- Auto Accident Law
- Construction Accident Law
- Brain Injury Law
- Malpractice Law
- Personal Injury Law
- Animal Bite Law
- Mesothelioma Law
- Motorcycle Accident Law
- Slip and Fall Law
- Reflex Sympathetic Dystrophy Syndrome
- Pedestrian Injury Lawyer
- Sexual Harassment Lawyer
- Truck and Semi-Truck Accident Law
- Wrongful Death Law
- Photo Gallery
- Attorney Profile
- Auto Accident Law
- Construction Accident Law
- Brain Injury Law
- Malpractice Law
- Personal Injury Law
- Animal Bite Law
- Mesothelioma Law
- Motorcycle Accident Law
- Slip and Fall Law
- Reflex Sympathetic Dystrophy Syndrome
- Pedestrian Injury Lawyer
- Sexual Harassment Lawyer
- Truck and Semi-Truck Accident Law
- Wrongful Death Law
- Photo Gallery
- Attorney Profile
Did Your Work Environment Cause Your Mesothelioma?
Mesothelioma is a disease caused by breathing or ingesting microscopic asbestos fibers. The fibers become embedded in the lungs or stomach lining, where they cause a deadly malignant tumor. Asbestos is made up of a group of minerals that combined make a product that is highly heat resistant. This makes the substance extremely useful in many industrial applications, including as a fire retardant, insulation for pipes that carry hot substances, such as steam, floor tiles, vehicle brakes, and clutch linings. Asbestos is used often in shipbuilding as a fire retardant. Because of its widespread use in many industrial applications, work exposure to asbestos is considered the leading cause of mesothelioma.
Work Exposure to Asbestos is the Most Common Cause of Mesothelioma
The federal government designates asbestos as a health hazard and strictly regulates its use. These regulations, which apply in construction, shipyards, and general industry, require monitoring of employee exposure to asbestos, particularly airborne asbestos, which is subject to strict limits. Unfortunately, there is no safe level of asbestos exposure.
Even though many people exposed to asbestos do not develop mesothelioma, asbestos exposure is the primary risk factor for mesothelioma. Even short exposures to asbestos can cause mesothelioma, although typically the disease is found in employees who have had long-term exposure to asbestos. This often occurs through their employment. It can take decades of exposure to asbestos for mesothelioma to develop, and even then most people exposed to asbestos do not develop mesothelioma. There are a number of clearly identified risk factors for mesothelioma, including:
Certain Industries Bear the Highest Risk of Mesothelioma
Any office worker potentially faces exposure to asbestos, particularly those who work in older buildings. Still, there are certain jobs that carry an enhanced risk of exposure to asbestos, and these occupations account for most deaths from mesothelioma. These industries include:
If You Have Been Diagnosed with Mesothelioma, Contact Personal Injury Attorney David M. Kaufman, PLLC
If you have been diagnosed with mesothelioma, you should contact an attorney to determine whether you can recover compensation. To schedule a free case evaluation with a New York mesothelioma lawyer, call our office today at 631-761-6400 or contact us online.
The Holiday Season Can Increase Your Risk of Being Injured by a Drunk Driver
For many people, the holiday season is a time to celebrate with family and friends. Between office parties, holiday celebrations, and family gatherings, the holidays are often extremely busy – and may involve drinking alcohol more often than usual.
Even if you aren’t drinking at your holiday parties, other people are, and you are sharing the road with them. And every year, the Christmas and New Year’s holidays lead to a sharp rise in people driving under the influence of alcohol. Sober or not, if you’re out there on the road, you’re at an elevated risk of being involved in an accident with a drunk driver.
Drunk Driving Increases Around the Holidays
When the year-end holidays roll around, police increase their efforts to catch drunk drivers. This is no coincidence. The holidays bring with them more parties. This tends to lead to more drinking and driving after drinking. Further, some people who don’t usually drink may drink at holiday parties. These people may have a lower tolerance for alcohol and may be inordinately affected by their drinking. While they are not habitual or regular drunk drivers, they may become incidental drunk drivers during the holidays. And those who are regular drinkers often drink even more than usual because other people are also drinking around them. These people may actually be habitual drunk drivers, and during the holidays, they may be worse than usual. The situation is a recipe for disaster. Additionally, in December parts of the country can be experiencing weather that presents less-than-perfect driving conditions, and the odds of alcohol-related accidents increase.
There are grim facts regarding alcohol consumption and driving during the holiday season, including:
- More people admit to driving after drinking around the holidays.
- More than a third of drunk driving deaths in December happen between Christmas and New Year’s.
- In 2016, there were 781 traffic deaths related to drunk driving during December.
- In 2017, there were 885 drunk-driving related deaths in December, a sharp increase.
The fact is, the holiday season is brutal for travelers out on the road, and not just because of traffic. Drunk drivers kill hundreds of people ever holiday season. In the last five years, drunk drivers were responsible for about 300 fatalities per year during the week between Christmas and New Year’s alone. Drunk drivers are responsible for more than a quarter of all crash fatalities during the holidays.
If You Are Hurt in an Accident Caused by a Drunk Driver During the Holiday Season, Contact Law Office Of David Kaufman
Sexual Harassment Remains a Serious Problem in the Workplace
Everybody knows that sexual harassment in the workplace is illegal – but that doesn’t mean that it never happens. Importantly, sexual harassment doesn’t have to be the kind that Harvey Weinstein is accused of – known as quid pro quo sexual harassment – that involves an explicit demand for sex in exchange for a job or employment advancement. It can be significantly more subtle. Another type of sexual harassment is known as “hostile work environment harassment.”
This much more common form of sexual harassment occurs when behavior is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. A hostile work environment can arise from a single act of harassment that is particularly severe, but can also arise from a pattern of behavior that could include lewd or suggestive remarks, jokes of a sexual nature, unwanted touching that doesn’t itself rise to the level of sexual assault, and other offensive behavior of a sexual nature. The behavior need not be directed at the employee who complains so long as it takes place within the sight or hearing of the employee.
Steps You Should Take if You’ve Been Sexually Harassed at Work
There are more than four steps you could take, but most sources of advice in this area, including the federal government, agree on a number of important actions. These include:
If you feel comfortable confronting the person harassing you, tell the person to stop. Do it in front of others and make it clear what behavior you consider inappropriate or harassing. Don’t worry about being rude – someone who is harassing you at work is in line to receive a little rudeness.
Find out if your employer has a sexual harassment policy and know what it says. Most employers of any size have a written policy. It might be in the employee handbook or on the company website. Ask a supervisor for a copy if necessary. If the company has a written policy, follow the steps required by the policy; otherwise, talk to a supervisor about what you should do next under company policy.
Document the harassing behavior – write it down, including times, dates, locations, and the nature of the behavior. If the behavior includes visual displays – lewd cartoons, pin-up posters, wall calendars with scantily clad models and the like – take pictures.
File a complaint with your employer. If you actually have been sexually assaulted, call the police and file a criminal complaint. You also can file a complaint with the Equal Employment Opportunity Commission, the federal agency that investigates sexual harassment complaints.
Another action most sources agree on is to hire a good lawyer. Pursuing a sexual harassment complaint can be a complicated legal process, and you will need legal counsel to navigate those waters. If You Have Been Subjected to Sexual Harassment at Work, You Should Contact Personal Injury Attorney David M. Kaufman, PLLC
If you are being sexually harassed at work in the Long Island area, you should contact an attorney to determine whether you can recover compensation. To schedule a free consultation with David Kaufman, call our office today at 631-388-7172 or contact us online.
Don’t Settle Your Case Without Talking to a Lawyer First
The overwhelming majority of personal injury cases are settled out of court. As an accident victim, it’s important to recognize that the insurance company is never on your side, and the only way to make sure you get the compensation you deserve is to retain an experienced lawyer to represent you.
When you have suffered an injury in an accident, your first thought likely is not to start debating whom you should sue. You are more likely to be initially concerned with medical treatment, your recovery, returning to work, repairing or replacing your vehicle, and other immediate practical concerns. Nonetheless, at some point you should start to think about whether you need help with your accident claims. Even a minor accident can leave you with significant economic and non-economic losses, and a severe injury can result in millions of dollars in damages over the course of your lifetime. For this reason, if you’ve been hurt, it’s absolutely critical that you do everything you can to protect your legal rights – which starts by retaining an experienced New York personal injury lawyer.
Can an Attorney Get You a Better Settlement?
Negotiating for a settlement yourself is an option, of course, but personal injury accident settlements usually are not a good arena for amateur negotiators. The circumstances surrounding personal injuries from accidents may be complex, and may require, further investigation, legal analysis, and negotiating experience. Most people do not possess the training, skill or experience of that of a seasoned injury lawyer. Injury cases require a lawyer to synthesize case specific facts with the knowledge of the applicable law, and apply that to the injuries suffered in order to successfully negotiate. Further, the experienced injury lawyer will know when to reject a potential settlement offer, and push the matter towards a trial. Any number of different areas of law may come into play, and a detailed knowledge of the law is required. Further, some cases require an expert’s opinion or analysis regarding areas, such as building codes, medicine, engineering, physics, or other fields of expertise. An attorney with the knowledge and experience regarding the kind of proof or expert testimony required is essential.
You Should Always Retain an Attorney to Represent Your Rights
The annual cost of traffic accidents tops $242 billion a year, including lifetime economic costs. Those costs result from nearly 33,000 fatalities, about 4 million injuries, and approximately 24 million vehicles damaged or destroyed. Factoring in quality-of-life valuations for people injured in accidents, the total cost of traffic accidents in 2010 reached $836 billion. Approximately 54 percent of the costs of traffic accidents are paid by private insurers. At the end of the day, insurance companies don’t want to pay more than they have to. Whether your accident claim is against your own insurance company or the insurer for the other party, you need to realize that neither insurance company wants to pay more than it absolutely has to. An experienced injury attorney can help you maximize your recovery.
If You Are Hurt in an Accident in the Long Island Area, Contact Personal Injury Attorney David M. Kaufman, PLLC
If you have been hurt in an accident, you should retain an attorney as soon as you can. To schedule a free consultation with a New York personal injury lawyer, call our office today at 631-388-7172 or contact us online.
How Much is My NY Auto Accident Claim Worth?
Car accidents can leave motorists with substantial losses – both economic and non-economic. Calculating how much compensation you deserve can be a daunting task, one which requires an experienced Suffolk County car accident attorney. Read on for more information about how much you can receive with a claim.
Some motorists suffer serious injuries, including fractures, traumatic brain injuries, or spinal cord injuries that may require months of medical treatment. These injuries can have a devastating impact on a person’s emotions and finances.
You can typically seek, and possibly receive, compensation for medical care to treat your injuries. The amount will depend on:
- The severity of the injury
- How you respond to the treatment
- The cost of treatment
- The duration of your treatment
Our clients can receive compensation for expenses like ambulance trips, surgery, hospital stays, rehabilitation, doctor’s visits, and prescription drugs. If your injuries require ongoing medical treatment, you can also receive compensation for these future expenses. When future expenses are involved, it’s critical for victims to retain an attorney, as it’s important to establish future damages with concrete evidence.
If your injuries keep you out of work, or limit your ability to work, you may receive compensation for any wages you have lost. Some motorists suffer catastrophic injuries that can make it very difficult to return to their old employment, or to any job at all. These people might be able to receive lost future earnings to make up for their future losses. In cases involving a lifetime of lost income, it’s often necessary to enlist the assistance of an expert economist or actuary to determine how much a person would have earned over the course of their career.
You may also qualify for compensation for damage done to your vehicle in the crash or damage to other property. You can typically receive any amount necessary to repair your vehicle or, if it is totaled, to replace it.
Not all losses injured motorists suffer can be easily measured in dollars and cents. Nevertheless, injured motorists can receive compensation for the following:
- Pain and suffering, which covers physical pain and mental suffering
- Emotional distress
- Loss of enjoyment of life
If your case goes to trial, a jury will have to use its experience and common sense to arrive at a dollar amount that will compensate you. Depending on the severity of your injuries, you might receive several times more in these non-economic damages than you do for your economic losses.
Liability in some auto accidents is not always black or white, and you might have contributed to your own injuries. New York’s comparative negligence law will reduce your compensation by your percentage of fault. The percentage of your fault in the happening of the accident reduces your recovery by that amount. As an example, if your economic and non-economic damages or injuries total $100,000 but you were 60% responsible, then you can only receive $40,000 in compensation.
Speak with an Experienced Suffolk County Car Accident Lawyer
Before requesting compensation, you need to fully understand how much your injuries are worth. To help with this process, contact the Law Office Of David Kaufman, which is pleased to meet with you for a free initial consultation. Please call 631-388-7172 or submit an online contact form. Remember, any delay in retaining an attorney may jeopardize your ability to recover compensation, or the amount recovered.
Dog Bite Injuries Can Be Much More Serious than You Think
It’s hard to leave the house in Nassau or Suffolk County without running into a dog or two. While most of our encounters with man’s best friend are positive, the unfortunate reality is that every day thousands of people are injured by dog bites. In fact, according to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs every year in the United States, and nearly 1 in 5 dog bite victims needs to seek medical attention.
While it may be easy to think that dog bites tend to be nothing more than "nips" that may cause a scratch or bruise, in reality, dog bites are capable of causing severe injuries. In addition, serious dog bites can result in additional complications that can be worse than the injuries caused by the initial bite!
Here are some of the more serious injuries that can result from a dog bite:
Traumatic Brain Injuries – Traumatic brain injuries can occur if a dog bites your head or you fall during an attack and hit your head with enough force. Traumatic brain injuries can leave victims with debilitating symptoms that can last for weeks or even months. In fact, in particularly severe cases, victims may even develop long-term or permanent disabilities.
Broken Bones – Dogs have extremely powerful jaws that can easily crush bones when they bite down. Broken bones can require surgery to correct and can leave victims with permanently disfigured limbs or extremities.
Nerve Damage – When a dog bites into your flesh, it has the potential to damage the nerves responsible for sensation and motor control. Importantly, nerve damage can be permanent and cause numbness, weakness, tingling, and other long-term complications.
Serious infections – Contrary to what you may have heard, dog’s mouths are not “cleaner than ours.” In reality, they harbor millions of bacteria that could potentially cause a serious infection. In fact, just recently a Wisconsin man had to have his limbs amputated after he developed complications from an infection he contracted from a dog lick – not even a bite!
Protecting Your Rights after a Dog Bite
There are certain steps that you should take after a dog bite to ensure in order to protect your legal rights. These include the following:
Get the name of the dog owner and ask eyewitnesses for contact information.
Seek medical attention immediately. Many dogs are not up to date on their vaccinations, and it is critical that you start any necessary medical treatment immediately. In addition, seeking medical attention will result in the generation of an official record detailing your injuries, which can be used as evidence during any insurance or legal claim.
Do NOT accept any settlement offers made by the dog’s owner or his or her insurance company.
Retain an attorney as soon as you can.
Call the Law Office Of David Kaufman Today to Schedule a Free Consultation with a New York Dog Bite Attorney
If you’ve been injured in a dog attack in Long Island or the surrounding areas, you should call attorney David Kaufman as soon as you can. Mr. Kaufman will review the facts of your case at no cost to you and determine whether you have a claim. To schedule a free case evaluation with Mr. Kaufman, call our office today at 631-388-7172 or send us an email through our online contact form.
Halloween and Pedestrian Accidents—What Parents Need to Know
Halloween is a great time to dress up and enjoy some thrills, whether by visiting a haunted house or scaring your neighbors. Unfortunately, many parents experience a terror of a different sort when their children are out walking the streets of dark neighborhood streets.
Early nightfall and often uncooperative weather conspire to put children at risk of being struck by motorists. Helpfully, there are things your children can do to minimize the risk of an accident, which you might want to discuss with them before they head out for trick-or-treating.
Cross Only at Intersections
Motorists are not expecting children to shoot out in front of them, so tell your children to cross only at intersections. Also, have them check both ways before going across. Many costumes are a dark color, which means your children will not be visible to drivers, some of whom might be rushing to get home after a long day, distracted by costumes, or holiday decorations.
You can give your children flashlights to turn on as they walk, or you can put reflective tape on any bag that they are carrying.
Outfit Your Children in Costumes that Fit
Children can injure themselves when tripping over their own costume. Lift the hem on skirts and pants so that your children can walk free of obstruction. Also, pick sturdy footwear for your children that will grip the ground.
Billowing sleeves and other cloth can get caught in car doors or the doors of homes, so ideally you will outfit your child in something sensible that fits closely.
Avoid Going Inside
Many children trick-or-treat only at homes of people they know. If your children are visiting the homes of strangers—and you are not going with them—then make sure they know to stay outside and not go indoors of an unknown home.
Children should also travel in a group instead of going out alone. Make sure the group is not too big, because it is easy for a child to get left behind if the group has too many children. Conversely, if the group is too small, one or more children might head home, leaving your child all alone.
This tip is for Moms and Dads who are out on the road during Halloween. Drive slower than normal and alert for any children in costume. The slower you go, the more time you give yourself to stop if a child darts out into the road in front of you. Children can be visually impaired inside a costume, or unusually careless given this festive occasion.
Also be careful when pulling out of driveways and when driving through intersections. Triple check, if necessary, to make sure no one is coming. If you do see a child approaching, assume they will not stop for you, so give them the right of way just to be safe.
Speak with an Experienced Injury Attorney
The Law Office Of David Kaufman wishes you and your children a safe Halloween. However, if you or a loved one, suffer an injury, then please call the office today. Injured pedestrians are eligible to receive a free consultation, which you can schedule by calling 631-388-7172 or sending an online message.
Who is Liable for Uber Accidents?
Ridesharing companies like Uber are here to stay. Only a few short years ago, Uber and Lyft revolutionized transportation across the U.S by allowing motorists to use their vehicles as taxis, and now they operate in dozens of counties around the world. However, Uber accidents continue to confuse people, in particular with respect to liability for accidents. The answer depends on who caused the crash and how much insurance they have available. Below, we run through some common scenarios.
You Are a Motorist Struck by an Uber Driver
Uber drivers cause collisions just like anyone else on the road, so you might be rear-ended or sideswiped by somebody using their vehicle as an Uber. If the Uber driver caused the collision, they are liable. However, if you caused the accident, then you are responsible.
First, injured motorists can access $50,000 in no-fault benefits, which are required in New York. Because these benefits are no-fault, you can access them even if you are to blame for the crash.
Second, if the Uber driver is to blame, then you can access additional benefits by suing the driver, who should have insurance. The amount of insurance available will depend on whether the Uber driver was logged in and looking for rides at the time of the collision:
- If the Uber driver was not logged in, then you must make a claim on any liability insurance they have.
- If the Uber driver was logged into the app but had not yet accepted a ride, then the driver has an insurance policy offering $50,000 per person for bodily injury, up to $100,000 per accident. The policy also provides $25,000 in property damage per accident.
- If the Uber driver had accepted a request and was on their way to pick them up, or if they were in the act of transporting a customer, then much more insurance is available. The driver should have $1 million in coverage for all bodily injuries and property damage.
You Are an Injured Uber Passenger
The key question is who is responsible for the accident that injured you—your Uber driver or another motorist. If it is the Uber driver, then he or she is responsible. If a different motorist struck the Uber driver, then this driver is responsible.
Insurance is complicated. As a passenger, you can access the $50,000 no-fault benefits that the Uber driver has for their vehicle. If you also have a registered vehicle, you might access another $50,000 through your own policy. This will give you $100,000 in no-fault benefits.
If your expenses exceed this amount, then you need to determine liability. If your Uber driver is to blame, then you can make a claim with their insurance policy, which provides up to $1 million in benefits. If the other driver is to blame, you can make a claim with their liability insurer.
Helpfully, if the other driver is uninsured, then Uber has a $1 million uninsured/underinsured motorist policy that will kick in.
Contact a New York Uber Accident Lawyer Today
New York’s no-fault insurance laws are complicated enough as is, but throwing a ridesharing company into the mix only adds to the complexity. If you have questions, or if you need help filing a claim, reach out to an experienced Uber accident lawyer in New York today.
Attorney David M. Kaufman is pleased to offer a free consultation to injured motorists. Schedule yours by calling 631-388-7172 or submitting an online message.
How Long Do You Have to File a Claim after a NY Car Accident?
After a car accident, you might feel overwhelmed dealing with your injuries. Many car accidents leave victims in considerable pain, which makes it difficult for them to think clearly about obtaining compensation. In fact, filing an insurance claim might be the last thing on their minds.
Nevertheless, New York sets certain time limits you must meet if you hope to receive compensation after a New York car accident. Read on for more information.
Promptly Report an Accident to Your Insurer
No-fault - According to the Department of Financial Services Regulation 68, an injured motorist should provide written notice of the accident as soon as possible—but no later than 30 days after the crash in order to apply for No-Fault Benefits. The notice should contain information about the time, place, and the surrounding circumstances of the crash. If you miss the 30-day deadline, you can get an extension but only if you provide solid proof of why you were late. For example, someone in a coma or in and out of surgery might not even be aware of what day it is. However, your best bet is to report the accident as soon as possible. Liability - Insurance companies require “prompt” notification of an accident, usually within 24 hours, unless there is an excuse or reason for delayed notification. If you fail to promptly notify your insurance company, you should immediately do so, or call an attorney to help you decide the best course of action.
Submit Supporting No-fault Documents within 45 or 90 Days
Your no-fault insurer will need certain documents to help process your no-fault claim. You should submit the following documents in a timely manner:
- Health care bills within 45 days
- Lost wage claims within 90 days
If you wait too long, you will compromise your ability to receive compensation.
File a Lawsuit within 3 Years
If your injuries are sufficiently serious, you might consider filing a lawsuit against the driver who is at fault for the accident. These lawsuits have their own deadline set out in the state’s statute of limitations.
In particular, injured motorists usually have three years to file a lawsuit for any personal injuries or property damage as a result of the collision. This statute is found in New York Civil Practice Rules and Regulations 214.
However, if a loved one died in the accident, then you have only two years from the date of the death to file a wrongful death lawsuit. If you miss the deadline, then a judge will dismiss your lawsuit, meaning you cannot hold the driver accountable for the injuries they caused. Further, if you are involved in an accident with a vehicle owned by a municipal or government agency or operated by an employee of a municipal or government agency, you have a much shorter time to act, and your failure to take the required steps and notifications could also prevent a lawsuit or claim.
If you hope to settle your case, the fact is your real leverage is your ability to bring a lawsuit if they do not offer adequate money. For this reason, you absolutely must protect your rights and file a lawsuit before the limitations period ends. But, remember that there are numerous other obligations to fulfill in order to maximize your recovery. Speak to a New York Car Accident Lawyer
If you have been injured in a New York car accident, time is of the essence. Many injured motorists benefit from hiring an experienced car accident lawyer who can relieve them of the stress of dealing with insurance adjusters and the court system.
For a free consultation to talk about your case, please contact the Law Office Of David Kaufman today, by calling 631-388-7172 or filling out an online contact form.
Recent Changes to NY CPLR § 2305
The New York Civil Practice Law & Rules (NY CPLR) govern the many stages of civil litigation, including for personal injury lawsuits. One important part of litigation is obtaining records and documents that your attorney may examine to build a case and to use at trial. Such records may be obtained by issuing a subpoena, which requires the production of the documents.
Previously, New York courts had subpoena record rooms where documents would be delivered, and where attorneys would have to go during certain hours and pay to copy the needed records. As of August 2018, however, the legislature amended NY CPLR § 2305, which addresses subpoenas, to make the process easier for civil attorneys. The rule now allows attorneys to receive subpoenaed documents at their offices directly, rather than having to make a trip to court when the records room is open. That attorney then shares copies to opposing parties when necessary.
While the changes in NY CPLR § 2305 might not seem important to car accident and other personal injury victims, it makes the litigation process more streamlined and efficient for personal injury attorneys. This, in turn, saves costs for injured plaintiffs and gives your attorney more time to tend to the core issues of your case.
What is a Subpoena?
A subpoena is a formal request for evidence, which can involve the production of documents or the appearance of a witness to testify at a legal proceeding. A subpoena is a court order, which means there can be penalties if someone refuses or fails to comply with the order. The changes in the law refer specifically to a “subpoena duces tecum,” which is a request for documents or other physical evidence.
In personal injury cases, a subpoena duces tecum may be used to obtain many records, including:
- Insurance records
- Police records and reports
- Medical records
- Driving records
- Employment files
The specific documents your attorney may request will depend on the circumstances of your case. For example, in drunk driving cases, your lawyer will likely seek the police records of any chemical testing that may indicate the driver was over the legal limit. If you sustained injuries due to a dangerous hazard in a store, your attorney may want the records of when the premises were inspected and maintained. Subpoenas can be used in many different ways and can result in important evidence to support your personal injury claim.
Contact a Long Island Personal Injury Attorney to Discuss Your Situation
As an experienced New York personal injury attorney, David Kaufman strives to resolve cases for every client in the most efficient and stress-free manner possible. He understands the complex laws and court procedures in New York and stays apprised of any changes in the law that may benefit your claim. If you suffered any type of accidental injury and want to learn about your options, do not hesitate to contact the Law Office Of David Kaufman. Contact our office online to schedule a free consultation.
Who’s Responsible when a Self-Driving Car Crashes?
Self-driving cars – once seen as novelties of the future – are quickly becoming a reality all over the country. Within the next several years, many manufacturers, including BMW and Mercedes, plan to unveil vehicles which are fully automated and which can literally drive themselves.
With the advent of self-driving cars comes a whole new set of legal questions. These questions present themselves when self-driving vehicles collide with other motor vehicles, pedestrians, or bicyclists, and cause injuries to others. Although this is a relatively new and unsettled area of law, if you’ve been hurt by an autonomous or semi-autonomous vehicle, you may be able recover compensation for your injuries.
Attorney David M. Kaufman has been practicing law since 1989 and is committed to helping car accident victims obtain the compensation they deserve. To schedule a free consultation with Mr. Kaufman, contact us online or call our office today at 631-388-7172.
New Automobile Technology
With every year comes increasingly advanced features and technology on automobiles. These new features help keep drivers from switching lanes too abruptly, warn drivers of obstacles behind them as they reverse their vehicles, and quickly stop their vehicles if another vehicle makes an abrupt stop in front of them. These new car technologies utilize radar, mirrors, sensors, and cameras to help drivers avoid serious crashes. In the near future, these vehicles are expected to be fully automated, without any need for a human driver.
It is important to remember, however, that these new technologies have a downside – if they fail, they can actually cause the very accidents that they are designed to prevent.
Suing a Vehicle Manufacturer or Designer
As totally self-driving vehicles gradually become a reality in the coming years, it is important to consider who will be responsible in the event of a collision. Although most car accidents have traditionally centered on driver negligence (i.e. failing to abide by a reasonableness standard of care), accidents involving self-driving vehicles are more likely to focus on manufacturing and design defects in the self-driving system.
Manufacturing and design defects do not always require a negligence finding. In order for an accident victim to file a claim or lawsuit against a vehicle manufacturer, designer, or distributor, he or she need only show that the vehicle had an inherent defect which rendered it dangerous or unsafe.
However, accident victims may also be able to sue the manufacturer or designer for negligence in some cases. Specifically, the accident victim could allege that the vehicle – or the technology therein – was unreasonably or negligently manufactured or designed.
Call Us Today to Speak with a New York Personal Injury Attorney
If you have been injured in an accident involving a self-driving car or any other type of vehicle, you should speak to an attorney as soon as you can. With nearly 30 years of experience practicing law, New York personal injury lawyer David M. Kaufman has the skill and experience required to bring your case to a successful resolution. To schedule your free consultation with Mr. Kaufman, call our office today at 631-388-7172 or send us an email through our online contact form.
What Causes Scaffolding Collapses at Construction Sites?
Working on scaffolding can be dangerous, especially at construction sites. In fact, simply being around scaffolding can expose a person to a significant risk of injury. According to the Occupational Safety and Health Administration, approximately 4,405 employees suffered serious injuries or death while working on a construction site in the last year.
Scaffolding can be several stories above ground and is sometimes put together hastily. When builders do not take their time constructing scaffolding or use substandard material, a scaffold can pose a serious hazard, both to those working on the scaffolding and anyone who happens to be underneath it.
If you or a loved one has been injured in a scaffolding collapse accident, you should speak to a New York personal injury lawyer as soon as you can. At the Law Office Of David Kaufman, we will review your case for free and let you know whether you have a claim. To schedule a free case evaluation, call our office today or send us an email through our online contact form.
How Scaffolding Collapses Occur
Scaffolding collapses can occur in a variety of ways. Some of the most common causes include the following:
- Shoddy construction
- Overloaded platforms
- Loose fasteners holding scaffolding together
- Improper, old, or inadequate scaffolding materials
- Improperly anchoring scaffolding materials to the wall or failing to provide the necessary reinforcements
- Interference of surrounding construction equipment with the scaffolding supports and beams
OSHA Concerns Regarding Scaffolding
When it comes to scaffolding collapses and other construction site accidents, regulations imposed by the Occupational Safety and Health Administration (OSHA) become important. When construction companies and other employers violate OSHA regulations, they can be legally liable. OSHA imposes the following regulations with regard to scaffolding, the purpose of which are to prevent collapses:
- Job site scaffolding must be able to support at least four times the amount of the expected maximum load.
- The construction company must immediately repair any damaged scaffolding on the construction site, and scaffolding may not be used until all repairs are made.
- Scaffolding planks must always be tightly secured, and if not, must overlap by a minimum of 12 inches.
- Moveable objects, including concrete blocks, cannot be used to hold down scaffolding.
- Workers must be provided with an access ladder or some other means of safely accessing the scaffolding.
- Workers may not perform construction work on outdoor scaffolding during inclement weather.
Injuries in Scaffolding Collapse Cases
Since scaffolding can be very tall and place workers many feet off the ground, a collapse can seriously injure those working on the scaffolding – as well as those who happen to be underneath it. Common injuries in scaffolding collapse cases include traumatic brain injuries (TBI’s), crush injuries, paralysis and other spinal cord injuries, soft tissue injuries, and death.
Call a New York Personal Injury Lawyer Today to Discuss Your Case
If you or a loved one has suffered injuries in a scaffolding collapse accident, you should speak to an attorney as soon as you can. Attorney David M. Kaufman works with clients in Suffolk County, Nassau County, and Long Island, as well as throughout the rest of the New York area. To schedule a free case evaluation with Mr. Kaufman, call our office today or contact us online.
Minor Traffic Violations Can Cause Serious Pedestrian Accidents
When motor vehicle drivers are in a hurry and violate the rules of the road – especially around traffic intersections – the consequences can be tragic. When a car or truck collides with a pedestrian, serious injuries can occur, including serious broken bones, traumatic brain injuries, spinal cord injuries, and even injuries that result in death. These injuries happen because pedestrians are fully exposed to the world around them, and a collision can cause severe primary injuries as a result of the impact as well as secondary injuries when pedestrians are thrown to the ground or into other vehicles.
At the Law Office Of David Kaufman, we have worked on many pedestrian accident cases in and around New York, including the communities of Suffolk County, Nassau County, and Long Island. If you have sustained injuries in a pedestrian accident that was brought about by a negligent driver, please contact our office today to schedule a free consultation with an experienced New York personal injury lawyer.
Here are some of the more common traffic violations that often result in serious injuries to pedestrians:
Running a Red Light or a Stop Sign
Traffic lights and stop signs are often found at busy intersections – especially those with crosswalks. When motor vehicle operators carelessly run a stop sign or try to beat a red light, they can collide with pedestrians who may still be present in the crosswalk. If the motor vehicle was unlawfully in the intersection, the driver can be deemed responsible for the accident and the resulting injuries.
Even though many motor vehicles are equipped with back-up cameras and other high-tech devices, some drivers fail to use these devices and do not look behind them as they back up. When they fail to do this, they can collide with pedestrians who may be walking behind their vehicle. These types of pedestrian accidents are especially common in parking lots, parking garages, and other areas where motor vehicles must share the roadway with pedestrians.
Distracted driving occurs when motor vehicle operators divert their attention away from the roadway in front of them or behind them, often causing a serious collision with a pedestrian or another motor vehicle. Some common examples of distracted driving on roadways and in parking lots and parking garages include the following:
- Cell phone use while behind the wheel, including texting and making phone calls while driving
- Disciplining young children in the car – usually in the back seat
- Roughhousing, fighting, or engaging in horseplay with passengers in the vehicle
- Listening to loud music while driving
Call the Law Office Of David Kaufman Today to Schedule a Free Consultation with a New York Personal Injury Lawyer
If you have suffered injuries as a pedestrian because of a motor vehicle driver’s carelessness or negligence, you have legal rights and options available to you. At the Law Office Of David Kaufman, we understand that pedestrian accidents can result in serious injuries, damages, pain, suffering, and inconvenience – and we are here to help.
We serve clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation, call our office today at 631-388-7172 or send us an email through our online contact form.
What Damages can You Recover in a New York Motorcycle Accident Case?
The worst fact about many motorcycle accidents is that they are entirely preventable. When motor vehicle drivers operate their vehicles negligently and forcefully collide with a motorcycle, they can cause serious injuries and property damage. These accidents may also result in medical treatment, physical therapy, occupational therapy, and lost wages – all of which could have be completely avoided had the driver used reasonable care.
At the Law Office Of David Kaufman, we understand the frustration and pain that motorcycle accident victims experience and do everything we can to help them obtain justice. We will review your case at no cost to you and will only collect legal fees if we successfully recover compensation on your behalf. To schedule a free case evaluation with a New York personal injury lawyer, call our office today or contact us online.
Common Injuries Sustained in New York Motorcycle Accidents
New York motorcycle accidents often occur at high speeds and with great force. When a car or truck collides with a motorcycle, the collision can force the motorcycle driver and any passengers off the bike and onto the ground, often resulting in serious injuries in the process. These injuries can include spinal cord injuries, bone fractures, soft tissue contusions, muscular sprains and strains, traumatic brain injuries, and sometimes death.
Types of Monetary Damages Available
Motorcycle accidents can result in serious injuries that require medical attention and treatment. You may also miss time from work to attend medical appointments and otherwise recover from your injuries. Following a motorcycle accident, you may be able to pursue the following damages:
- Medical expenses – In addition to recovering compensation for your past medical expenses related to your accident, you may also be able to recover damages for anticipated medical costs (i.e. future damages) – such as for a future surgery or other medical procedures.
- Lost wages – Motorcycle accident victims can recover damages equivalent to all the time they missed from their job because of the accident. In serious cases, they may even be able to recover for future lost earning capacity. This is especially true if they have to change jobs – or entire careers – because of the injuries they suffered in an accident.
- Pain and suffering – Injuries sustained in motorcycle accidents – along with the resulting medical treatment and therapy – can be very painful. Accident victims are entitled to recover damages for all of the pain, suffering, mental anguish, and inconvenience associated with their motorcycle accident.
- Property damage – Accident victims may be able to recover monetary compensation for property damage sustained in the accident, including the costs of repair or replacement.
Call Us Today to Speak with a New York Personal Injury Lawyer about Your Motorcycle Accident Case
If you have suffered injuries in a motorcycle accident caused by a negligent driver, you should speak to a lawyer as soon as you can. We serve clients throughout New York, including in Suffolk County, Nassau County, and Long Island. To schedule your free case evaluation with a personal injury lawyer in New York, call our office today or contact us online.
Spinal Cord Injury FAQ
According to the Centers for Disease Control and Prevention (CDC), nearly 46% of all spinal cord injuries that occur across the country result from serious motor vehicle accidents. However, spinal cord injuries can follow other accidents as well, including workplace accidents and slip and falls.
If you or a loved one has suffered a spinal cord injury, you need experienced legal counsel on your side. At the Law Office Of David Kaufman, we are committed to helping spinal cord injury victims obtain the compensation to which they are entitled under the law. We work with clients through the state of New York, including Suffolk County, Nassau County, and Long Island. To schedule a free case evaluation with a personal injury lawyer in New York, call us today at (631)-388-7172.
What is a Spinal Cord Injury?
When a spinal cord injury occurs and the spinal cord is severely damaged – usually because of a direct impact to the neck or back in a serious accident, the damage to the cord can disrupt the brain’s ability to communicate with the rest of the body, potentially resulting in paralysis below the site of the injury. Types of paralysis include:
What Causes Spinal cord Injuries?
Spinal cord injuries can occur in a number of ways. Some of the most common causes of these injuries include motorcycle accidents, car and truck accidents, slip-and-falls, and boating accidents. What is most important for victims, from a legal perspective, is when they are caused by someone else’s negligence, they can typically recover compensation for their injuries.
How much is my Case Worth?
Some spinal cord injuries are treatable, while others are not. Spinal cord injuries can require a great deal of medical treatment, including surgeries and other complicated medical procedures. In cases where a victim is left paralyzed with little hope of recovery, any award or settlement they receive or accept should reflect a lifetime of economic and noneconomic losses. Spinal cord injury victims are sometimes able to recover compensation for the cost of medical bills, future medical procedures, ongoing care, mobility devices, lost wages, loss of earning capacity, pain and suffering, and rehabilitation costs. While each case is different, some spinal cord injury cases result in large settlements or awards.
Do You Need a Lawyer?
Although some accident cases – including those involving spinal cord injuries – ultimately settle, you need experienced legal representation. The losses associated with spinal cord injuries can be difficult to prove, and a lawyer can help you satisfy the legal elements of your case and pursue all of the damages to which you may be entitled.
Call Us Today to Schedule a Free Consultation with a New York Personal Injury Lawyer
New York personal injury attorney David M. Kaufman has been practicing law since 1989 and is committed to getting each client the compensation they deserve. Our office serves clients in Suffolk County, Nassau County, and Long Island, and throughout New York. To schedule a free case evaluation with Mr. Kaufman, call our office today at (631)-388-7172 or contact us online.
Back to School Safety Tips
As summer comes to a close, cool breezes will soon begin to blow and children will head back to school. With a new school year comes new classes, new teachers, new friends – and often new risks of injury. When back-to-school time comes, there are certain precautions that children of all ages can take to avoid accidents on their way to and from school.
No matter how careful students are, however, accidents can still happen and serious injuries often occur as a result of another person’s carelessness. When this happens to your child, you need a skilled attorney by your side.
At the Law Office Of David Kaufman, we are committed to helping children and their families obtain the compensation they deserve under the law and will review the facts of your case at no cost to you. To schedule your free consultation with a New York personal injury lawyer, call our office today or contact us online.
Students Walking to and from School
When students walk to and from school, they are often at the mercy of motor vehicle drivers on nearby or adjacent roadways. This is especially true as they cross intersections at crosswalks. By keeping the following tips in mind, student walkers can help to lessen the chances of an accident on their way to or from school:
- Always walk on the sidewalk and only walk on the street (facing traffic) if no sidewalk is available.
- Always stop and look in both directions before crossing any street or intersection.
- Do not text or make calls on a cell phone while walking and refrain from using headphones while walking.
- Do not run out in front of a car – even if it appears to be parked.
- Do not cross the street between vehicles
- Always cross a street at an intersection
Students Who Ride Bikes to School
Motor vehicle drivers oftentimes do not give bike riders the care and caution they deserve. However, by taking the following actions, student bike riders can reduce the likelihood of an accident on their way to or from school:
- Always wear a tight-fitting bicycle helmet while riding.
- Always operate bicycles in a bike lane if one is available.
- Watch for open car doors and similar hazards on the roadway and in parking lots.
- Always use the proper hand signals when making turns and when slowing down or stopping.
- Wear brightly colored clothes.
Tips for Drivers
Motor vehicle operators can help to reduce the chances of an accident by yielding to pedestrians in crosswalks (especially in marked school zones), and refraining from passing a stopped bus that is loading or unloading schoolchildren. Motor vehicle drivers should also never pass a motor vehicle which has stopped for pedestrians.
Call a New York Personal Injury Attorney Today to schedule a Free Consultation
No matter how careful you are, you can never account fully for the negligence of other. If your child is injured on the way to or from school, the legal team at the Law Office Of David Kaufman may be able to assist. To schedule a free consultation and case evaluation with a Suffolk County, Nassau County, and Long Island, New York personal injury lawyer, please call us today, or contact us online.
How “Operation Safe Stop” is attempting to Increase School Bus Safety in Long Island
You see them every day, yellow school buses all over Long Island. We entrust our children and their safety to not only the school bus driver but also assume that others will stop when they see a school bus with flashing lights. According to the American School Bus Council, 25 million children every day ride more than 480,000 school buses. These buses collectively travel more than 5.7 billion miles a year. Unfortunately, even though there are laws to protect the safety of children on school buses, Long Island drivers still break the laws every day. This puts our children at risk.
The Purpose of Operation Safe Stop
Operation Safe Stop is a collaborative program that attempts to bring education and enforcement to the forefront to enhance school bus safety. The program brings together the support of these offices/agencies:
- New York State Education Department
- New York State Governor’s Traffic Safety Committee
- New York State School Bus Contractors Association
- New York Association for Pupil Transportation
- Many different state, county, city and local law enforcement departments
- Representatives from student transportation
In April, law enforcement officers across the state participated in the "Safe Stop" program. This was an initiative designed to ensure and enforce school bus safety laws. On the same enforcement day in 2017, more than 1,000 tickets were issued. School bus safety needs to happen every day, but this brings heightened awareness and serves as a critical reminder.
New York School Bus Stop Laws
It seems simple enough. If a school bus is flashing lights, stop. Sadly, every day many people ignore this and other laws that are aimed at protecting school children on buses. Here is a recap of some of the New York state laws about school buses:
- Stop for a school bus that is flashing lights no matter what, even on divided highways. Under New York law, if you see flashing lights, you must stop for the school bus. This is true even if you are on the other side of a divided road from the school bus. Further, even if the children have exited the bus and appear to be in the clear, as long as the red flashing lights remain on, you cannot proceed.
- Remain 20 feet away. You must stop your vehicle at least 20 feet from the bus. This is true whether you are in front of or behind the bus.
- A bus driver can wave you past. A bus driver has the authority to wave you past the bus. Make sure that you have an affirmative approval from the bus driver before passing. If unsure, do not proceed.
Call Today to Speak with a Long Island Car Accident Attorney
Operation Safe Stop is meant to educate the public about stopping for school buses and to help increase the odds of our Long Island children's safety. If your child is a victim of a school bus accident, you need help. Contact Law Office Of David Kaufman through our online contact form. You can also call us at 631-388-7172 to schedule a free consultation.
The Dangers of a Long Island Watercraft Injury
Long Island is a great place for fun in the sun and on the water. When you head out to enjoy the day on the water, incurring an injury is probably not something that you think about at all. Unfortunately, water-based activities sometimes result in serious injuries and have the potential to result in significant complications. If you have been injured in a watercraft accident that was caused by someone else's negligence, you need to speak to a personal injury lawyer in Long Island as soon as you can. To schedule a free consultation with attorney David Kaufman, call our office today.
A Recent Study
A recent study in the Journal of Orthopaedic Trauma reviewed orthopedic injuries related to watercraft accidents and analyzed the complications that arise from these injuries (in a level I trauma center). The resulting statistics are significant:
- Of the injuries studied, 60 percent were closed fractures and 40 percent were open fractures.
- Of the injuries studied, 67 percent were injuries of the lower extremities, 23 percent were of the upper extremities, and 10 percent were pelvic injuries.
- The overall rate of postoperative infections was nine percent, but the rate of open fractures was 17 percent.
- Overall, open fractures were also associated with higher nonunion and amputation rates.
Watercraft Injuries Can Be Extremely Serious
This study outlines just how devastating injuries from watercraft accidents can be. Due to the nature of these injuries, full recovery to a pre-injury status can be exceedingly difficult. When the injury is an open fracture, it can be more difficult still. Overall, open fractures from watercraft injuries are hard to manage and have a much higher incidence of postoperative infection, nonunion of the bone, and amputation. These kinds of complications have the potential for lifelong damages, so it is critical for victims to seek experienced legal counsel as soon as possible.
Your Watercraft Injury Claim
If you have a watercraft injury claim, it’s important to ensure that the full scope of your damages is well documented. Common damages in a claim arising from a watercraft accident include the following:
- Emergency transportation from the accident scene and emergency treatment
- Medical care
- Physical and emotional pain and suffering
- Lost income
- Lost quality of life
As a victim, it is important to understand that the insurance company is NOT on your side and will do everything it can to minimize the amount it pays out. For this reason, it’s critical that you hire an attorney after you’ve been hurt in any type of accident.
If You’ve Been Injured in a Watercraft Accident, Consult with a Long Island Personal Injury Attorney Today
If someone else’s negligence has left you injured in a watercraft accident, Law Office Of David Kaufman in Long Island, New York, is here to help. These claims are complicated, and the injuries incurred are often extremely serious. David has the experience, knowledge, and compassion to aggressively advocate for the compensation to which you’re entitled. Your initial consultation is free, and David will work with you to ensure that you are well informed throughout the process.
Was Your Child Injured on a Long Island Playground?
For most kids, playgrounds are a fun place to pass the time, play with friends, and get a little dirty. However, playgrounds can present a significant injury risk. In fact, playground injuries have the potential to leave children with injuries that could affect them for the rest of their lives, including traumatic brain injuries and spinal cord injuries. If your child has been injured on a playground, you should speak to a Long Island personal injury lawyer as soon as you can.
Playgrounds Accidents Are Surprisingly Common
According to the Center for Disease Control and Prevention (CDC), more than 200,000 children each year are treated for injuries related to playground incidents. Although many of these injuries are minor, severe injuries do occur. The causes of these injuries vary, but according to the Consumer Product Safety Commission (CPSC), 63% of injuries are caused due to equipment, and 17% are related to falls. Equipment can be faulty (either in assembly or design) or can be poorly maintained.
Most Common Severe Playground Injuries
Playgrounds are supposed to be fun. However, the inherent activity of play on a Long Island playground itself can add to the severity of injuries. Children run, jump, climb, and dangle. This behavior increases the odds of sustaining injury. Injuries are most common on teeter-totters, climbing apparatuses, and swings. The CDC categorizes the most severe injuries as fractures, internal injuries, bone dislocations, concussions, and even limb amputations. These categories account for 45% of all playground injuries.
- Fractures/bone dislocations: Many children will suffer a bone break in their childhood. Playground equipment offers plenty of situations in which a broken bone can occur.
- Internal injuries: Internal injuries can mean a host of things, but most common is internal bleeding or damage to organs. If your child falls, it is important to get them checked for internal injuries. Often, these injuries do not present immediate symptoms, and if left untreated can be deadly.
- Concussion: A concussion occurs when there is force or trauma to the head. They can occur on Long Island playgrounds when a child falls from an elevated surface. The symptoms can be mild and last several days. More severe cases may require hospitalization and even result in long-term or permanent damage.
- Amputation: Playgrounds often have equipment that has mechanical parts. The parts move and have gaps. Small children's arm and legs can get caught in these spaces. Sometimes, such an accident can result in such severe limb damage that it needs to be amputated.
Negligence in a Playground Accident
Sometimes a playground injury is more than an accident. Here are some situations in which another might be responsible for your child’s injury:
- Defective Equipment: Companies design and sell playground equipment. Just like any product, playground equipment can have a manufacturer defect. These might not be immediately apparent. Product defects can result in a lawsuit.<
- Equipment that is Improperly Installed: Someone is responsible for installing playground equipment. This includes the type of material on which it sits (e.g., rubber, mulch, concrete). It is possible that an injury can be caused by improper equipment installation.
- Equipment that is Not Maintained: The owner of playground equipment is responsible for properly maintaining it. Over time equipment can break or deteriorate. Both time and weather can take a toll on playground equipment. No matter if it is the school, community, or private property (e.g., a homeowner association park) - if the owner fails to properly maintain the playground equipment they may be liable for your child's injuries.
Call Us Today to Speak with a Long Island Personal Injury Attorney
Playground accidents are sometimes more than just an accident. It is possible that your child was injured due to another’s negligence. Call the Law Office Of David Kaufman for a free and thorough consultation.
Pool Safety Should Be Reviewed Every Summer
Summer is here. Now, every pool in the area is filled with laughter and the sounds of summer fun. Unfortunately, as fun as swimming can be, it also exposes everyone involved to a risk of serious injury. For this reason, you should review pool safety with your family every summer. By doing so, you can save someone's life, including your own,
Swimming Pool Death and Injuries
According to the Center for Diseases Control and Prevention, from 2005-2014, there was an average of 3,536 fatal unintentional cases of drowning. This equals about ten deaths per day. Approximately 20% of drowning fatalities were children 14 and younger.
Drowning victims who survive can face long-term and even permanent disabilities. The CDC's statistics show that more than 500 of all drowning victims require admittance to the hospital or additional follow up care. Permanent injuries often result from the lack of oxygen and can lead to memory loss, learning disabilities, and in extreme cases all loss of basic functions.
If you or someone you know has been the victim of a drowning accident, they should consult with a Long Island personal injury lawyer to learn more potential compensation available for the damages that were sustained.
Complying with Pool Laws
New York has specific laws that outline what is required if you own a swimming pool. These laws cover requirements regarding barriers, pool warning alarms, suction and circulation systems, and other safety features. If you have a pool or frequent a Long Island pool (whether Suffolk County public pool or private pool) you will want to make sure the pool is up to code.
Pool Safety Checklist for the Premises
All swimming pools can present hazards, regardless if in a public or private setting. Below is a checklist of important things to consider around pools.
- Maintain (and check regularly) enclosures around swimming pools. Access should be restricted from young children.
- Teach your children to swim and basic pool safety.
- Make sure children are under adult supervision while in and around the pool.
- Establish pool rules. For example, no running, no diving in shallow water, stay away from drains, etc.
- Enforce the rules.
- Check all pool equipment each season and make sure it complies with laws. In particular, watch for all drains and drain covers.
- Have an emergency plan. Practice the plan.
- Take a CPR and first aid course.
Educate Your Family About Pool Safety
Swimming and pools are fun for all, but water can present many dangers. Review the following tips with your family each year.
- Teach children basic water safety.
- Be strict about young children and certified life jacket use.
- Have a safety plan for emergencies (meeting place, when to call 911, etc.) and practice these.
- Teach children how to properly use pool toys.
- Teach children that they should never swim alone. Always use the buddy system.
- Discuss the effects of alcohol and drugs on swimming with teenagers
- Teach the family how to use rescue equipment.
Call Us Today for a Free Consultation with a Long Island Personal Injury Attorney
Pool safety is important. It can save lives. In the event your loved one is injured or dies in a pool incident you need experienced legal representation. Reach out to the Law Office Of David Kaufman via our online contact form or call us today at 631-388-7172 for a free consultation.
>Traumatic Brain Injuries: FAQ’s for Victims in Nassau and Suffolk County
A traumatic brain injury, which is often referred to as a "TBI," is often a serious injury. TBIs can be caused by falls, car accidents, getting hit while playing contact sports, and just about any other way that head trauma can occur. If you or someone you know has been a victim of a traumatic brain injury in Nassau or Suffolk County, they need legal representation. Call us today to speak to a Long Island personal injury attorney.
What is a Traumatic Brain Injury?
According to the Mayo Clinic, a TBI can occur when some external force causes trauma to the brain. The trauma leads to brain dysfunction and can result in torn tissue, bruising, bleeding, and other physical damage. Often these complications can lead to permanent damage or even death. If you suspect you've suffered a TBI seek medical help immediately.
What are symptoms of TBI?
TBI symptoms can vary from individual to individual and may not be immediately present. Some possible TBI symptoms include:
- Personality changes (e.g., suddenly combative)
- Increased anxiety
- Consciousness altered
- Memory processing problems
- Trouble focusing or concentrating
- Loss of motor control or balance
- Sleeping problems
- Failure to concentrate
- Weakness in arms and legs
How does TBI affect a person’s brain?
The brain is the central hub for your body. It is responsible for body functions, communication, thoughts, and emotion. If an injury occurs to your brain any or all of these functions can be disrupted, either in part or as a whole. The severity of the symptoms and long-term outcomes depends on how extensive the TBI is and the location of the injury.
What treatments are available for a TBI?
The severity of the TBI injury will dictate the type and duration of care needed. Mild TBI injuries may be treated with rest and mild pain relief medication. Continued monitoring for a period of time is also critical follow-up care. With a TBI, symptoms can change quickly and often with little warning. Physical and mental activities might be limited for a period of time. In mild cases of TBI, most people return to normal activities in time.
How common is TBI?
According to the Centers for Disease Control and Prevention (CDC), more than 1.5 million people suffer from a TBI. Of these, over 50,000 people die, and 85,000 will have lifelong complications and disabilities.
What are the causes of a TBI?
Almost any activity can cause a TBI, for example, a slip and fall on the ice or a bad check in a hockey game. According to the CDC, some of the more common of causes of TBI include:
- Falls (35%)
- Car accidents (17%)
- Being struck by something (16%)
- Physical assault (10%)
Do I need legal help?
Victims of TBI face many challenges. The effects can be long-lasting, even permanent. This can alter many lives- those of the person with a TBI injury and their family. An attorney can be critical in the early stages of a TBI. The role of a TBI attorney is not just legal representation but is to advocate for your best interests through the various stages of recovery.
Contact a Nassau County Attorney about Your TBI Injury Case Today
Don't go down your TBI injury path alone. An experienced TBI injury case attorney can be your best advocate. Contact the Law Office Of David Kaufman via our online contact form or call us today at 631-388-7172 for a thorough and free consultation.
Four Surprisingly Serious Injuries Associated with Slip and Fall Accidents
Most of us don’t give a lot of thought to slip and fall accidents. After all, most of the time, you slip, and you fall, and then you get back up and keep going. The worst part usually is likely the embarrassment your experience. Slip and fall accidents can, however, lead to severe injuries that are often accompanied by significant physical, financial, and emotional consequences.
If someone else’s negligence has caused you to be injured in a slip and fall accident, seek experienced legal counsel. To schedule a free consultation with a Long Island personal injury attorney, call David Kaufman today at 631-388-7172 or contact us online.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are usually caused by a blunt force or blow to the head, and the effects of such an injury – because it affects the brain – are incredibly unpredictable. The Mayo Clinic reports that one of the leading causes of TBIs is slip and fall accidents. TBIs often lead to a complicated and protracted recovery process that can significantly alter the course of the victim’s life. In fact, the effects often include pronounced physical, behavioral, sensory, cognitive, and psychological issues that leave some sufferers with an “altered sense of self.”
Spinal Cord Injuries
The Mayo Clinic describes spinal cord injuries as any damage to the spinal cord or the nerves at its end. Even a minor spinal cord injury can lead to extreme pain and significant debilitation. Your body’s central nervous system is comprised of your brain and your spinal cord in tandem. Because your central nervous system controls your physical sensations and coordinated bodily movement, any injury to the spinal cord can lead to paralysis – partial or complete. The physical, financial, and emotional consequences of a spinal cord injury cannot be underestimated.
Serious Slip and Fall Injuries
There are four surprisingly serious injuries that are closely associated with slip and fall accidents:
Broken bones are common to slip and fall accidents, and they are excruciating injuries that are sometimes slow to heal and can lead to severe complications. When a broken bone doesn’t heal properly, it can cause significant physical setbacks that can turn into a permanent disability.
Fracturing or breaking a hip is very common to slip and fall accidents – especially for older adults. A broken hip is an extremely painful injury that typically requires surgery (sometimes necessitating a full or partial replacement) and physical therapy. A fractured hip can lead to overarching physical complications that include limited mobility.
If You’ve Been Injured in a Slip and Fall Accident, Consult with an Experienced Suffolk County Slip and Fall Attorney Today.
If you've been injured in a slip and fall accident that was caused by someone else's negligence, you need skilled legal guidance. The Law Office Of David Kaufman in Suffolk or Nassau County, New York, is here to help. David has the dedication, experience, and compassion to help effectively and efficiently guide your claim toward just compensation. Your initial consultation is free, so please contact or call David at 631-388-7172 today.
How To Hire A Lawyer
The Four (4) Questions
Before hiring a lawyer for a new injury or accident case, you should ask that lawyer some important questions, such as;
1. How many years have you been handling these types of cases?
2. What are the greatest challenges in my case?
3. What is the general timeline I can expect in the processing of my case?
4. Who will do the actual work on my case?
Having worked at one of the largest injury law firms in NY State at the beginning of my career, I have a unique perspective on this practice of law and particularly trying to recover money damages (pain & suffering) for people tragically injured due to the careless choices of other people. Honestly, this area of law is all about responsibility for our actions as a society. Ok, enough soapbox talk.
The Four Questions are not an exhaustive list of questions for you to ask a lawyer you are meeting when you are choosing a lawyer to handle your injury case. These are some of the best questions that potential clients have asked me, over my almost 30 years of doing these cases.
Q 1. - How many years have you been handling these types of cases?
This first question on the list, “how many years..?” is important because what I thought I knew 20 years ago, and what I know now, are very different. You want a lawyer with decades of actual experience handling your case. You want a lawyer who knows both the legal and factual setting, so that right from the beginning you have the best chance of maximizing your recovery. And this is not to say that you need a “specialist” in only that area. But you want someone with actual hands-on experience with that type of case, because each area of injury cases, has its own set of challenges, and you do not want your lawyer learning on your case.
I have been honing my trial skills since I graduated law school in 1988; almost 30 years. I started my career at the District Attorney and began trying cases immediately. After leaving the District Attorney, I started as a Trial Attorney for one of the largest injury firms in NY State, where I was assigned to the courthouse to try case after case, as they appeared in the trial assignment courtroom.
Q 2. - What are the greatest challenges in my case?
At your first meeting with your new potential lawyer, that lawyer should have a fairly good idea of what the greatest issues and challenges in the case probably will be. This is not a promise that other issues will not arise (they always do!), but a seasoned and experienced lawyer will know right away what some of the big obstacles will be. For instance, dog bite cases present unique issues regarding the conduct of the actual dog (and it’s owners) prior to the injury-causing bite itself, called “prior vicious propensity” or PVP. Your potential lawyer should discuss this PVP issue with you at length at the very first meeting. This is a large issue in almost all dog bite cases, so it must be dealt with head on, immediately, and discussed at length.
Most cases have issues, and cases can have multiple different issues. What you do not want is for that issue to be your lawyer. They say in carpentry to “measure twice, cut once.” The same logic applies here; basically take a little extra time with the lawyer, and ask questions, and really listen to the answers. Try to determine if that lawyer is competent, and someone you can trust and with whom you can connect. This is important, so really try to get it right the first time.
Q 3. - What is the general time line I can expect in the processing of my case?
Your potential new lawyer should have a good grasp of the general time frames, filing dates, and Statutes of Limitation (SOL) that apply to your particular case. Every case has a particular Statute of Limitation (SOL) which is the date beyond which you lose your right to sue. So in a garden variety automobile accident collision you have three (3) years in which to bring a lawsuit against the wrongdoer. After the 3 years, you can never again start a case. But, there are often multiple claims within a case, and some must be brought before the 3 years. Further, in automobile cases, there are multiple dates for filing and serving insurance documents in a much shorter time frame. Failure to file some of these documents will result in a loss of a valuable claim or rights, and will result in a lost opportunity to collect money for injuries.
Not only must your potential lawyer be experienced and knowledgeable about the various time frames, but be able to explain them to you so that you are fully aware of them. You can help your lawyer, and your case, by promptly cooperating with requests, providing needed information and returning documents. Only if you know about what is going on with the case, will you be able to fully participate in the process.
My firm is founded on the premise that regular contact with the client is a key element of a successful case. At our first meeting, every client is instructed that all calls will be returned by the end of business the next work day, and if it is not returned to please call again, because something happened! And clients are advised that there are no “stupid questions” and to “ask everything.”
Q 4. - Who will do the actual work on my case?
Having spent some time as a trial attorney at one of the largest plaintiff injury firms in NY State, I know that “who” is very important to the successful completion of your case. Some firms rely on secretaries or paralegals for much of the legal work. I know the value of an excellent staff, because I have such a staff. But, I also know that there are certain matters best left for the lawyer.
At the beginning of my career, at the “big firm,” I was a part of a process in a big machine, where there was a different lawyer for each piece of the case. So one lawyer would do the pleadings, laying out the initial claims in the legal documents; sometimes without ever even meeting the client. Then, another lawyer would do depositions (a sworn statement under questioning by a seasoned insurance lawyer). Many times the depositions were held after only meeting the client that very morning. Further, after all was done and the case was ready for trial, I would step in and go to trial. Unfortunately, sometimes at the end stage (trial) it was impossible to undo what had been done. And whether it was inexperience or lack of focus, it hurt.
In my firm, I handle all my own cases, and when you call my firm, you will only speak to me, and no other lawyers. I negotiate my own cases with the insurance companies. And the insurance defense lawyers know they will see me in court and at trial. They know that I have done all the preparation work and have not outsourced it to staff, or outside overseas companies. They know I have personally read and reviewed each and every document in the file. They know I will be the lawyer standing toe to toe with them in front of the jury.
The Four (4) Questions detailed here are not meant as an exhaustive list by any means, but only a starting point for you to engage with a new lawyer who you might choose to represent you. These questions are the beginning, and not the end, of an ongoing discussion.
Hopefully, this information is helpful in some way. If you need any other help, or want any other information about accident cases, injury matters, or any other matter, please feel free to call my office at 631-388-7172, or email me at David@NYLILawyer.com.
It has been my honor to serve our community for almost 30 years. I handle cases throughout the state, and I am frequently hired by other lawyers to represent their clients in injury matters.
My discussion and legal consultations are completely free and without any obligations. Remember that no legal problem is small when it is your own.
Very truly yours,
David M. Kaufman, Esq.
How a Long Island Car Accident Lawyer Can Help Maximize Your Settlement Offer
The aftermath of an injury-causing accident can be an extraordinarily stressful time. Between doctor’s visits, repair bills, and time away from work, you may even be tempted to simply allow the insurance company to take the lead in determining how much compensation you will get. While this may seem like the path of least resistance, it can result in you accepting a settlement far below the actual value of your claim. For this reason, if you’ve been hurt in a wreck, you should call a Long Island car accident attorney as soon you can. When you’re represented by an attorney, he or she will take the time to fully evaluate both your economic and non-economic losses – and make sure the insurance company treats you fairly. If it doesn’t, your lawyer may file a lawsuit on your behalf to make sure you get the compensation you deserve.The Insurance Company Cares More About its Bottom Line than Your Recovery
While every accident is unique to its own circumstances, it’s important to recognize that all insurance companies are for profit organizations that are in the business of making money. This means that their incentive is to minimize settlements by whatever means they can. Insurance companies are well versed in tactics that help to keep their payouts low, and this leaves you at a disadvantage.
An experienced accident attorney will know how to negotiate with the insurance company to help ensure that you receive a just settlement. If you’ve already been offered a settlement, do not accept it before first consulting with a New York accident lawyer who will determine the approximate value of your case, as once you accept an offer, it is nearly impossible to obtain additional compensation.
Your Total Damages Accidents are so upsetting and unexpected that they tend to leave victims in a state of shock. If you’ve been injured, it’s that much worse. It’s important, however, to ensure that the total damages you’ve suffered are accounted for in your claim. Some examples of damages that are often sought in claims arising from motor vehicle accidents include:
- Medical expenses, including emergency transportation and care, doctor and specialist care, aftercare, therapy, prescription medicines, and adaptive physical devices
- Property damage
- Lost wages due to lost hours at work
- Lost earning potential
- Physical and emotional pain and suffering
Your compensation for the damages you’ve suffered in an accident will likely hinge on negotiations with the insurance company, and this isn’t a task you should tackle on your own. A New York car accident lawyer will skillfully take care of these negotiations on your behalf. Insurance companies are adept at tripping up unsuspecting claimants, but an experienced accident attorney understands how best to both avoid such pitfalls and to champion your rights in the settlement process.
And of course, if you do not want to accept the insurance company offer, or if there is NO offer, you need an attorney who can take your case to trial! David M. Kaufman has been trying accident cases for almost 30 years. (How about this?)If You’ve Been Injured, Consult with an Auto Accident Lawyer in Long Island Today
If another driver’s negligence has left you injured, you need experienced legal counsel. New York attorney David M. Kaufman has the experience, skill, and dedication to fight for your claim’s best possible outcome. Your initial consultation is free, and David will ensure that all your questions and concerns are addressed.
Memorial Day Can Increase Your Risk of Being Hit by a Drunk Driver
Memorial Day – the unofficial kickoff to summer – is right around the corner. With this holiday comes a long weekend, backyard barbeques, time with family and friends, and plenty of outdoor fun. The Memorial Day weekend allows us an opportunity to take a break and recharge, and imbibing in alcoholic beverages is often part of the festivities. That’s all well and good until someone who has overindulged gets behind the wheel. Memorial Day weekend sees its fair share of impaired drivers, and impaired drivers are dangerous drivers. If you’re injured by a drunk driver, it’s imperative that you speak with a Long Island car accident lawyer as soon as you can to protect your legal right to recover compensation.
Memorial Day is a long weekend in which families and friends get together to enjoy each other’s company, and as such, there’s more traffic on our roads. AAA reports that more motorists take to the roads for holidays like Memorial Day every year and that the number of motorists is expected to continue to rise. Further, a vibrant economy also tends to support increased travel. As the number of vehicles on our highways and byways increases so too does the number of drunk drivers. Holiday travelers beware.
Memorial Day Travel Statistics
Statistics gathered by the National Traffic Highway and Safety Administration and shared with CBS News that detail exactly how dangerous Memorial Day travel can be:
- Drivers and vehicle occupants are four times more likely to become traffic fatalities over Memorial Day weekend than they are during any other non-holiday weekend.
- In the years from 2011 through 2015, Memorial Day weekend experienced an average of 312 traffic fatalities a year – a higher average than any other holiday.
Further statistics confirm the role that drunk driving plays in these fatalities:
- Deaths caused by drunk drivers spike during the holidays, including Memorial Day weekend.
- The Insurance Information Institute finds that alcohol was involved in 40 percent of Memorial Day traffic fatalities that occurred between 2011 and 2015.
- The Centers for Disease Control and Prevention (CDC) relays that nearly a third of the traffic deaths in 2015 involved alcohol.
These statistics are nothing if not sobering. Because travel during Memorial Day weekend is more dangerous, it’s critical that you make driving safely your top priority this holiday. Getting behind the wheel of a vehicle means shouldering an immense responsibility. When impaired drivers take to the road, they eschew that responsibility and endanger everyone with whom they share the roadway.
If an Impaired Driver Leaves You Injured this Memorial Day, Consult with a New York Car Accident Lawyer Today
Drunk drivers are dangerous drivers. If an impaired driver has left you injured, you know exactly how difficult that is, and you need an experienced New York car accident attorney to advocate for your rights. At The Law Office Of David Kaufman in Central Islip, NY, David has the skill, knowledge, and commitment to aggressively fight for your claim's most positive resolution. Your initial consultation is always free, and David will ensure that you understand the process and the specifics of your car accident claim. Please contact or call our office for skilled legal guidance today.
New York Medical Malpractice Lawyer: Surgical Errors
Surgical Errors Usually Entitle Victims to Significant Compensation
We place immense trust in the medical professionals to whom we look to for care, especially when we place our lives in their hands during surgery. We rightfully expect them to perform their jobs competently and in a way that does not expose us to an unreasonable risk of harm. Unfortunately, this does not always occur, and every year thousands of people are injured in surgical errors that are the result of medical malpractice.
If you or a family member has been injured by a medical error during surgery, you should speak to an experienced New York medical malpractice attorney as soon as you can. To schedule a free case evaluation with attorney David M. Kaufman, call our office today at 631-761-6400.
Understanding Medical Malpractice
As a patient, it’s important to understand that not every adverse medical outcome means that medical malpractice occurred. Surgeons, physicians, and other medical professionals use their professional judgment every day and sometimes make the wrong decision. Actionable medical malpractice occurs when a medical professional’s actions fall below the acceptable standard of care. The standard of care in New York is the care that a reasonable surgeon with the same training and skill as other surgeons in his or her area would provide.
Proving malpractice, then, depends on presenting evidence that another medical professional would not have pursued the same course of conduct. That said, in some cases, a medical professional’s conduct is sufficiently egregious that medical malpractice is conceded and no expert testimony is required. Victims, however, should always retain legal counsel, whether their case is contested or not.
Examples of Surgical Errors
Surgical errors can occur in a variety of ways. What they all share in common is that they should not occur in the absence of negligence. Some of the more common surgical errors include the following:
- Leaving surgical instruments or sponges inside of a patient
- Operating on the wrong body part
- Operating on the wrong patient
- Performing the wrong procedure
- Failing to maintain a sterile field during surgery
- Anesthesia errors
- Damaging a nerve during surgery
What Causes Surgical Errors?
There are a number of reasons that surgical errors occur. Here are some of the most common:
- Insufficient Training – In some cases, a surgeon may attempt a procedure that he or she has not performed before or for which he or she has inadequate training. When this occurs, patients can suffer serious injuries.
- Improper Surgical Process – Surgeons may attempt to take shortcuts to save time during a procedure, putting patients at risk.
- The Use of Drugs or Alcohol – The life of a surgeon can be extremely stressful, and the unfortunate reality is that some surgeons turn to drugs or alcohol as a way to cope. While it may seem impossible, sometimes surgeons perform surgeries while they are under the influence or are hungover or otherwise impaired.
- Fatigue – Surgeons work long hours and may not get adequate rest. Fatigue has been shown to impair physical and cognitive performance, so when surgeons come to work tired, it puts the people they are operating on at risk.
- Poor Communication – Performing a successful surgery requires communication between the surgeon and the other medical professionals involved. For example, a nurse may miscount the number of sponges that were used in a procedure or not confirm the number removed with another team member. Likewise, a surgeon may mark the wrong site for surgery and fail to double check with another team member. These failures to communicate can result in significant harm to patients.
Surgical Errors Can Result in Substantial Losses for Victims
People who are injured by surgical errors often suffer significant economic and noneconomic losses. Fortunately, under New York law, these losses are often recoverable. Here are damages that are typically sought in a medical malpractice case:
- Medical Expenses – Many surgical errors result in additional medical expenses. Consider, for example, if a sponge is left inside of a patient – it would require another surgery to remove.
- Emotional Distress – Imaging the horror of waking up to find that a surgeon had performed the wrong procedure on you. Victims of surgical errors may be able to recover compensation for the emotional distress they experience as a result of the error.
- Pain and Suffering – Surgical errors may cause unnecessary pain and suffering, particularly when the error results in medical complications or the need for additional surgical procedures. Fortunately, under New York law, victims can recover for these types of non-economic damages.
- Lost Quality of Life – Some surgical errors have a permanent effect on victims’ quality of life, leaving them unable to do the things they once enjoyed. These losses are likewise recoverable under New York law.
It’s important to recognize that the value of a medical malpractice case can be extremely difficult to determine without significant experience in this area of law. For this reason, if you or a family member has been the victim of a surgical error, you should contact an attorney – even if the surgeon’s insurance company has made a seemingly generous settlement offer. Keep in mind that the insurance company is not on your side, and the only way to know how much your claim is worth is to discuss your case in detail with an experienced medical malpractice lawyer in NYC.
Call Today to Schedule a Free Case Evaluation with a New York Medical Malpractice Attorney
If you or someone you love has been the victim of medical malpractice in the operating room or otherwise, you should speak to an attorney as soon as you can. In many cases, victims can recover compensation for the losses they have sustained as a result of malpractice, including their additional medical expenses, lost income, pain and suffering, and lost quality of life.Attorney David Kaufman has been representing the rights of the injured since 1989. To schedule a free case evaluation with Mr. Kaufman, call our office today at 631-388-7172 or contact us online.
David is an absolute pleasure to work with. His breadth of knowledge and his patience in explaining difficult concepts are what make him an excellent choice for representation during difficult times. Thank you, David!
David is a wonderful lawyer! I had a great experience working with him. I Will definitely recommend him to any one.
Mr. Kaufman is the best lawyer you could ask for. Professional, thorough, kind, compassionate, and very dedicated. I highly recommend hiring his firm and having him in your corner fighting for you.
Always Excellent Professional Legal Support
I find David to be the most professional always willing to go the extra step for his clients choosing his law firm is always the best decision you can make and I highly recommend his firm
Very professional and honest lawyer
David is a wonderful lawyer! I had a great experience with him. I Will definitely recommend him to any one.
Very honest and dedicated attorney!!!
David is AMAZING!!! He helped my family so much after my husband was hurt in a horrible car accident that prevented him from working for a while. He was very kind and knowledgeable and we are forever grateful for his services!!!!
Professional, thorough, dedicated
I hired David to handle my case and during the (FREE) initial consultation, I knew I made the best decision. He was diligent, responsive and patient answering all my questions. I have recommended him to anyone that has asked and will continue to do so. THANK YOU DAVID!
Pleased So far
Although the case Mr. Kaufman has been working on for me is still ongoing. I have been very satisfied with the service I have received thus far. I would highly recommend this law firm to everyone I know
I always felt safe and secure while in his care. I was always trated with respect and honesty. He always returned my calls and answered all of my questions.
2 thumbs up!
I hired David Kaufman to handle an accident case for me, and found him to be professional, diligent and completely responsive to all my questions. He got me money when other lawyers said it could not be done. While my case was not the biggest one in the world, he treated it as if it were, and I highly recommend him if you or a loved one are injured in an accident.
Customer service was top notch. Always available for questions and concerns regarding my legal matter. Couldn't Ask for better representation during my time of need.
Law Office Of David Kaufman
320 Carleton Ave Suite #4200
Central Islip, NY 11722631-388-7172
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