New York Personal Injury Laws

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.

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

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.

How Do Trucking Accidents Happen

Trucking accidents are typically a result of negligent driving, manufacturing defects, or improper maintenance of a truck. Injury form truck accidents can be catastrophic and sometimes deadly. You need an attorney that knows the rules and manufacturing standards when it comes to the trucking industry to ensure that you collect the damages you’re entitled to.

Being seriously injured in a trucking accident can be a very overwhelming process. Contact me

Medical and Dental Malpractice Negligence

When you’re talking about medical or dental malpractice, you’re really talking about negligence. To prove a medical or dental malpractice case, we must show the doctor has failed to meet accepted standards for medical care in your community. Some examples of medical or dental malpractice include failure to diagnose breast cancer or an impending heart attack. Malpractice may also stem from a surgical error. For instance, an oral surgeon may place an implant too close to a nerve. To know if you have a valid malpractice case, it’s essential that an experienced lawyer reviews your medical records and consults with appropriate medical experts. The selection of the right medical expert in your case is extremely important. I will only work with a doctor who truly believes you have a valid case. If you feel you or a loved one has been injured as a result of the negligence of a doctor or dentist, and you would like to arrange a free consultation, please contact us or chat with us on our website.

Stresses of Mesothelioma

You’ve been diagnosed with mesothelioma. You’re suffering, you’re feeling lousy, and you’re just not sure if you’re going to go ahead and pursue your legal rights from your exposure to asbestos. Perhaps it’s just too difficult, or too much to handle right now. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I’d like to talk to you about the stresses that a client faces when dealing with a diagnosis of mesothelioma.

This diagnosis is a terrifying diagnosis. The doctor sits you down, and perhaps after a biopsy, talks about this bizarre word, mesothelioma, that you probably never heard before. Perhaps tells you about what it is and what can happen, and all of the very fearful things that you could be in for as a victim of mesothelioma. Perhaps the very last thing in the world you’re thinking about is, “Well, let me pursue a legal case related to my asbestos exposure.” My response to you is, I totally understand. A lot of my clients say the same thing. It’s a very normal reaction.

What I tell my clients, and I’ve had many clients say this to me, and what I always tell them is, as the lawyers who for a living every day represent victims of asbestos exposure, persons who have been diagnosed with mesothelioma, at least half of our task is focused on taking those stresses away from you. Handling your case in such a way so that it doesn’t stress you out. Not bothering you with all the minute details and stressors that you don’t need in your daily life.

Things like a deposition – that sounds like a horribly daunting thing to have to go through. Well, in most mesothelioma depositions that we do, we either go to the victim’s home, or we do the deposition in a hotel conference room right near their house, so that they don’t have to travel. Travelling for someone who’s sick is very difficult. It’s really the last thing you want to do is get in a car, or a car service, and travel out to a lawyer’s office. In my circumstance, my office in New York City.

Things like signing papers. In a normal case, clients travel to the lawyer’s office. In a mesothelioma case, the lawyer for a mesothelioma victim understands what the victim is going through. We go to you. The lawyers go to your house. We sit with you, and talk about your concerns and your problems.

Medical bills – these kinds of things stress out the family members, and the victim themselves, all these medical bills that pile up. Well, it’s important to have a process in place to deal with the bills from Medicare, and to deal with the bills as they pile up, and to know that in a mesothelioma case, one of the claims in the case is for repayment of those very medical bills. The point I’m trying to make

Injured in a Motor Accident

Sometimes even a minor car or biking accident can result in severe long term injuries that can be costly. If you’ve been injured through no fault of your own, don’t go it alone. The legal team at Wilson Law has successfully resolved claims for severely injured individuals, by either negotiating with the insurance company or going to court. Don’t get overwhelmed. See the attorneys at Wilson Law for a free consultation. We’ll even come to you.

At Wilson Law we’re standing up to them and standing up for you.

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.

Representing Railroad Employees And Passengers

I handle serious personal injury cases for both employees and passengers. The railroad industry is a very dangerous place and the laws are quite complex that apply to those cases. It’s important that  you’re represented by an attorney