New York Personal Injury Laws

 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.

Pleural Mesothelioma

How does a person get pleural mesothelioma? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and in order to explain to you the general ways in which mesothelioma forms in the human body, I need to talk to you a little bit about the process of how those fibers get into the system.

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

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.

No-Fault Law Public Service Tip

I’m Ira Maurer with a public service law tip on the No-Fault Law in New York.

What is the No-Fault Law and why does it exist? Several decades back, our court systems were overwhelmed with too many claims, and the only way they could free up the logjam was to limit which cases could be brought in our court system. You must have a serious injury as defined by the No-Fault Law in order to pursue a lawsuit in New York, or your case will in fact be dismissed before trial on motion by the defendant.

Secondly, what benefits are you entitled to under No-Fault? Regardless of who is to blame, you’re entitled to receive wage benefits and have your medical treatment paid for. In New York, every insurance policy must have $50,000 first-party benefit available, payable over a period of 36 months. You are entitled to receive wage benefits not exceeding $2000 a month. You can get 80% of your wage loss, but it won’t exceed $2000 a month.

Second of all, your medical treatment has to be paid for. You don’t have to obtain preauthorization from your own No-Fault insurance company. They must pay reasonable and customary charges for your treatment. If they think you don’t need the treatment, they’ll send you for an independent medical exam to have a doctor cut off your benefits. But initially, they don’t have a right to decide whether or not you’re entitled to the care, and they don’t get to preauthorize anything.

That’s different from your own healthcare insurance, which may require pre-certification for an MRI, for example. So, No-Fault means your own insurance pays those benefits for wage loss and medical treatment. It doesn’t matter who is to blame. Your own insurance pays for it. And, you can purchase additional insurance beyond the $50,000 in first-party benefits when you purchase your policy. That’s something you should speak to your insurance agent about.

For more information about pursuing a claim under the No-Fault Law for personal injury from a car accident, visit the Maurer Law webpage at maurerlaw.net.

Maintenance Man Diagnosed With Mesothelioma

You worked as a maintenance man, and now you’ve been diagnosed with mesothelioma, and you’re wondering how did you get this disease? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to give you some information about the potential asbestos exposures that maintenance men would have confronted while they were at work and on the job.

Possible Exposures To Asbestos

Now a maintenance man in a building is responsible for the entire building. If it’s a six story apartment building, or an 80 story skyscraper in Manhattan, a maintenance worker or maintenance man could have duties and responsibilities throughout the building. For example, in an apartment building, a maintenance man might have to everyday work on maintaining the boiler system. Older boilers sometimes needed water poured into them. Boilers have to be checked. If there was a necessary repair that had to be made, if it was a simple one, a maintenance man could effectuate that repair. If it involved plumbers or tradesmen coming into the site, the maintenance man would be on site supervising. Why is that important? Because the boilers years ago were covered with asbestos insulation, and work with the boilers, whether by the maintenance man himself or by others in his vicinity, could cause asbestos dust to go into the air, exposing everyone in the room to asbestos that could cause mesothelioma.

A maintenance man is responsible for the tenant spaces in the building. In an apartment building for example, a tenant moves out, that apartment has to be painted. The walls had to be prepared and smoothed out. Cracks or holes in the walls had to be filled with joint compound. Joint compound contained asbestos before 1977. When it was sanded down, the dust would go in the air, exposing anyone in the room, including the maintenance personal, to asbestos dust, dust that can cause mesothelioma.

A lot of apartments and a lot of commercial spaces had floor tile that contained asbestos. When it was removed or replaced, chipping up the old floor tile caused asbestos dust. Cutting, sanding, installing new asbestos floor tile caused asbestos dust to be breathed by any worker, any person in the area of the work.

These are all potential exposures that maintenance men, maintenance personal, could have during the course of their work. It’s the lifetime work around asbestos that causes mesothelioma.

 Contact Us with Questions or Concerns

Why am I telling you all this? It’s because you have questions about mesothelioma and what types of exposures maintenance personal could face when they’re working on the job.

I’m Joe Williams, and at our office we handle cases for victims of mesothelioma everyday. We deal with these issues everyday. I invite you to call our office and we’ll answer your questions. Thank you.

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.

Case Continuing After Victim’s Death

Does a mesothelioma victim’s case continue if unfortunately they pass away during the pendency of the case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that the answer to this question is “yes”. There’s a process in place in the courts in New York, and in really all states, wherein a litigant who brings a case, if they are unfortunate enough to pass away during the pendency of the case, the court can substitute someone in their place to carry on the case to it’s conclusion.

 Surrogate’s Court

Generally what happens is an application is made to a different court, it’s called the surrogate’s court. This other court, this surrogate’s court, when I say this other court, it’s not the same court where the case is brought. It’s a court that deals specifically with these things, that’s why it’s called the surrogate’s court. The surrogate’s court will decide who it is that stands in the shoes of the person who passed away, the person who brought the case. The asbestos exposed worker who passed away from mesothelioma.

The surrogate’s court will make this decision based upon a few things. The most important of which is a will. If the person who died had a will, and appointed an executor, well the surrogate’s court will certainly take that into account, and in many circumstances appoints that executor as the person who’s in charge of the civil case, of the mesothelioma case, to bring it to its conclusion. If the person who died did not have a will, well the surrogate’s court makes a determination based upon all the facts, and all the circumstances, as to who should stand in the shoes of that now passed away person. The surrogate court will issue an order stating who it is who will take the place of the person who passed away. It’s typically a family member, a spouse, or the children, and the surrogate’s court decides this based upon all the information, but it’s typically a family member.

The bottom line is that the case can continue after the victim of mesothelioma’s death. Any settlement money, or any money from a judgment or verdict, goes to that person’s spouse, or their family members. I’m sure you have many more questions about this topic as it relates to mesothelioma cases. I’m Joe Williams. I encourage you to call my office at the number listed below. We handle these cases every day. We represent victims of mesothelioma each and every day, and we’d be happy to answer your questions. Thanks.

 Steps Specialists Take While Treating Mesothelioma

If you’ve been diagnosed with mesothelioma. So what types of doctors treat patients with mesothelioma? Hi, I’m Joe Williams I’m a mesothelioma trial attorney. I want to talk to you about some of the doctors that see mesothelioma victims. Initially, when a mesothelioma patient first presents with the signs or the symptoms of mesothelioma they see their family doctor, their intrest, their primary care doctor. That’s when a patient is talking about general weakness, malaise, maybe they’ve lost weight, maybe they’ve lost a lot of weight, they have shortness of breath. They walked up two flights of stairs and boy they’re huffing and puffing. They normally walk down the block a couple of blocks to get the newspaper every morning but now that’s a little but more difficult than usual. They go in to see their primary care doctor and explain. The doctor says let’s take an X-ray, let’s do some test. Let me send you on to a specialist. Now, usually after the primary care doctor the next doctor that a mesothelioma patient will see is a lung doctor, a pulmonologist. The pulmonologist is a specialist who deals with issues related to the lungs. So the pulmonologist is a doctor who’s probably seen mesothelioma patients before and can understand those signs and symptoms with a little bit more detail and can order some different tests. Things like a PET scan or perhaps based on the presentation of the tumor in the chest from PET scans or CAT scans or even from X-Rays the pulmonologist will refer the patient on to a surgeon. This surgeon is tasked with the job of finding out definitively what this is that is in this patient’s chest. They do that usually through a biopsy, a tissue biopsy that’s either done through a needle biopsy or through a surgical biopsy intraoperatively, often done with either a minimally invasive procedure called a video assisted thoracoscopy sometimes referred to as a VATS. Or if there’s difficulty locating the tumor there’s another procedure which is a more open procedure and that procedure is called a thoracotomy. But either way the area where the tumor is visualized is biopsied by the surgeon and that tissue is sent to a pathology lab to get a definitive diagnosis of what it is that’s growing in this patient’s chest. Now, once a diagnosis is made pathologically by a pathologist looking through a microscope at a slide at the cells and determining based upon different standing that can be done. That this is in fact malignant mesothelioma that it’s in this patient’s chest. Once that’s decided and determined then the decisions are, “What are we going to do for this patient?” There’s surgical options and that’s where the surgeon continues to play a role. There’s chemotherapy and radiation options. Now, chemotherapy is administered by an oncologist. So that surgeon would refer the patient to a caner specialist. An oncologist who would then consult with and evaluate the patient and their medical records and all their signs and symptoms and make decisions as to what type of drugs, pharmaceutical drugs, chemotherapy drugs can be administered to this patient to reduce the size of the tumor. Or perhaps to debulk it or reduce the size of the tumor in anticipation of a future surgery. Or if the tumor is advanced to just control or reduce the size of the tumor for palliative care, to reduce the symptoms or the pain response that a patient’s having. All of these doctors work together and coordinate with each other to assist a mesothelioma patient as they go through a diagnosis of mesothelioma. Now why am I telling you call this? I’m telling you because you have questions about mesothelioma. I’m Joe Williams, I’m a mesothelioma trial attorney and we deal with issues related to mesothelioma each and everyday. We represent patients and their families as they struggle through a diagnosis of mesothelioma. If you have questions I invite you to call our office and we’ll answer your questions. Thank you.