Katter Law Firm NYC Personal Injury Blog

Tuesday, November 4, 2014

Anyone Who Trips, Slips or Falls, at 30,000 Feet: The Law Is on Your Side

Injured airline passengers can use an international treaty, known as the Montreal Convention, to seek money damages from airlines for in-flight injuries.

Unlike the burden to prove fault in many personal injury claims, once an injured airline passenger proves that they were hurt in an “accident” on an airplane or at an airline’s facility, the burden shifts to the airline to prove that it was not at fault.

Read more . . .

Thursday, October 9, 2014

Loss of Right of Sepulcher: How the Law Encourages Respect and Dignity for the Disposition of People’s Remains

(Warning: contains graphic descriptions concerning people’s remains). 

Although we assume our loved ones’ remains will be treated properly and considerately, that is not always the case.

The requirement that people’s earthly remains be treated with dignity and respect is called the Right of Sepulcher. When remains are handled improperly the deceased’s next of kin may suffer severe emotional shock and injury. Their legal remedy is called Loss of Right of Sepulcher.

Read more . . .

Tuesday, August 26, 2014

3 Reasons Why Insurance Companies Love to Settle Personal Injury Claims “Out of Court”

After a serious accident, an insurance claims adjuster will often contact the injured person to try to settle the case informally, “out of court,” without lawyers. The adjuster works for the insurance company of the person who caused the injury - not the injured party. The adjuster promises a quick payment and no legal fees. While this may sound tempting, here are three important reasons why you should hire an experienced personal injury lawyer to fight for you.

1. Insurance companies know the dollar value of your injuries.

Read more . . .

Wednesday, August 13, 2014

No Legal Fee Unless You Win? What’s That Mean?

Often personal injury lawyers advertise “No fees unless you win,” but what does that really mean?

Most personal injury lawyers will speak, at no cost, with the injured person to answer their question about whether they have a legal claim. If the lawyer believes that there is a case, and the client agrees to go forward, they will sign an agreement called a retainer. Generally, retainers state that the lawyer will represent the client for a particular case and that the client will pay for the legal services.

However, many personal injury lawyers agree to have their legal fee paid, as a percentage of the total recovery, only if they win money for the client. The legal fee is earned only after that money is collected. No legal fee is owed if money is not collected.

Read more . . .

Tuesday, July 29, 2014

Senior Safety Alert: Antipsychotic Use On The Rise

Nursing homes prescribe patients dangerous medications at an unusually high rate -- 20% of US nursing home residents are given antipsychotic drugs that aren't necessary.

Antipsychotics are powerful psychiatric medications with serious and permanent side effects, including death. If only 2% of the general population needs these medications, why do nursing homes prescribe them to patients at ten times that rate?  

These drugs were initially intended for people with severe mental illness such as schizophrenia or bipolar disorder. They're not intended to treat people with Alzheimers and were repeatedly denied approval for use in patients with dementia. They increase memory loss and crush people’s spirits.

Read more . . .

Monday, July 14, 2014

Car Crashes on the Rise

It's shocking that already this year, 165 people have been killed in New York City as a result of car accidents. 

Thousands more have survived serious car accidents, but have suffered critical injuries and fractures. Many people injured by careless drivers have not been able to work or carry on their usual activities and routines. 

Five Tips to Avoid Collisions: 

1. Don’t text, talk or use your smartphone while walking across a street.

2. Don’t text, talk or use your smartphone while operating a motor vehicle.

3. Be on the lookout for vehicles or pedestrians entering your lane of traffic.

Read more . . .

Monday, June 30, 2014

Albany Preserves Construction Worker Safety Laws

New York still has strong laws to protect construction workers, despite a recent push by insurance and construction interests to weaken them.  

Scaffold Safety Law

Since the 1920s, New York’s “Scaffold Law” has protected construction workers, who work at heights, from falls. It does that by placing the burden of providing safety equipment on the property owner and the general contractor. The owner and general contractor have the most control over the job site and are in the best position to make sure that safety equipment is used and and safety rules are followed.

Read more . . .

Monday, June 2, 2014

Should the No-Fault Law’s “Serious Injury” Threshold Be Changed?

New York’s No-Fault law allows people injured by careless drivers to receive payments for their medical bills and lost wages. A higher standard is imposed in order for people to recover for their pain and suffering and future expenses. They must suffer a “serious injury.”

Read more . . .

Thursday, May 1, 2014

Has Your Personal Injury Lawyer Considered Alternative Dispute Resolution?

In November 2013 and January 2014 I had the pleasure of presenting continuing legal education programs on Alternative Dispute Resolution (ADR) at the Brooklyn Law School for the Practicing Law Institute, and at the New York County Lawyers Association.

ADR refers to voluntary methods by the parties suing each other to resolve their legal dispute out of court. ADR can either be in the form of a mediation or arbitration.

Read more . . .

Wednesday, April 9, 2014

The New Type of ER: “Exceptional Rooms” for Seniors

Appropriate emergency room care for seniors is a topic of critical concern. A recent New York Times article, Emergency Rooms Are No Place for the Elderly, discusses the challenges emergency care providers have balancing the extra care and attention older patients require with the need for speedy diagnosis and treatment.

Many seniors suffer from multiple, chronic medical conditions, including high blood pressure, heart disease, and diabetes. If these conditions are not treated regularly, serious and even life-threatening complications can occur. Unfortunately, too often, people put their health care on the the “back burner,” and otherwise treatable illnesses become too disabling to ignore. As a result, a hospital visit for emergency treatment may be necessary.

Read more . . .

Friday, March 21, 2014

For Careless Property Owners, No Notice May Be Good News

If you’ve been injured from a fall on a property defect, and want to bring a legal claim, the owner must have had known about the defect, before you fell.

It’s a common, but false assumption, that just because you’re injured on someone else’s poorly maintained property, you automatically have the right to sue them for causing your injuries. Instead, the law requires that in order to hold an owner responsible for your injuries, they must have either known or should have known about the danger that resulted in your being harmed. The legal term for this knowledge is notice.

Read more . . .

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