New York Personal Injury Laws

Putting Together a Mesothelioma Case

How is a lawsuit started for a mesothelioma victim? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the first thing that is done to start a mesothelioma case, is a very thorough investigation.

 Gathering Evidence

And one of the most important parts of that investigation is, a conversation with the victim of mesothelioma and with their family. And during those conversations, and they’re just general talks in the victim’s home, we talk about all the ways that that victim could have been exposed to asbestos during the course of their life.

In all the different settings, whether it’ll be at work, at home, through family members, environmentally. We talk about all the possible exposures that that particular person could have had. We then take that information and do a thorough work-up of the case.

An investigation of job sites, of different places where exposure to asbestos could have happened for this particular victim. We then take all that information and we formulate a legal document. It’s called a summons and complaint.

 What To Do With the Evidence

And a summons and complaint is the document that starts off a legal case. It basically accuses the defendants, the companies the cases are brought against, of wrongdoing as it relates to this particular mesothelioma victim.

That document is prepared, and because mesothelioma victims are suffering, and because time is of the essence, and timing is very important, it’s important to know that in New York state and in many states, we are able to file this document electronically.

We file it immediately. It’s filed electronically, and then we serve the document through our process service on these companies in every state in the United States. And this whole process can happen within days.

We move at light speed with respect to mesothelioma cases because of the nature of this disease. You may have many more questions about how a mesothelioma case is started, and we can provide the answers to your questions.

I’m Joe Williams. At our office we represent mesothelioma victims and their families every day. These are the kinds of cases that we handle each and every day, and we’ll be happy to answer your questions. I encourage you to call the number on your screen below, that’s my office number, and we’ll answer your questions. Thank you.

Dangers of Distracted Driving

You’re driving down the road, and you see that guy, the one holding-up traffic because his attention is one his cellphone. You shout at him, “Really?” You think to your self, “That idiot is going to hurt somebody.” Some people just don’t mixed their phone and driving as well as you do. Well, at least you think you mixed them well.

Let’s consider this thing called: distracted driving. Let’s call it any activity that can divert a person’s attention from the primary task of driving, such distraction include: grooming, texting, eating, changing the radio station, talking on a cellphone and so forth.

Humans have long claimed the ability to multitask, and with our current culture, technology saturation at an all time high, people believe more than ever that they are good multitaskers. While it’s possible to do more than one thing at a time, the human brain is incapable of devoting sufficient attention across multiple tasks, when just one of them require much attention.

Earl Miller Distracted Driving Research

MIT, neuroscientist, Earl Miller, puts it bluntly. You’re not paying attention to one or two things simultaneously. He says, “You’re actually switching between them very rapidly.” Even the things we do very well, with little conscious thought, can be a big bite out of the mental capacity which has strict limits by nature. Talking on the phone is easy, but it uses up mental capacity, and depending on the conversation, it can eat up most or all of our attention.

Dr. Miller says, “We’re mistaken when we believe we’re paying attention to everything around us when we multitask.” Psychologist say we’re also prone to inattentional blindness, that’s the failure to notice something even when we’re looking right at it. One of the most famous study to show this phenomenon involved an invisible gorilla. Participants watched a video of six people passing basketballs, and counted how many times the players wearing white passed the ball. In the middle of the video, a woman in a gorilla suit walks into the middle of the screen, thump her chest, and then leaves. About 50% of the participants didn’t even notice the gorilla – they were demonstrating inattentional blindness.

Consider the Following Factors that Can Affect Inattentional Blindness.

One: Obviousness

This has to do with the object’s ability to catch our attention. For example, especially on a rainy day, a gray car pulling out in front of your car would not be as conspicuous as a bright red car.

Two: Expectation

When we expect certain things to happen, we might overlook or blackout to what actually is happening. For example, if we expect the car up the road to be moving, when it’s really stalled, we may not realize we’re approaching the stalled vehicle at high speed. Three: capacity. As stated earlier, we can spread our attention around only so far. Even when we are expert at something, the activity consumes a certain amount of attention. Talking on the phone, texting, dialing: each demands part of our mental capacity, and can easily compete for the same resources we need for staying aware of our surroundings.

Distracted Driving Risk

Distractions can blind the mind the things around us, and driving is one of the most dangerous activity the average american engages in, with approximately 33,000 traffic fatalities annually. So we have a choice, will I pretend to be an expert at multitasking while driving, and put my mind at greater risk for inattentional blindness, increasing the possibility that I will harm other, and myself too, or will I choose to drive cell free with myself off as many distractions as possible and devote my mind to safer driving?

Take the pledge to drive cell free at www.drivecellfree.net. You can also download our free eBook: Distracted Driving, The Multitasking Myth. It will tell you more about the psychology behind inattentional blindness, bust the myth that talking on the phone is the same as talking to someone in the car, give you interesting and practical facts and statistics surrounding distracted driving, and explain some of the legal ramifications of distracted driving – go to www.drivecellfree.net. Finally, to help make our street safer, we invite you to share this video with your friends and family.

By: Steven Gacovino

Bronx Workers Exposed to Asbestos

You’ve been diagnosed with mesothelioma, and you work in the Bronx, and you’re wondering, where’d you get this disease from? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I can give you some information about a asbestos exposure that occurred to workers who worked in The Bronx. We know that the Bronx is a heavily populated borrow during the last century. The Bronx was build-up to become one of the most densely populated borrows in the metropolitan area. And that happened through building, union tradesmen and craftsmen building apartment houses and dwellings throughout The Bronx. Building large/multi story apartment buildings, and that involved work a asbestos products, asbestos insulation, joint compound, floor tile, roofing, refractory, bricks, these union tradesmen were exposed to asbestos in hundreds and thousands of buildings as The Bronx was built. We also know that The Bronx is home to at least one Con-Edison Powerhouse Hellgate, and that powerhouse is filled with asbestos components, including asbestos insulation, which expose the workers who worked at that facility. We also know that The Bronx is home to large medical facilities such as Albert Einstein Cancer Center in the Bronx Veterans Administration Hospital, and Jacobi Medical Center, and perhaps maybe even you were treated at any of these locations. But it’s also important to remember that these buildings were built by craftsmen’s hands, and those men and women were exposed with asbestos during the building of these facilities.

You’ve been diagnose with mesothelioma, and I’m sure you have questions about mesothelioma, and about asbestos exposure, and how you contract to these disease. Well, I’m Joe Williams, in our law firm we answer questions for mesothelioma victims and their families everyday. And we certainly can talk about to you about the Bronx, and about the various ways that workers were exposed to asbestos in The Bronx. I invite you to call the number on your screen bellow and we’ll talk to you about your questions and answer your questions. Thanks.

 Car Accident Attorney

When you’re in a car accident, there are many parties involved sometimes. There is the insurance company to deal with, the police department, your doctors. You need to have an experienced lawyer to help you work through your case who has your best interests in mind. Hire the Moore Law Firm. We have the experience and the resources to guide you through the process, and enable you to have piece of mind.

Companies That Caused Asbestos Exposure Went Bankrupt

You’ve been diagnosed with mesothelioma, and you’ve learned that some or all of the companies that were responsible for exposing you to asbestos have gone bankrupt. What do you do?

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that in every mesothelioma case that we handle, there’s two claims. One, as against all of those companies who are still in business, who are viable, still conducting business, and we bring a civil lawsuit against them related to their liability to our client for causing our clients mesothelioma.

The second type of claim is administrative claims involving the bankruptcy trusts that had been set up by all of those companies that have declared bankruptcy over the course of the past decades in order to avoid the civil liability associated with these lawsuits related to mesothelioma and asbestos.

So how are those claims filed? Well, we elicit exposure information from our clients regarding their exposure to the products made by these bankrupt companies. We then take that exposure information and we submit it to the trust that had been set up, and the trust reviews the evidence and the exposure information that was submitted. It’s important to remember that these trusts were set up because these companies, these corporations, declared bankruptcy, and their bankruptcy

Railroad Workers Exposed to Asbestos

How were railroad workers exposed to asbestos, and what can they do about it if they get mesothelioma? Hi, I’m Joe Williams, I’m a mesothelioma trial attorney and I want to talk to you about the types of exposures that workers on the railroad would have confronted during the course of their working career.

Protection With FELA statute

The first thing you need to know is that railroad employees are protected under the FELA statute. It’s a federal statute, the Federal Employers Liability Act, which requires the railroad to provide a safe working environment for their railroad employees. So if the railroad was negligent and not providing a safe working atmosphere, and if the employee gets sick and gets mesothelioma as a result, the railroad can be held legally responsible for that.

 A Former Client

Let me illustrate this by talking to you about a former client of my office who was a railroad worker. Now, this railroad worker worked on locomotives and trains as well as the cars themselves and he was exposed to asbestos from the insulation on the exhaust system of the locomotives, to asbestos from the controls and switches in the electrical components of the cars themselves, and he was exposed to asbestos from the work that others did around him with asbestos containing brakes that existed on the cars. There was also iron brakes, but some of them were made of asbestos. All of these exposures contributed during the course of a working lifetime to, unfortunately, give this client mesothelioma, and when he was diagnosed with mesothelioma he wanted to know what he could do about it. After an understanding that the FELA statute was designed to protect him, he was able to bring a claim against the railroad under the FELA statute.

Now why am I telling you this? It’s because you have questions about mesothelioma and the types of exposures that railroad workers would confront on the job. I’m Joe Williams, at my law firm we represent mesothelioma victims each and every day, and we deal with issues like this every day. If you have questions I invite you to contact our office. We are here to answer your questions. Thank you for listening.

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

Two Different Judicial Systems

Here in the United States, we have two separate and distinct judicial systems. Each state has its own court system, and the US Government has its own federal court system. An experienced attorney is going to know exactly whether or not your case belongs in state or federal court. At the Maurer Law Firm, we will be able to evaluate your case and tell you what’s in your best interest. If you have questions about where your case needs to be brought, call the Maurer Law Firm. I’ll be able to tell you exactly whether or not your case should be in state or federal court.

Lab Workers Exposed to Asbestos

Did you know that asbestos was used in various types of lab equipment? And that asbestos could cause lab workers – lab technicians – to develop mesothelioma later in life? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about some these asbestos exposures. Now, in a lab setting, lab workers, lab technicians, work with gloves. Back years ago, those gloves when picking up a heated beaker or a hot surface– those gloves could have been asbestos gloves – gloves actually made with asbestos components. They worked with aprons for their safety protection. Ironically, these gloves were used as a safety precaution, yet they contained asbestos. Additionally, aprons that the lab technicians would wear, often times contained asbestos, to protect from heated objects, or perhaps ovens that they were working with during their lab experiments.

Asbestos pads and asbestos mats were used in lab settings. Wire mesh screens were used in lab settings. All of these things decades ago, could have contained asbestos, which exposed the worker – the lab technician – to asbestos dust during the course of their work each day, every day, over a course of a career. These exposures could cause a lab technician to develop mesothelioma years later. I’m telling you all this because you have questions about mesothelioma, and how mesothelioma is caused.

I’m Joe Williams. At my office, we deal with these issues each and every day. We represent victims of mesothelioma and their families. If you have questions, I invite you to call us, and we’ll answer your questions. Thank you very much.