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Katter Law Firm NYC Personal Injury Blog

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.


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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.”


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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.


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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.


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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.


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Thursday, March 6, 2014

Have You Been Injured on a Frozen Sidewalk this Winter? The Law May Provide Relief

With this winter’s heavy snow and extreme cold, slippery sidewalks are still a major safety concern for pedestrians.

After a snowfall, New York City law requires property owners to remove snow and ice from their sidewalks. If the property owners fail to do so within a certain period of time, injured parties may bring legal claims against the owners to recover damages - including medical bills, lost wages, and pain and suffering.


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Monday, February 10, 2014

Claim Denied? Five Ways to Make Sure Your Insurance Covers Your Loss

Insurance is a common purchase. Many people buy insurance to protect themselves in the event that they suffer a loss or damages in their home or business. Some people buy long-term healthcare insurance to be able to pay for that care, if it is needed. Under the law, automobile and health care insurance are mandatory. The insurance policy is the written agreement between the insurance company and the policyholder. It states what premiums to be paid, the specific risks covered and the maximum amounts that will be paid. It also contains exclusions, which are the losses that are not covered. The company's claims procedures are in the policy. Consumers should read the entire policy before they file it away to make sure they have the insurance coverage they intended.


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Monday, January 27, 2014

Been Injured? The Legal Clock for Starting a Claim is Ticking. Don’t Delay!

“Last winter, I fell on an icy walkway in front of my apartment building and broke my elbow. Can I still file a claim against my landlord?”

“My mother’s in a nursing home and her hip was broken when she was transferred from her bed to a chair in 2010? Can she sue?”

“I haven’t been able to work since June when a garbage truck knocked me down in a crosswalk and I hurt both my knees. How much time do I have to sue?”

These are the types of questions people ask me when they think about starting a personal injury claim. One of the first things I have to determine is whether the legal deadline to bring a claim has passed. Once the deadline passes, all legal claims that might have been started are barred (prohibited) forever.


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Wednesday, January 8, 2014

5 Danger Signs of Nursing Home Abuse

The New York Times recently reported about a daughter’s shock when a video camera she had hidden in her elderly mother’s nursing home room didn’t help to catch a suspected thief as intended. Instead, it recorded two nursing home employees maliciously, physically abusing her mom. The daughter showed the video to law enforcement authorities and the two employees were eventually fired. The unfortunate reality is that 1 in 10 older Americans are abused or neglected and much of that abuse goes unreported.

Most New Yorkers don’t get to see their elderly loved one as often as they’d like. This blog suggests some warning signs for friends and family to be aware of when visiting elderly lo


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Wednesday, November 20, 2013

Don't Get Your Goose Cooked on Your Holiday Drive

Thanksgiving and the year-end holidays where we get to to spend enjoyable times with our friends and family are rapidly approaching. I’ll soon be driving to join my family in Pennsylvania and know that many of my clients, friends and colleagues will also drive long distances to be with their loved ones. The roads are usually crowded with extra traffic this time of year. Holiday highway travel often is at night, after work or after a festive meal, each of which can greatly reduce a driver’s reaction time.   

 


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Wednesday, November 6, 2013

Nursing Homes Still Violate Fire Safety Rules

The New York Times blog, The New Old Age, reports the outrageous and frightening news that there are more than one thousand nursing homes without fire sprinklers or which contain only partial fire sprinklers in violation of federal rules. Dozens of the homes without fire sprinklers are in New York.

As you can imagine, nursing home residents are especially vulnerable to fire’s dangers. Many residents have difficulty walking, hearing, and seeing. Others may suffer from Alzheimer's Disease and confusion and may not even be aware of a fire’s dangers. Many nursing homes are understaffed and are unprepared for emergency evacuations. Fires often occur at night when staffing is at its lowest level.


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