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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Wrongful Death

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11 pedestrians, 3 cyclists, 4 passengers and 8 motor vehicle operators died in crashes in New York City last May compared to respectively 6,2,0 and 2 in April and 15, 1, 3 and 11 in May 2021. This is the first time that the number of monthly fatalities is above 25 since October 21.

After a drop during the Covid19 crisis in 2020, monthly traffic accident fatalities have been above 25, 8 times during the last 2 years, Before the Covid19 crisis, since Vision Zero started in 2014, fatalities only went above 25 5 times over a period of 6 years. These numbers are very preoccupying.  At the very beginning of May, The Adams administration launched a $4 million campaign urging  motorists to slow down but so far this campaign doesn’t seem to have much effects on car accident fatalities.

New York motor vehicle accident fatalities May 2022
Car accident deaths have been exploding over the last two years in New York City. Last May, as mentioned above, 26 people died in traffic accidents compared to 10 a month earlier and 30 in May 2021. Since May 2015 when they reached 28, monthly car accidents deaths had remained below 20 during the months of April and May. While the trendline since Vison Zero started remains on the decline, the last 2 years have been more deadly than before.

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NYC Medical Malpractice Attorneys Jeff Bloom and David LarkinOur NY Medical Malpractice attorneys Jeffrey Bloom and David Larkin settled a wrongful death case for $3 Million for the death of a man overdosed with narcotics

Our client, a man in his fifties, walked into the emergency department of his local hospital with complaints of abdominal pain.  He was dead within hours.  He left behind a wife and three grown sons.

The nurse receiving the telephone order from the pain management specialist transcribed it incorrectly and raised the dose for Dilaudid to a deadly amount

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Forklifts can be dangerous and result in accidentsAround 100 people die and around 34,000 are injured in forklift accidents every year. The most common forklift accidents are rollovers  and in almost half of the fatal accidents, the operator of the forklift is being crushed when the forklift tips over. Forklifts can also be very dangerous to pedestrians who can get struck or crushed by a forklift or by a falling load.

To raise awareness about forklift safety, the second Tuesday of June is NATIONAL FORKLIFT SAFETY DAY for the 9th consecutive year.

Why do forklift accidents occur?

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Two 13 year old boys who skipped school last Friday and went to the beach instead, died after drowning in Jamaica Bay. The tragedy took place last Friday, 13 year old Daniel Persaud and his best friend Ryan Wong skipped the last day of school and joined a group of friends at Beach 121 in Broad Channel.  The 5 teenagers were seen by fishermen playing in and out of the water a little bit before noon. According to witnesses, Daniel and Ryan were standing on a sand bar when they got submerged in water.

The area is known to be dangerous and signs warn visitors not to swim in the water because of dangerous currents and sudden drop-offs. The two boys did not know how to swim and were swept away by the current. Their friends called 911 and a team of 9 rescuers were sent to the beach but it was too late. One of the boys was found pretty quickly and was still alive when rescuers pulled him out of the water. However he did not survive his injuries and died a few hours later.  it took rescuers another 45 minutes to find the body of the other boy. He was pronounced dead at the scene of the accident.

The dad was already mourning his son when he received the school’s notification that his son was absent

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Emotional-trauma-soon-to-be-compenated-in-NY-wrongful-deathThe Grieving Families Act that extends the compensable damages to include damages for emotional damages including grief or anguish caused by the decedent’s death as well as loss of love, society, protection, comfort, companionship, and consortium in a NY wrongful death lawsuit was passed by the New York Senate and is on its way to be delivered to New York Governor Hochul to be signed. It also extends the statute of limitations from 2 years to 3 years and 6 months. Our partner, Jeffrey Bloom, was instrumental in the passing of this law.

The current law in New York State only allows families pursuing a wrongful death action to claim damages such as  loss of financial support, medical expenses and funeral expenses. As a result, families who lost a child, a senior person or a loved one who is unemployed and is not providing financial support are not compensated for the pain and emotional distress they suffer.  For example if a child is struck by a car driver who did not yield, the current law basically estimates that the life of the child has little to no value while if the CEO of a successful company  was fatally struck in the same circumstances, his family would probably be able to recover a significant amount of damages for their financial loss.

The actual law basically tells parents and family that the life of their loved one has no value if they are not big earners. This 19th century law is extremely unfair to grieving families in New York and if  Governor Hochul signs the new bill, these families will be able to claim the above damages they suffered when their loved one was wrongfully killed by a negligent person or entity.

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increased risk of crashes on highway work zonesHighway construction zones are dangerous areas where both construction workers and motorists are at risk of getting injured or killed in crashes.

An annual study conducted by the Associated General Contractors of America and Heavy Construction Systems Specialists (HCSS), found that during the past year 64% of contractors working on highways experienced at least one crash on their work site. Among them, 32% reported 5 crashes or more.

5 or more construction workers were injured in 2% of these crashes, 3 workers were injured in 3% of them, 2 in 5% of them and  1 hard hat was injured in 8% of them. In the majority of the accidents (82%) no workers were injured.

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truckAs more and more truck traffic in the US leads to more and more truck accident fatalities, truck safety activists are pushing for  the government to revise safety regulations and laws related to truck traffic in the US.

5,600 people died in truck accidents in the US in 2021 compared to 4,965 in 2020, representing an increase of 13% from one year to the other.  This is the highest number of truck fatalities ever recorded in the US. Compared to 2010, the number of truck accident fatalities increased by 52%.

The Truck Safety Coalition released a statement pointing at multiple regulations updates that could prevent deadly truck accidents:

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traffic fatalities US 2021Early estimates of motor vehicle traffic fatalities in 2021 by the National Highway Traffic Safety Administration (NHTSA) indicate that while traffic fatalities increased in the US in 2021 compared to 2020, the number of deaths per 100 million vehicle miles traveled slightly declined.

An estimated total of 42,915 people died in crashes in the US in 2021 compared to 38,824 in 2020. This represents an increase of 10.5%. This is also the highest number of road fatalities since 2005.

In the State of New York, 1,139 people died in crashes in 2021 compared to 1,046in 2020, representing a 8.8% increase.

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Queens construction site where the fatal accident occurred
NYC Construction workers who have been injured or families of construction workers who died on the job can often sue the contractor and/or the owner of the construction sites as, sadly, the majority of construction accidents occurring on New York sites are the result of negligence.

The most common construction accident cases resulting in litigation in New York City are accidents related to falls. New York Labor Law Section 240 also known as the Saffold Law protects hard hats who fell from heights or got struck by a falling object.

A look at last April NYC construction accidents indicates that out of the 35 accidents that resulted in death or injuries, 20 of them were preventable and occurred after safety rules were violated. Among them were 12 fall accidents. Two of them were deadly.

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Andrew_Gounardes wrote the speed camera billsIn an effort to reduce an increase in fatal car accidents in New York City, legislators in Albany have signed a deal to renew the existing cameras program and to have them running 24/7 instead of the current schedule of 6:00 am to 10:00 pm.

Safety advocates were pleased that the deal was signed and the new amended bill was on its way to be delivered to Governor Hochul and signed.  The signature of the bill allows the speed cameras program to be extended for 3 years. However the deal is a watered down version of the bill proposed by Senator Andrew Gournades (picture) who originally included several other propositions such as:

  • Requiring the DMV to notify car insurance companies about any car accumulating five or more speed camera tickets