Lawyers.com Blog

What Should You Do If You Are Involved in a Train, Bus, or Subway Accident?

nospam@example.com (Howard Andrew Raphaelson) — Mon, 16 Nov 2009 16:24:15 -0500

While train, bus, or subway transit accidents are not as common as car accidents, injuries are often serious. With all the confusion caused by large numbers of passengers, and the fact that you are not likely to immediately know what caused the accident, it can be very difficult to preserve the evidence you need to present the strong case that will result in the compensation you need for your injuries.

Clearly, the first order of business must be addressing all injuries that resulted from the accident. But, there are many things you and your New York City personal injury attorney can do to obtain the evidence you need to build a strong case.

Obtaining accident site evidence

If you are in a position to obtain evidence at the accident site, take the following actions:

§ Document every detail you can remember of the accident. This can include whether passengers were unable to remain in their seats, whether items inside the cabins came loose as a result or the crash, or even whether you think the lack of safety devices caused injuries.

§ Take note of any conversations you heard. In particular, if the driver or conductor said anything about the cause of the accident, including vehicle or system malfunctions, or if you overheard any pertinent statements made by anyone investigating immediately after the accident, be sure to jot it down. Also, don’t forget that transit accidents make the news. Be sure to watch for and retain any articles you encounter about the accident. They will often include official statements that can help support your case.

§ If you are in a position to take photographs of the accident site, the position of any vehicles, or anything else that might provide evidence of what happened, be sure to do so.

Not all evidence you obtain will be admissible in court, but anything you can obtain can provide valuable clues for your accident attorney in New York.

Obtaining evidence of your injuries

From the moment you first seek medical attention, and until you have fully recovered, you must diligently retain all medical records and receipts for all related expenses (even aspirin or other analgesics purchased to ease the pain from your injuries). Retain clothing or possessions that were damaged by the accident. If your injuries affected your life in other ways, such as losing time at work, or having to hire people to take care of you or your family, be sure to keep detailed records of all your losses.

New York City accident lawyers can help

Whether you were able to collect a great deal of evidence, or even if your injuries prevented you from securing the evidence needed, an experienced accident attorney in New York will be a valuable resource in establishing the proof needed to collect the compensation you deserve for your case.
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Traumatic Brain Injuries involving children are a huge cause of death and disability

nospam@example.com (Howard Andrew Raphaelson) — Tue, 13 Jan 2009 09:06:16 -0500

The Sarah Jane Brain Project is concluding its first national convention today. This foundation is working with urgency to redefine what characterizes a traumatic brain injury for a child. Surprisingly, research and knowledge about traumatic brain injuries involving children is limited.

A large reason for this is that the frontal lobe of a child’s brain does not begin to develop until seventeen. Therefore even small incidents of trauma that damage the brain may not present themselves until many years after the trauma. The goal of the Sarah Jane Brain Foundation is to support the children and their families who have sustained Traumatic Brain Injuries.

Most importantly the foundation intends to create a national standard of care for these children that will give doctors and their families a road map for the treatment and support that is necessary for these children to return to society in a productive matter.

In 1996 Congress passed a law that defined Traumatic Brain Injury. This definition is shortsighted and leaves a large class of these children without support and services that are offered to those that do fit within the TBI definition.

Without these services the children and their families are without direction regarding recovery, rehabilitation and reintegration into society. The good news is that the act does provide authority for modification of the law. It is time that our government looks to the Sarah Jane Brain Foundation as a research tool for determining how the act should be modified so that the class may be better identified.

During the National Convention that took place yesterday and today the greatest medical minds in the country gathered in New York City to discuss the necessary standard of care for TBI involving children. The founder of the Organization, Patrick D'onoghue enjoyed ringing the closing bell at the NASDAQ with his beautiful daughter Sarah Jane.

New York City personal injury lawyer Andrew Levine was honored by being present as well. Sarah Jane sustained TBI during infancy as a result of being aggressively shaken by her baby Nurse. The nurse was sentenced to ten years in jail. The Sarah Jane Brain Foundation is going to ensure that Sarah Jane and others are not left behind because of poorly written laws or any other failures in our medical and social systems.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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Pediatric Acquired Brain Injuries separate from Traumatic Brain Injuries

nospam@example.com (Howard Andrew Raphaelson) — Mon, 29 Dec 2008 09:31:28 -0500

Pediatric Acquired Brain Injuries need to be classified separately from Traumatic Brain Injuries. Study and research to learn necessary protocol and treatment for children with acquired brain injuries has been neglected in the United States. The government does not provide any funding for Pediatric Acquired Brain Injuries. Patrick Donoghue, the father of a young child who sustained a traumatic brain injury, has single-handedly decided that the study and research and development of treatment and protocol for pediatric brain injuries is critical for our country's children and that this need will be immediately addressed by congress.

To this end he has founded the Sarah Jane Brain Foundation, named in honor of his daughter Sarah Jane Donoghue. Howard Raphaelson and Andrew Levine have been appointed to the legal Advisory board for this organization and will help Patrick Donoghue reach the mission and goals that he has set out for the research of Pediatric Acquired Brain injury. Steven Gershowitz, a New York City trial lawyer at the Raphaelson and Levine Law firm, has also taken a leadership role in assisting the sarah jane brain foundation.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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Personal Injury Priority #1 - You, the Victim

nospam@example.com (Howard Andrew Raphaelson) — Fri, 12 Sep 2008 16:55:14 -0400

Obviously, your first priority following an accident should be to secure medical care. At Raphaelson & Levine, our New York City personal injury lawyers take great pride in recognizing the difficulties victims face following accidents. But, there are certain things that should be done assuming they are safe to be done:

Photographs should be taken immediately,
It’s important to get names of witnesses,
It’s important to secure incident reports or make a report to the person who’s responsible.

Ultimately, if it’s safe to do so, the right time to seek legal help is immediately. If the victim doesn’t protect their rights, the person who’s at fault will likely do everything they can to make sure the victim doesn't have the opportunity to present their claim.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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A New Approach to Personal Injury Litigation in New York

nospam@example.com (Howard Andrew Raphaelson) — Tue, 17 Jun 2008 16:49:16 -0400

Since its inception, the Raphaelson Law Firm has always been motivated to provide excellent legal representation and to ensure that all of our New York personal injury lawyers and staff have a sincere appreciation for the problems that our clients and their families face as they meet the challenges that follow accidents and serious injury. These goals are at the core of our Law Firm and they are what separates our firm from other personal injury lawyers throughout New York.

In furtherance of these goals, The Raphaelson Law Firm has assembled an exciting in-house marketing unit. This unit's mission is to reinforce the strong relationships we have with our current, past and prospective clients.

Communication is where it all starts. Our marketing team will constantly reach out to our clients and thier medical providers so that we not only understand their physical injuries, but also are aware of any and all treatments that our clients are undertaking. This brings us closer to our clients and closer to their medical providers and is the reason why The Raphaelson Law firm believes we regularly set new benchmarks for the value of clients' cases.

This communication and cooperation between medical providers and litigators is a concept that has proven to be beneficial in the past. The Office of the New York State Attorney General has, in the past, worked with medical providers to accomplish great things for the public. We endeavor to build on this idea of cooperation and service to our clients and prove, once again, that Laws Work!

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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Another Crane Collapse in New York - How Many Must Die?

nospam@example.com (Howard Andrew Raphaelson) — Fri, 30 May 2008 13:29:23 -0400

The City of New York is failing its citizens. Yet another crane has collapsed at a New York City construction site (see video of the aftermath here). Collapsing cranes in New York city have become not only a pattern but, sadly, an almost monthly occurrence. As New York City construction accident lawyers who have dealt with this many times, we know what this boils down to: the safety of New Yorkers must come before the profits of the New York City construction companies.

A Federal Task Force, independent and separate from the City of New York and the Department of Buildings, must be organized immediately. New Yorker’s safety and lives depend on it.

The organization must be private and apart from the City of New York as cranes have continued to crash to the ground on the City’s ‘watch.’ This task force should be responsible for hiring independent inspectors that can inspect every construction site and make recommendations to the city regarding those sites. This will allow New Yorkers to safely walk the streets with confidence and make the City of New York accountable to its citizens.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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NYC Construction Still a Huge Risk

nospam@example.com (Howard Andrew Raphaelson) — Mon, 19 May 2008 10:51:12 -0400

Yesterday a steel plate plummeted to the ground from 18 stories above. The steel plate landed in a ball field where children were playing.

The site was managed by Tishman Construction. This very site has previously experienced tragedy when steel crashed onto a trailer housing a site architecht. The architecht was paralyzed.

Tishman was also the contractor supervising construction at the site of last year's crane collapse where our client sustained severe spinal injuries.

The city must act and act now to protect the public; responsive action is no longer enough. A violation following a tragedy achieves nothing. We demand proactive action on behalf of the city's public. It is simply no longer acceptable for city workers to remain on the sidelines until horrific construction accidents in New York occur.

Additional resources:

Read the full story on Saturday's construction accident.
Official Tishman Construction website.
Visit our New York construction accident law firm page to follow this story and more.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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Our New York Trial Lawyers on Tort Reform

nospam@example.com (Howard Andrew Raphaelson) — Tue, 06 May 2008 13:26:21 -0400

Tort reform is an attempt to put profits before safety. Product liabilty
laws, medical malpractice laws and general negligence all provide
additional safety for the public. Despite popular belief, medical malpractice claims
have significantly decreased in the last ten years. Nevertheless, premiums
continue to increase. New York trial lawyers and Trial lawyers in general should be praised and insurance
companies more closely regulated! Tort law works!

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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New York Construction Accidents: New Safety Measures Designed to Prevent, Not Just React

nospam@example.com (Howard Andrew Raphaelson) — Wed, 30 Apr 2008 18:01:00 -0400

The New York City Department of Buildings has mandated new safety measures
for construction sites. They include inspection of every construction site
and require that a safety manager supervise all sites from beginning to end of
the construction project. The new standards will create safer worksites
for the workers as well as the general public. Thankfully, those who helped
implement these new standards ignored Mayor Bloomberg's lead following last
months crane disaster. In response to safety violations which may
have led to the workers' deaths as a result of the crane collapse, he claimed the
multiple violations at this construction site were unrelated to the cause
of the crane collapse. Bloomberg was wrong and these new safety measures are
proof of same!

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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The Cost of Bargain Cosmetic Surgery

nospam@example.com (Howard Andrew Raphaelson) — Thu, 24 Apr 2008 16:59:30 -0400

ABC News covered a story about two women in California who received inexpensive collagen injections at their favorite salon. The man administering the injections claimed to be a visiting doctor from San Diego. The two women were tempted by the rock-bottom price of $100 for the procedure - according to the article, the typical price range is $500 to $2,500. Unfortunately, the man was not a doctor at all and he botched the procedure leaving the two women disfigured. The article provides excellent tips for anyone considering cosmetic procedures:

A doctor should perform or supervise treatment in a medical setting (not a spa, etc.)
Check the doctor's and facility's license.
Know the legitimate price range of any procedures you want to get.
Note that collagen and other authentic fillers are recorded on your medical chart as a record of what you've had injected.

Unfortunately, even cosmetic procedures performed by licensed doctors can and do go wrong. In those cases, recovering damages becomes complex because a medical malpractice lawyer must prove the wrongdoing of the medical provider.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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New York Car Accidents: Do You Have Sufficient Auto Insurance Coverage

nospam@example.com (Howard Andrew Raphaelson) — Fri, 11 Apr 2008 17:22:29 -0400

The Raphaelson Law Firm encourages all New Yorkers to ensure that they have sufficient car insurance to protect their families and themselves in the event of an car accident. Too often consumer's find themselves in the difficult position of not being able to recover the amount of money they need to cover all expenses because they did not do their homework before purchasing a policy. Please review the information contained on the New York State Insurance Department Website. If you're still not sure you have enough insurance, reach out to an attorney. Some New York City car accident lawyers (like the ones at our law firm) will review your policy for free to help determine if you have sufficient insurance coverage.

Raphaelson Law Firm
14 Penn Plaza
New York, New York 10122
(877) 731-1346

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East Side Crane Collapse Points to Chronic New York Construction Accident Problem

nospam@example.com (Howard Andrew Raphaelson) — Tue, 01 Apr 2008 13:51:42 -0400

On March 15, a large crane collapsed at 303 East 51 street on Manhattan's upper east Side. It was just the latest in a series of serious construction accidents that occured throughout the city. In the last eight months alone, New York City has been devastated by six construction accidents involving the Deutsche Bank south of Ground Zero, a construction worker who fell to his death at the Verrazano Narrows Bridge, a second incident involving a crane at the Bank of America on 42nd street and two other construction deaths which occurred earlier in 2008. We've always been at the forefront of the effort to enforce construction safety laws in New York and with victims of the latest crane disasters looking to us for help, we are now pursuing litigation against Tishman Construction Corp., New York Crane, and Broadway Concrete. Stay tuned to our New York City Law Firm website to learn more.

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