bone will often heal and the injured person is able to return to their regular daily activities. However, when a person is suffering the long-term effect of a concussion that causes them difficulty in their concentration and memory, these effects can cause undue stress and difficulty with their relationships and their careers for years after their accident. For this reason it is very important when you suspect that you have suffered a concussion in an accident that you advise your doctor of all your symptoms, particularly if you are suffering headache or nausea.

Often, a patient who is diagnosed with a traumatic brain injury will be referred to a neuropsychologist. A neuropsychologist has training in evaluating the effects of a brain injury. They will conduct extensive testing which can be performed over several weeks to assess the impact a brain injury has had on an individual. A good neuropsychologist can assist a patient in understanding their limitations caused by their brain injury so they will know how to deal with them in their everyday life. For example, if a patient suffers short-term memory loss, they may sometimes “blank out” for a moment while driving and not know where they were going. If a person is aware that this could happen, they can make sure to have a GPS with them at all times while driving so if they do suffer this, they can look at the GPS and not suffer distress while driving.

A traumatic brain injury can be a very difficult injury to live with. Often, its effects go unnoticed until a patient’s life is later disrupted. What’s more, our society has tended to minimize injuries like concussions. Thankfully, this attitude is beginning to change and traumatic brain injuries are becoming recognized as the severe injury that it is and new treatments are being developed to assist patients in overcoming them. People should be aware that they can easily suffer a traumatic brain injury when they have an accident, like a motor vehicle accident or a slip and fall. They should report all symptoms they are feeling to the emergency room doctors and their medical professionals to make sure they get the treatment they will need to assist them in overcoming this sometimes difficult and long-term injury. They should also consult an attorney who has the knowledge and experience handling traumatic brain injury cases to make sure they receive proper compensation for this complex and often devastating injury.

Accutane® Injuries

The Law Firm of Spiegel Brown Fichera & Coté, LLP is accepting cases on behalf individuals who have experienced Ulcerative Colitis, Chron’s Diesease, or other Inflammatory Bowel Disease (IBD) as a result of Accutane® use

If you or a loved one suffers from Ulcerative Colitis or other Inflammatory Bowel Disease (IBD) as a result of Accutane use please click this link for a free consultation or call us at (845) 452-7400 or (845) 831-8840. You may be entitled to money damages.

We are accepting cases brought by individuals who have taken either Accutane® or any of its generic forms, marketed as Amnesteen, Racutane, Claravis and Sotret

Accutane® (isotretinoin)

Accutane® is the brand name for the drug known as isotretinoin. Isotretinoin is part of a class of drugs known as retinoids and its active ingredient is derived from Vitamin A. Accutane and its generic forms are prescribed for the treatment of severe recalcitrant acne. The drug works by decreasing facial oil production.

Accutane® Inflammatory Bowel Disease, Ulcerative Colitis and Crohn’s Disease

Inflammatory Bowel Disease, or “IBD” is a sort of “catch all” term medical disorders that are marked by inflammation of the intestines. Intestinal or bowel inflammation is long-lasting and is known to “wax and wane”. In other words it is chronic, and even when it appears to have disappeared — it is likely to return.

Symptoms often initially mimic the common stomach flu and include:

* Severe abdominal pain
* Pain in the joints
* Sudden weight loss
* Loss of appetite
* Skin conditions
* Rectal bleeding
* Fever

There is no known cure for any form of IBD.

Irritable Bowel Disease is generally broken into two types of disease; Ulcerative Colitis and Crohn’s disease.

Ulcerative colitis often causes ulcers and inflammation in the large intestine.

Crohn’s disease usually affects the small intestine, but can occur in all portions of the digestive tract, including the mouth, stomach, and colon.

In 2006 the American Journal of Gastroenterology published a study that identified a link between the use of isotretinoin and the development of IBD.

In March 30, 2010, an article published in the same journal linked Accutane (and generic isotretinoin) to bowel problems.

The study determined Accutane (isotretinoin) use increased the risk of IBD as much as a factor of four depending on the daily dosage.

Accutane® Lawsuits

As of February 2010, all six plaintiffs bringing Accutane® IBD lawsuits against drug maker Roche Laboratories, Inc., have won (one judgment has been overturned by a Florida appeals court.) Juries finding for the Accutane® plaintiffs believed that Roche Laboratories failed to adequately warn physicians and patients of the IBD risk associated with Accutane® use.

In November 2008, for example, a New Jersey jury ordered the company to pay $13 million to three such plaintiffs. The previous April, another New Jersey jury awarded $10.5 million to a woman who blamed the drug for her ulcerative colitis.

In May 2007, another New Jersey trial resulted in an award of $2.62 million to a patient who needed to have his colon and most of his rectum removed after taking the drug. In October that same year, a Florida jury awarded $7 million in damages to another Accutane user who developed IBD.

In June of 2009, Roche halted Accutane® sales, citing the availability of generic isotretinoin and the cost of defending Accutane® lawsuits as its reason for no longer marketing the drug. The pharmaceutical giant’s legal troubles with Accutane® continue to grow as more than 800 Accutane® lawsuits have been assigned to mass tort court before Superior Court Judge Carol Higbee in Atlantic City, NJ.

If you have taken accutane or its generic forms, contact us immediately for a free case evaluation. Do not delay as your claim can become time barred by the applicable statute of limitations.

This is attorney advertising, prior results do not guarantee similar outcomes

WHAT TO DO WHEN YOU’RE HURT FROM A SLIP AND FALL

There is a classic comedy routine where a person slips on a banana peel and falls to the ground in a silly fashion. Unfortunately, when someone really slips and falls, often that person is seriously injured. What’s worse, the fall itself is often the result of someone else’s negligence. When you do fall down, it is important to look where you fell to see what you actually fell on, if possible. If you are unable to do so because your injured, you should try to go back as soon as possible to look to see what might have caused you to fall and take pictures, as well. In addition, talk to any witnesses who saw you fall and get their names and telephone numbers.

In New York, a landowner is usually responsible for a defective condition, such as a liquid spill or other slippery hazards, if they have notice of the condition which gave them a reasonable time to correct the condition. If you can’t prove how long that banana peel was on the floor in the supermarket before it caused you to fall, then you will have a difficult time establishing that the supermarket is liable for your injuries.

When you slip and fall on ice on a sidewalk, it is very important that you file what is called a Notice of Claim against the municipality where you fell as soon as possible but not later than 90 days after you fell. If you fail to file this document on time, then even if the municipality is negligent for your fall, you will probably not be able to recover anything against the municipality for your pain and suffering. In certain instances an adjoining landowner may be responsible for the condition of the sidewalk.

You will also need to obtain a weather report for the day of the accident. New York Law will prevent recovery when a person slips on ice when the storm which causes the condition is still in progress when they fall.

It is for these reasons and for other nuances in the law that you should contact an attorney who has experience in handling all types of slip and fall cases as soon as possible. They can act quickly to gather evidence to establish your case against the landowner or municipality before the evidence is gone. An attorney will also make sure that all the proper documents, including a Notice of Claim, is filed in a timely manner so that your right to collect for your pain and suffering is protected.

Spiegel, Brown, Fichera, & Coté, LLP has been handling slip and fall cases (from the beginning of claims to a verdict) for over 45 years. Our attorneys have obtained some of the highest recoveries in the region for slip and fall cases and many cases settle before trial because our attorneys are always prepared and do everything possible to make sure that a case is ready to be prosecuted.

Firm Recoveries

A sampling of results obtained for clients

• $10 Million for amputation suffered in subway accident
• $6.6 Million for partial paralysis suffered in construction accident.
• $4.4 Million for bilateral leg amputation sustained in auto accident
• $2.3 Million for spinal cord injury caused by swimming pool diving accident
• $2.2 Million for traumatic brain injury caused by auto accident
• $1.8 Million for widow related to husband’s wrongful death
• $1.5 Million for burn injuries caused by a defective space heater
• $1.4 Million for leg amputation due to complications following road construction accident
• $1.2 Million for heel and knee injuries in car accident.
• $800,000.00 for orthopedic injuries suffered in car accident
• $775,000.00 for back injuries suffered in construction accident
• $500,000.00 for heel injury caused by construction accident