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 Tagged with personal injury NY

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New-York-Slip-and-Fall1Every day 223 older adults visit the emergency room after being injured in a fall in NY State, 140 are hospitalized and 2 die. Fall is the leading cause of unintentional injuries and deaths among older New Yorkers and among older people in the US as well. In the US every 19 minutes an older person dies from injuries related to a fall.

For people over 65 year old, falls often have serious consequences that can affect their global well being, their mobility, their independence and their mental health. 60% of the older New Yorkers who are hospitalized after a fall end up in a nursing home or a rehabilitation center. 11% of them suffer traumatic brain injury and 27% of them suffer from hip fractures.  In most cases falls occur at home. 60% of older adults hospitalized for a fall in New York fell in their own home.

Obviously as people get older, they loose some of their strength,  they sometimes have physical disabilities, their vision is decreasing and they take more medication which can lead to drowsiness. All these factors increase the risk of fall.

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LIRR train Accident NY3 people died and 7 were injured after a vehicle collided with two trains travelling in opposite directionsa in Long Island, NY.

The train accident occurred Tuesday night during rush hour at a railroad crossing near the Long Island Rail Road Westbury Station in Nassau County, NY. As the gates were down and the lights were flashing, the driver of the vehicle involved in the accident was witnessed driving around the gates to cross the railroad tracks. As he was in the middle of the railroad crossing, the vehicle was struck by a train that had just left the Westbury station and was heading East. The vehicle was then hit a second time by another train arriving at full speed in the opposite direction. The impact caused the two first cars of the westbound train to derail while the last car of the eastbound train struck a platform and partially destroyed it. The 3 occupants of the vehicle all died in the accident. So far the vehicle was so mangled that it was difficult to identify who were the victims and what type of vehicle it was. After further investigation the police found that the victims were 3 workers of a grocery store located a block away from the crossing: dairy manager Jesus Hernandez, and meat department workers Saul Martinez and Miguel Luna. According to a witness the men travelling in a maroon SUV might have been involved in a fender bender moments earlier and were trying to  flee the scene of the accident.

7 other people who were travelling on the westbound train were also injured. They were transported to the hospital to be treated for non fatal injuries. Around 1000 people had to be evacuated from both trains and heavy delays were expected as crews had to work on two train derailments and assess damages to the tracks and to the platform.

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helpOn January 28 2019, there was a major development for those who have been victims of sexual abuse as children. Both chambers of the New York State Legislature passed the Child Victims Act, which has been sent to Governor Cuomo for his signature.

The Child Victims Act extends the current statute of limitations for childhood sex abuse that occurred in the state of New York. Under the new law, prosecutors will be able to bring criminal charges against sexual abusers until the victim is 28 years old. The act also allows victims to bring a lawsuit in civil court against their abusers until the age of 55.

In addition, the act allows a one-year window, starting six months from the effective date of the act, for past victims of child sexual abuse to initiate lawsuits against their abusers and the public and private institutions that let the abuse happen. Further, the act eliminates the Notice of Claim requirement for bringing suits against public institutions both prospectively and during the one-year window for past victims.

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5 young pedestrians from Long Island, NY, were injured in a car accident involving a drunk driver. On Sunday afternoon, 59 year old, Thomas Murphy was drunk behind the wheel of his Mercedes when he struck a group of 5 boy scouts walking on the shoulder of David Terry Road in Shoreham. The boys aged from 12 to 16 year old were all injured in the accident, one of them so badly that he had to be transported to the hospital by helicopter. The driver was charged with driving while intoxicated and was held overnight at the police station. The 5 boys, including the one who was critically injured, are expected to survive. They were on their way to a hike onto the Greenbelt Trail in Manorville organized by Troop 161 in Shoreham when the accident occurred.  Read more in NewsDay

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A woman was seriously injured in a building collapse in Poughkeepsie yesterday afternoon around 4:00 pm. It took four hours for the firefighters to be able to secure the building and rescue 43-year old Rotanya Hargorve who was trapped in heavy debris. The woman suffered very bad leg injuries and had to be brought out of the accident scene on a stretcher. She was transported to the hospital to be treated.

At the time of the accident, Rotanya was working in a boutique in the building next to the vacant 7-story building near the corner of Canon Street and Academy Street in Poughkeepsie. When the tall building started to collapse, heavy debris fell onto the adjacent 3-story building and caused the roof to cave in. Debris and brick crashed through the building and fell onto Rotanya who was working in the boutique on the first floor located at 15 Academy.

Authorities believe that the collapse was caused by a heavy storm that had just made its way through the area and produced winds exceeding 60 mph. Located a 19 Academy Street, the vacant building was built in 1911 by Manning Cleveland, a businessman who was planning to bring skyscrapers to Poughkeepsie. It was recently sold to Pok 23 Acad and Pok Acad, limited liability companies with New York city addresses. The limited liabilities companies also own the next 2 vacant adjacent buildings located on Academy 21 and Academy 23.

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DWIAn intoxicated driver lost control of her vehicle and crashed into a busy Weschester restaurant injuring multiple people including 4 critically. The tragedy occurred at Enzo, a popular Italian restaurant in Mamaroneck on Sunday night around 8:00 pm.

79 year old Roseanne Cassano of Yonkers just had diner at Enzo with a friend and both women left the restaurant and got into Roseanne’s car that was parked in a handicap parking space. According to witnesses, the women stayed in the car for almost 10 minutes before Roseanne started to back up. The video below shows the driver trying to exit the parking space, first clipping a car before crossing the street in reverse and crashing into the restaurant.  The intoxicated driver injured 9 people including 4 critically.

When the police arrived, the woman refused the voluntary alcohol test and the police had to get a court order. She is due back in Court on Thursday after being released on bail.

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NY-bus-accident-locationTwo people suffered serious injury, 5 moderate injuries and dozens others minor injuries in a bus accident in Long Island, NY that occurred on Sunday night a little after 8:00 pm.

The bus driven by Troy Gaston from Bethlehem, PA belonged to Journey Bus Line in New Jersey. The driver had just picked up 38 students and 5 chaperons at JFK airport. The teenagers aged 16 to 19-year-old were coming back from an Eastern Europe trip organized by EF Educational Tours.  The bus was heading to a mall where parents were supposed to pick up their children. The driver took the Southern State Parkway to get to his destination, apparently not aware that the Parkway was forbidden to most commercial vehicles.

As he drove through the Eagle Avenue overpass in Lakeview, Nassau County, LI, the top of the bus was ripped off by the overpass injuring multiple passengers. According to the police someone shouted “duck” just before the bus hit the overpass. This may have helped keep the number of seriously injured students to just a few. Two 17-year-old girls suffered the most serious injuries. They are still hospitalized but in stable condition. They are expected to leave the hospital in the next 24 to 48 hours. The injuries ranged from broken bones to cuts and scrapes.

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entrance of the German Masonic homeA hard hat was in critical condition after he was hit by debris at a NY construction site. 49 year old Arian Hila was working on the renovation of the Germanic Masonic Home at 120 Western Highway in Tappan, NY. On Friday afternoon one of the debris chutes became clogged with construction material. Arian and another construction worker went inside the dumpster and tried to clean the chute from there. As they were trying to unclog it, the clogged chute detached and fell onto Arian. He was crushed by the debris and could hardly breath. Police officers, firefighters and paramedics all jumped into the dumpster and removed the debris to free him. He could barely breath. He was rushed to the hospital in critical condition.

Adrian Hila is an idenpendant contractor employed by Atria Consulting 3. The property is owned by Noble Ninth Inc. The renovation of the building started in 2016. The accident is being investigated.

Read more in the Lohud

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Morgan Wang suffered Spinal Injury in a NY Car AccidentBen Rubinowitz, managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf just obtained one of the largest verdicts ever in the Country for a Spinal Injury case. The Plaintiff, Morgan Wang, was awarded $71 Million by a Manhattan Jury last Thursday.

The case was tried before Supreme Court Judge James d’Auguste. After 3 weeks of trial, the Manhattan Jury awarded Ms. Wang a stunning amount of money to fully and fairly compensate her for injuries suffered in a car accident in New York in August of 2012. The jury awarded $5 million for her Past Pain and Suffering, 6 Million for her Future Pain and Suffering and 60 Million for her medical needs over her lifetime. “We put in an incredible amount of time and effort to make sure Morgan received Justice” said Ben Rubinowitz, who represented Morgan at trial, noting that “this young girl suffered life changing injuries.” She came to the right law firm. “We have a tremendous amount of expertise with Spinal Cord Injuries and no one will work harder or prepare for trialthe car after the accident better than us” said Rubinowitz.

The jury of 3 men and 3 women took two days to reach their verdict. Morgan suffered a fracture of her Lumbar Spine, often referred to as a broken back. Although she is now able to walk with braces, she still suffers from Neurogenic Bowel, a condition that makes it difficult for her to move her bowels.  As a result she will need continued medical and psychiatric care for the rest of her life. “Morgan is an amazing young woman” said Rubinowitz. “She refused to listen to her doctors at the trauma center who said she would never walk again. She overcame tremendous obstacles and worked through her pain at Mt Sinai Rehabilitation Center in Manhattan to learn to walk again. She is the epitome of someone who will never give up. I am proud of Morgan. She cares deeply about people and, to show you how remarkable she is, she now donates her time to help injured veterans. It was an honor to represent Morgan.”

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accident sceneA woman died in a car accident  after she entered the highway the wrong way.  Two other people were severely injured. The accident occurred early Sunday morning.  The driver of a dark grey SUV entered the North Bound lanes of the Hutchinson River Parkway in Scarsdale the wrong way and started to drive against traffic. The police received the first report of a car driving the wrong way just before 4:30 on Sunday morning but it was already too late. The dark grey SUV hit another grey SUV head-on. The driver of the car driving the wrong way was killed in the accident. The passenger as well as the driver of the other car were both critically injured.  The driver of a black sedan who swerved in the grass on the side of the highway to avoid the collision was fine.  A man working at a gas station just north of the accident told CBS News that it wasn’t the first time that a car was driving the wrong way on the parkway. He said it was happening quite often. The parkway was blocked for 11 hours to allow investigators to complete their accident reconstruction. It is still too early to know if alcohol or drugs were a factor. The investigators also still didn’t know where the driver entered the parkway. In recent years, there were several wrong way accidents in Westchester. Some say confusing signalization may be a factor.