New York Personal Injury Laws

Iron Workers at the World Trade Center

Did you know that iron workers that worked at the World Trade Center during its construction were exposed to asbestos? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney based in New York City and I could give you information about how iron workers were exposed to asbestos at the World Trade Center site during its construction.

 How Did They Get Exposed to Asbestos

Iron workers installed the steel eye beams that formed the metal framework of the buildings that composed the World Trade Center site. Those same steel beams were sprayed with asbestos-containing fireproofing spray. This fireproofing came in dry powder form. It was mixed with water and put into a gun and sprayed on the metal beams. The iron workers were nearby when that was happening – when the fireproofing was being sprayed into the air. That same fireproofing dried onto those beams. And iron workers, it would also be part of their duty to come back and with the overhead beams to install metal hangers onto them so that a drop ceiling could later be installed. Well, to install those metal hangers they had to scrape off that dry fireproofing causing asbestos dust which they breathe again.

Also iron workers, sometimes ornamental iron workers, did what’s called finishing work – things like railings throughout the World Trade Center – when other trades were doing their work. Work such as putting up sheetrock walls, or putting in floor tiles. These building materials contained asbestos. Now while the iron workers were doing their work the work of the other trades were exposing them to asbestos. Iron workers were exposed to asbestos dust in great quantities at the World Trade Center site during its construction.

Now you have mesothelioma and you have questions about asbestos exposure and about the World Trade Center site. I’m Joe Williams and at our firm we handle cases from mesothelioma victims and their families every day. I invite you to give us a call and we will answer your questions. Thank you.

Co-Workers Giving Evidence on Past Exposure to Asbestos

A person’s been diagnosed with mesothelioma. What would we do to try and develop the evidence of how they were exposed to asbestos? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. And I can tell you that one of the main things that we try to do when our clients are really too ill to testify or just are suffering through their diagnosis, is that we contact their co-workers.

What’s important to know about this is that when workers work in industry, they work side by side, sometimes for 30, 40 years with friends who almost become family members. We contact those folks and talk to them about the exposures that our client had. These co-workers can provide tremendous information about the types of exposures, the manner of exposure, and how it happened, where it happened. And often times, the co-worker isn’t ill, hasn’t contracted mesothelioma as of yet, and they are able to recount the stories and the history of how the work was done, and what was done, and where it was done.

These co-workers can be deposed. They can be produced at a deposition and they can talk about all the ways that our client was exposed to asbestos dust from various products and at various locations. And importantly, one co-worker can lead to more co-workers. The pursuit of co-workers and finding witnesses to the exposure to asbestos is a very important part of a thorough work up of a mesothelioma case. Now, I’m sure you have many more questions as to how we work up a mesothelioma case, and we can answer your questions. I encourage you to call my office at the number below. I’m Joe Williams. We’d be happy to answer your questions for you. Thank you.

Tip On Insurance Policies

I’m Ira Maurer, with a public service law tip. If you’re a driver in New York, you’re insurance policy must have coverage for underinsured uninsured drivers. That means if you get in an accident with someone who doesn’t have an insurance policy as required by law, your own insurance still will provide a benefit of at least $25,000 for each individual who’s injured, maximum coverage, and a maximum of $50,000 for all injuries from one single accident.

That’s not very much money, and if you get seriously injured it won’t go anywhere near what’s necessary to compensate you for your injuries and help you deal with the financial losses. You can purchase more insurance if you call up your insurance agent, for a relatively minor sum – hundreds of dollars – you can get hundreds of thousands of dollars of additional coverage. This is a no-brainer. So if you’re a driver in New York, you should purchase additional uninsured/underinsured motorist coverage.

For more information, contact the Maurer Law Firm by going to maurerlaw.net

Struggling With Depression

When you’re struggling A, it’s hard. It’s hard to do just about anything. People who don’t understand will say, “Just exercise,” or, “Be positive.” They don’t get it. A lot of TV ads say here’s a drug to fix your depression. Your doctor says the medication will work wonders, so you take their word. And you know what? Sometimes, it really does help you feel a lot better. You might have more energy, more motivation to do the things you love, to be with the people you want to be with. But as time goes by, maybe you suffer side effects. Maybe you just don’t think the pill is necessary.

Whatever the reason is, you decide to stop taking the drug. No problem, right? But, there is a problem. Antidepressants like Cymbalta carry a warning that reads, “Never stop an antidepressant medicine without first talking to a health care provider. Stopping an antidepressant medicine suddenly can cause other symptoms.” But the warning doesn’t explain what kinds of symptoms, how severe they might be, how to taper the dose or what a patient should do if depression or other symptoms recur. Is it really that dangerous to stop taking Cymbalta? Just ask the thousands who suffer withdrawal symptoms.

Drug manufacturer, Eli Lilly, ran multiple clinical trials on Cymbalta prior to releasing the drug on the market. They found that roughly 44% of patients experience withdrawal symptoms. In a strangely worded label, they stated that more than 1% of patients experienced severe withdrawal symptoms – a gross understatement. In another trial of more than 1,200 users, approximately 51% of patients experienced withdrawal symptoms. Dr.Joseph Glenmullen, Harvard clinical instructor in psychiatry and author of The Antidepressant Solution points out that the actual risk is more likely to fall in the range of 66% to 78%, given the drug’s half-life.

When a person takes an antidepressant, the body develops a certain dependence on it over time. Then, when the person stops taking the drug, the body reacts because it misses the chemicals in the drug. Half-life refers to the time the body takes to reduce the drug’s presence by half. Cymbalta’s half-life is extremely short, about 12 hours. When a user stops taking Cymbalta, the sudden absence of the chemical can result in immediate and often severe withdrawal symptoms. Share this video with your friends and family to raise awareness of the dangers of discontinuing use of Cymbalta.

Free Consultation

Millions of Americans take antidepressants. Please warn your loved ones of the serious withdrawal side effects. Share this video today to spread an awareness of the consequences of Cymbalta’s half-life. Have you suffered severe withdrawal side effects after taking Cymbalta? Talk to one of our professionals today at 888-LAW-8500. Our legal team has served over 20,000 victims across the country. You do not pay to consult with us, and if we end up working for you, we will get paid only if and when you do. Call today for a free consultation, at 888-LAW-8500. That’s 888-529-8500. And visit us online at lawyersusa.com/cymbalta.

By: Dan Cogdell

Talcum Powder Usage Can Cause Harm

What you’re about to hear may seem unbelievable. We need to get the word out so we can protect our women today and our children tomorrow from this dangerous product. Ovarian Cancer, the eighth most common cancer in the U.S., and the fifth leading cause of Cancer death. Each year, nearly 20,000 women in the U.S. get Ovarian Cancer.

A common everyday product is estimated to contribute to approximately 10% of Ovarian cases each year. 40% of us women are estimated to use this product. People might say, “Everybody everywhere uses this product. How can it be connected to Ovarian Cancer?” The label carries no warning. No one would expect this product to have such a severe side effect. People consider it so harmless, they use it on their children. Manufacturers are not likely to warn consumers unless they are forced to by the government.

By: Steven Gacovino

Slip and Fall Claim Process

Today on You Be The Judge. If you slip and fall, can you really sue and easily win? Go inside a real life slip and fall claim and see what a judge looks for when determining who is at fault. We’ll show you the facts and let you be the judge. While the idea of slipping, falling, suing and winning is often joked about, if you were the one left with the medical bills, you may want to know if the property owner played a role in the accident.

1. Who Do You Sue

First, who do you sue? The defendant will most likely be the property owner or manager. The defendant has the duty to keep their premises reasonably safe from hazard.

2. Determine Breach of Duty

Number two, did the defendant breach their duty and/or damages caused as a result? In other words, was the property owner, manager or an employee somehow neglectful by causing or creating the dangerous situation? Knowing about it but not doing anything to prevent it? Or if they didn’t know about the danger, should they have known? Not only must you prove that the defendant breached their duty, you must also prove what is called proximate cause, which says that the injuries were the result of that specific accident.

3. Reasonable Defendants

Three, did the defendant act reasonably? If someone trips over an object left on the floor, was there good reason for the object’s position or could it have been easily and reasonably moved before anyone could trip on it? Did the property owner take precautions to minimize the danger? How long was the danger present prior to the accident?

4. Injured Person Acting Careless

Number four, was the injured person acting carelessly? Everyone has the duty to protect themselves and to be careful. Would another reasonable person in the same situation notice and avoid the danger? Was there a legitimate reason that the person was on the property? Had the owner placed a barrier or warning sign for the danger? Was the injured person engaged in activities that could increase the chance of slipping and falling?

Contributory Negligence

For example, texting while walking. In a slip and fall lawsuit, both sides will attempt to prove that the other was at least partially at fault. In some states there is contributory negligence. This is where the plaintiff is in any way at fault, they cannot recover damages.

Comparative Negligence

Other states have comparative. If the plaintiff is partially at fault, that percentage is subtracted from any award. Finally, some states will offer compensation if you are less than 50% at fault, but none if you are more than 50% at fault. Ultimately, the injured person bares the greatest burden of proof.

Slip & Fall Litigation Example

Now we’ll go inside an abbreviated real life claim, present the facts, and ask you to make a ruling. A woman we’ll call Helen went with her husband to visit their son at a correctional facility. Helen entered and noticed someone nearby with a mop in hand, a bucket on the floor and a caution sign. As she walked, she tried to stay on the carpet runner and eventually stepped off to get to where she was going. At that point, she did not see any mops, buckets or signs. As Helen stepped off, she slipped and fell to the floor. Helen’s husband’s foot slipped too, but he was able to avoid falling. The facility’s standard policy was to put caution signs in a square around wet areas. Consider the previously mentioned criteria of slip and fall lawsuits.

Number one, did the facility breached their duty to keep their premises reasonably safe from hazard? Two, did the facility act reasonably? And three, was Helen careless? Now it’s time for you to be the judge. Should the defendant be held responsible for all part or none of the accident?

By: Edward Lake

Increase in Children with Autism

Today on You Be The Judge. The percentage of children with autism has skyrocketed during the past 30 years. Some people blame vaccinations, others say it only seems like autism has increased because we’re more aware of it.

Are Common Drugs Causing Autism

Imagine that you were taking drug X, then imagine that scientist have become curious about the effects of drug X on human health and behavior. They conduct extensive testing on lab animals, and conclude that there seems to be a direct link between the drug and harmful conditions found in a specific segment of the animal population. For instance, pregnant rates.

Next, imagine that you fit into that specific human population segment, and are possibly susceptible to the highly increased risk of the negative effects seen in animals caused by drug X.

Then imagine that there are known alternatives to drug X such as exercise, that have been found to be beneficial and possibly even more beneficial than the drug.

Finally, imagine that studies have shown that a placebo is just as effective as the drug X that you have been taking. How does all of this make you feel about drug X?

Selective Serotonin Reuptake Inhibitors (SSIRs) Effect on Pregnancy

Now let’s take a look at a real life scenario that goes on today. Selective serotonin reuptake inhibitors, SSIRs, are often found in antidepressants. These antidepressants are believed to affect serotonin.

Now, in a developing embryo, serotonin plays a critical role in the brain’s development, and many believe that autism is characterized by changes in the serotonin system. Therefore it seemed reasonable that taking these antidepressants during pregnancy might affect developing baby’s brain formation. Regarding these antidepressants, Doctor said, “It really shouldn’t come as that much of a surprise, given that numerous animals studies have shown that exposure during development leads to changes in the brain and changes in behavior. Changes that often mimic autism.”

Studies Connecting Autism to Antidepressants

Authors of the mentioned animal studies warned that their findings of harmful effects should concern us when using these drugs on humans. Only two studies have been completed on the links between autism and antidepressants in humans.

The first study, a smaller one, published in 2011, found that children whose mothers took antidepressants are twice as likely to have autism. A study recently published in the British Medical Journal surveyed a much larger group, and it found that the use of antidepressants was associated with a risk of autism three times that of women not taking those drugs. The authors of these studies were cautious with their words as no one has conducted a Randomized Controlled Trial, RCT.

An RCT can most accurately assess causation. Now to conduct an RCT, pregnant would be required to take antidepressants in order for researchers to evaluate the effects on their babies. However, ethical issues have discouraged studying the negative effects of antidepressants during pregnancy. It’s fair to note that an RCT is not always necessary to presume that a problem exist.

For example, no Randomized Controlled Trial was conducted on cigarettes, yet nearly everyone acknowledges that they cause harm. Regarding pregnant women taking antidepressants, the latest studies suggest that non-drug approaches such as psychotherapy or exercise may serve the mother just as well, or perhaps even better than the antidepressant.

Finally, after years of research, there is little evidence that suggest that the antidepressants are clinically more effective than a placebo. Do you think there is something to be concerned about here? Should doctors recommend other treatments instead of antidepressants for pregnant women suffering from depression?

By: Edward Lake

Personal Injury Lawsuit Timeline

I’m Ira Maurer with a public service law tip. If you’re a personal injury victim, one of the questions you probably have is if I commence a lawsuit to recover my damages, how long is it going to take? There are numerous factors that will govern exactly how long a lawsuit will take. Where you bring the lawsuit is one important factor. You can bring it in New York State Supreme Court or you can bring it in the Federal District Court if you meet the criteria.

 Recovery Process Is Important

Second of all, where you are in your medical treatment is a very important part of the equation. If you recover quickly from an injury, it’s possible to settle a case before even starting a lawsuit. Insurance companies may be interested if they’re clearly responsible for your injury in settling out a case without having to spend a lot of money for a law firm to defend them.

So what happens if your injury takes a long time to be treated? Well I always recommend that you take your time. The last thing you ever want to do is settle a case prematurely before you know the full extent of your injuries. Are you going to be left with a disability? Are you going to have some problems with your earning capacity? Are you going to earn less money? Are you going to need further treatment that will cost money? All these things take time to answer. So the more serious the injury, an injury that may require surgery or multiple operations, these are things that all can impact on how long it takes for a lawsuit to come to conclusion. The best thing you can do is ask these questions when you go in to see a personal injury lawyer.

For more information, contact the Maurer Law Firm at maurerlaw.net.

Medicare Reimbursement

If Medicare pays the bills for a mesothelioma victim’s treatment, will they seek to get that money back? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the answer to that question is most probably yes. There are both federal and state laws that govern the procedures that are followed when dealing with Medicare and their pursuit of getting their money back in the form of a lien. Medicare generally puts both the mesothelioma victim and their attorneys on notice that they are seeking to get this money back. They assert what’s called a lien, and that’s just the legal process wherein an entity like Medicare asserts legal rights to the money.

There are rules governing the disclosure to Medicare of certain settlements. We make sure that Medicare is paid back, and importantly, there’s an entire disputes and appeals process under these federal laws that allows us to dispute certain liens and lien amounts if they’re not appropriate. There’s a process in place, and at my office, we have a process in place to scrutinize the lien and the bills that Medicare asserts that they are owed. We take care of evaluating any of those bills and checking them to make sure that they’re appropriate, and in many circumstances we get them reduced.

You’re watching this video because you have questions about mesothelioma and potential Medicare liens. We have answers. I’m Joe Williams, and at my office we deal with these claims everyday. We represent mesothelioma victims everyday. I encourage you to call my office at the number below and we’ll answer your questions. Thank you.