New York Personal Injury Laws

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.

Plumbers Exposed to Asbestos

Did you know that plumbers were exposed to asbestos during the construction of the World Trade Center? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can give you some information about the types of exposures to asbestos that plumbers faced during the construction of the World Trade Center site.

Large Quantities of Exposure

The World Trade Center site, composed of seven different buildings, was a massive construction project, and the plumbers union had a very large presence during the building of the seven buildings. The buildings at this site required massive quantities of water, hot water and cold water piping running throughout the site. The plumbers’ work at the World Trade Center site exposed them to asbestos in the form of asbestos pipe covering, asbestos gaskets, asbestos insulation that covered the equipment that the plumbers worked with on a daily basis at the World Trade Center site. In addition to their own work, the plumbers who worked at the World Trade Center site could have also been exposed to the work of other trades – trades who are working with asbestos-containing floor tile, or asbestos-containing joint compound, or asbestos-containing fireproofing – exposed as bystanders to the work of others.

You have questions about mesothelioma and exposures to asbestos at the World Trade Center. I’m Joe Williams, and at our firm we handle cases everyday for mesothelioma victims and their families. I invite you to give our office a call. We can answer your questions. Thank you.

Mesothelioma Claim Availability

You’ve been diagnosed with mesothelioma and you want to bring a claim, but you assume that after all these years, the companies that made asbestos products or used asbestos products, they must be out of business. How could you possibly bring your claim?

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I can give you some information about the asbestos companies and how you can make claims against these companies.

 Bankrupt Companies and Companies In Business

It’s important to recognize that many of the companies that made asbestos products, and many of the companies that used asbestos products, many of them have filed for bankruptcy protection. They’ve gone out of business. Other companies that used asbestos with their products have not gone out of business. They’re viable corporate entities still in business. So, we have bankrupt companies and companies who are in business. It’s important to know that when claims are considered for mesothelioma victim and their family, both avenues must be traveled – claims against companies that are out of business and bankrupt, and claims against companies that are in business and viable.

Making a Claim against Out of Business and In Business Companies

The viable companies, we go after them with a lawsuit, and we bring an action against them based upon the facts and evidence of the individual mesothelioma victim’s case. For the companies that are out of business – companies who made bags of asbestos insulation that was put on pipes, companies that made asbestos gaskets and all kinds of asbestos products – many of them have filed for bankruptcy protection. But, the courts have required them to set up trust funds so that future victims of mesothelioma will be compensated for their exposures to asbestos from that product. It’s a condition of them being able to reorganize their business and stay in business.  A victim of mesothelioma can make claims against the money that was put into trust for that very purpose. It’s important to know that there’s up to 60 trusts that have been established for these bankrupt companies, and those trusts have been funded with up to $30 billion.

 A Lawsuit Versus A Claim

So, a mesothelioma victim can make claims against companies that are in business, through a lawsuit, and that same mesothelioma victim also has the opportunity to make claims against the companies who have gone out of business by making claims to the trust – claims to that $30 billon that’s being held in trust for claimants just like that mesothelioma victim.

You have questions about mesothelioma, about the claims that can be made for a victim of mesothelioma? I’m Joe Williams. At our office, we handle these claims everyday. We help victims of mesothelioma and their families each and every day. Give us a call at our office and we’ll answer your questions. Thank you.

Public Service Tips

I’m Ira Maurer, with a public service law tip. If you’ve been injured and commence a lawsuit to collect damages for your injuries, you have the burden of proving your case by a preponderance of the credible evidence. That means you have to convince a jury that, with each element of your case, it’s more likely true than not true. You have to tip the scale of justice in your favor, 51% to 49%; if the jury thinks it’s 50/50, then you haven’t met your burden of proof and you will lose the case. This burden is different from what you may have heard in a criminal case, where the prosecutor has to prove their case beyond a reasonable doubt.

If you’d like more information about pursuing a personal injury case, visit the Maurer Law Firm’s website at M-A-U-R-E-R-L-A-W.net

World War Two Workers Exposed to Asbestos

70,000 workers worked at the Brooklyn Navy Yard during World War 2, and they were all exposed to asbestos. Hi. I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City. I want to talk to you a little bit about the Brooklyn Navy Yard.

Asbestos Exposure From Building Navy Ship

At the Brooklyn Navy Yard they were building ships since the time of the American Revolution. The site was 200 acres in size. Battleships like the USS Iowa and the Missouri were built there. The USS Antietam, an aircraft carrier was built and worked on there.

And I have a particular affinity for that ship because my father served on it during World War 2. In order to accomplish all of this work in the building and repair of US naval ships, there were foundries at the Brooklyn Navy Yard, with high heat and steam pipes insulated with asbestos.

 Asbestos Exposure In The Machine Shops

There was machine shops, where equipment was repaired and worked on for use in these giant US navy ships. There were warehouses where parts and equipment, including all manner of asbestos components were stored at the Brooklyn Navy Yard for use by the workers at the yard.

 Long Days of Exposure

During it’s height at the Brooklyn Navy Yard, ships were built and repaired around the clock, 24 hours a day. And that work using all kinds of asbestos insulation and asbestos containing products at the yard, exposed all of the workers to asbestos. These exposures to asbestos are especially important, because mesothelioma can be diagnosed up to 50 or 60 years after the time of exposure. So we have victims today who present with a diagnoses of mesothelioma. That happen because of exposures to asbestos decades and decades ago at the Brooklyn Navy Yard when those navy ships were being built. You have questions about mesothelioma, and exposures to asbestos. I’m Joe Williams, at our firm we answer questions for mesothelioma victims and their families every day. I invite you to call our office, we’ll answer your questions. Thank you.

Navy Machinist Mate Exposed to Asbestos

You are a machinist mate in the United States Navy, and you served our country, and all these years later you’ve now been diagnosed with mesothelioma. And you want to know how did I get this disease? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about the types of exposures to asbestos, that navy seamen and machinist mates encounter when they worked on navy ships.

I want to do that by talking about a former client of mine, and he actually was a machinist mate on a aircraft carrier. His work took place primarily in the boiler room. You probably know it as the fire room. He worked on all the equipment in the boiler room.

The boiler itself, as well as the pumps that pumped hot water and different fuels and oils for different uses throughout the ship. He dealt with all the systems for propulsion of the ship. And his work with the boiler involve dealing with the asbestos installation that was on this large marine boiler.

There was actually two of them on the ship. And he dealt with the asbestos installation, removing it, reinstalling it after his work. He dealt with asbestos gaskets as it related to the boiler. He dealt with the pumps that were throughout the boiler room and really throughout the ship, in particular the large boiler feed pumps.

He dealt with packing and gaskets that were made of asbestos, as well as insulation that was on the piping and on the pumps. He dealt with valves that were placed throughout the ships, and he also dealt with other equipment in the boiler room and throughout the ship.

The work that he did with asbestos products that included installation, gaskets, and packing, all of these exposures contributed to him developing mesothelioma many decades later. And his doctors informed him that it was those exposures to asbestos when he was in the navy years and years ago, that all these years later, only just a few years ago, caused him to be diagnosed with mesothelioma.

And that’s what’s expected with mesothelioma. The exposures happen, and then 20 to up to 60 years later the patient’s diagnosed with this cancer, mesothelioma. A cancer caused by asbestos. Now, you have questions about mesothelioma, and about the types of exposures that US Navy servicemen faced when they served our country on US Naval vessels.

I’m Joe Williams. At our office we handle cases for victims of mesothelioma and for their families every day. We deal with these issues on a daily basis. Call our office, we’ll answer your questions. Thank you.

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

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.

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