Why Won’t A Personal Injury Lawyer Take My Case?
Personal injury attorneys spend their whole careers seeking justice for those who have been wrongfully injured. With hundreds of different types of lawyers to choose from, it’s critical to interview several attorneys to ensure you are hiring the best fit for your needs. Unfortunately, not every attorney will be willing to take on your case. Just as you are sizing up the lawyers to see which one fits you, personal injury attorneys must feel confident that they can adequately represent your rights. Even in cases where serious injuries have occurred, there may be other factors preventing a lawyer from accepting you as a client. Knowing these reasons can help you prepare for a consultation with all the pertinent information your lawyer requires, and to narrow your search for firms who are experienced in the type of injury claim you need. Expired Statute of Limitations One of the most common reasons why a personal injury attorney may not accept your case is that it is outside of the statute of limitations under New York State. A statute of limitations is the law that sets the maximum time after an accident or injury that a plaintiff can initiate legal proceedings. Each type of claim has specific timelines that are non-negotiable when it comes to filing. If your claim is past the statute of limitations, there is often nothing an attorney can do. Difficulty Establishing Liability If a case is within the statute of limitations to file under NYS law, the next factor an attorney will look at in your case is the ability to prove liability. Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable. If an attorney is unable to prove liability, or unwilling, they will certainly turn down the case. Limited Resources Personal injury attorneys must be able to gather and process enough evidence to prove liability and damages in order to render monetary awards from a claim. This can take an impressive amount of resources and lots of investigative work. Not all firms possess the same amount of resources and expert witnesses to successfully file a claim. This could lead a lawyer to pass on your claim, especially if they feel there is a possibility it could go to trial. Inadequate Damages A personal injury victim has the ability to claim a number of damages directly resulting from their accident. This could include medical expenses, loss of wages, mental health treatment costs, or pain and suffering. An attorney who believes your case lacks enough damages to equal a significant compensation request may see it as more work than it’s worth. High Expense and Time Consuming Personal injury attorneys do not get paid unless they win. This means that the time and effort it takes for them to prove liability in your case must feel ‘worth it’ in the long run. Some attorneys may not want to put forth a great deal of time into a case that is only seeking minimal compensation. Other lawyers may already have too many cases on their plate, with no additional time or expenses to represent you appropriately. Inexperienced Attorneys in the personal injury field of law do not all have the same experience with each type of personal injury case. Some firms may focus on car accidents, while others spend more time on medical malpractice. Finding out which area of law a firm has the most experience in before scheduling a consultation will save you from getting turned down for lack of experience. Conflict of Interest Attorneys vow to follow strict guidelines in their practice upon passing the Bar. They must be able to act ethically and always in the best interest of their clients. According to the American Bar Association ,if a conflict of intent exists before representation is undertake, the attorney must turn down the case. Conflicts of interest include any factor that may cause an attorney compromise representation of their client’s best interests. For example, a lawyer may turn down your case if the defendant you are suing used to be a client of theirs in the past. History of Rejection New attorneys, or attorneys who are not confident that they can win a tough case, may take their lead from other firms who have passed on your case. These red flag cases are categorized as ‘risky’ or ‘undesirable.’ And because personal injury attorneys are only paid when they win, a risky case for some firms is not worth the potential loss. Poor Rapport Consultations do not always go well. It may be due to a personality clash or value discrepancy, but sometimes people just do not get along. When this occurs, it is better for an attorney to turn down your case immediately than to run into unrepairable problems down the road. Don’t take offense if an attorney turns down your case. There are hundreds of attorneys in the New York and Long Island area that may still be able to represent you. If a personal injury attorney does not want to represent you because of the finances, time, or lack of resources required, you are better off finding another attorney who is properly equipped to handle the challenge. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict
Top New NY Laws Of 2019
Last week our firm highlighted the new ‘Green Light Law’, but that wasn’t the only legislation worth noting this year. As we wrap up 2019, take a look at some of the other significant bills and laws that have passed this year in New York: Cash Bail Bill New Yorkers will no longer be held on cash bail for most arrests. The new law eliminating cash bail aims to speed up trials and prevent low-income inmates from remaining in prison for minor crimes. Child Victims Act This law was a major win for victims of childhood sexual abuse who were previously unable to seek justice because of New York’s strict statute of limitations. The law not only extended the statute of limitations for reporting sexual abuse but allows victims of all ages a one year period to come forward against their abusers. DREAM Act Immigrants brought illegally into the United States as children became eligible for college tuition aid this year under the DREAM Act. These students, also called Dreamers, are eligible for assistance including the Excelsior Scholarship and TAP but must attend high school in NY to qualify. E-Scooters Bill E-scooters and pedal-assist bicycles were on track to be permitted in the state thanks to a bill passed in June. But after Governor Cuomo vetoed the bill on December 26 over safety concerns, avid riders will have to wait a little longer. Pay Equality Law New York employers would no longer be allowed to request an employee’s salary history under a new bill aiming to establish equal pay for workers. The bill states employers must pay employees who perform identical work the same wage, regardless of sex or gender. Gravity Knives There’s no longer a ban on gravity knives in New York. These weapons were officially removed from the ‘dangerous weapons’ list was decided after a federal judge ruled the ban unconstitutional, particularly workers who carry folding knives for work. LGBTQ Laws The LGBTQ community saw a number of new laws passed this year. One law prevents mental health professionals from engaging in sexual orientation change therapy. Another prevents defendants in criminal cases from claiming their actions were a result of being ‘surprised’ by someone’s gender or sexual orientation. Climate Change A new climate act will require New York State to cut its greenhouse-gas emissions by 85 percent by 2025. The Climate Leadership and Community Protection Act is one of the nation’s most ambitious laws and will require higher costs for power-plant owners and business among others. Elimination of Vaccine Exemption Another hot topic of debate in 2019 was the end of religious exemptions for vaccines. The legislation was sparked by the measles outbreak centered in Rockland County and Brooklyn, and even forced parents who refused the vaccination to remove their children from public schools. Legalizing Marijuana Legislators did not fully legalize marijuana this year, but penalties for possession were reduced. Violations will no longer exceed a $200 fine for amounts less than two ounces. Declawing Law Animal advocates are thrilled with the new bill going through that would make it illegal for New Yorkers to declaw cats. Declawing involves the removal of bone, tendons, nerves, and ligaments- not just the nail. Animal rights activists have been after this move for quite a while, claiming the procedure is ‘inhumane.’ For more laws and bills that have been passed this year, click here! New York City and Long Island Motor Vehicle Accident Attorneys The attorneys of Siler & Ingber are committed to working with our clients to help them get the compensation they deserve. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.
‘Green Light Law’ Allows Illegals to Have NY State Driver’s Licenses
The Department of Motor Vehicles (D.M.V.) is about to get even busier now that the ’Green Light Law’ has officially gone into effect. According to Spectrum News, the D.M.V. issues an average of 1,000 Class D standard permits in a single day. This Monday, the D.M.V. issues an average of almost 3,000. As of December 16, all individuals claiming residency in New York State are now able to apply for a standard driver license. With thousands of interested immigrants eager to apply, this could mean D.M.V. lines will be out the door for the next few months. These are the changes you can expect to see. ‘Green Light Law’ The Driver’s License Access and Privacy Act, more commonly known as the ‘Green Light Law,’ was first enacted on June 17 of this year. This monumental legislation grants all New Yorkers, regardless of their citizenship or lawful status, the right to apply for a driver’s license. The requirements for undocumented immigrants to apply for an NYS license are pretty similar to the criteria for citizens with respect to a few changes. Unique to the ‘Green Light Law’ is Form NSS-1A, or the Affidavit Stating No Social Security Number form. Undocumented residents who are over the age of 16 and applying for a standard license must complete this affidavit before they can be considered. This form states the individual applying has never received a social security card, without questioning citizenship plans any further. What You Will Need To Apply To apply for a New York State driver license under the new law, applicants must bring a combination of documents to prove the following: name, date of birth, and New York State residency. These documents may include, but are not limited to: a valid, unexpired foreign passport issued by your country of citizenship a valid, unexpired consular identification document issued by a consulate a valid foreign driver license that includes your photo, and which is either unexpired or expired for less than 24 months Permanent Resident Card, which is either unexpired or expired for less than 24 months Employment Authorization Card, which is either unexpired or expired for less than 24 months Border Crossing Card S. Municipal ID Card (e.g. NYC ID) with photo foreign marriage or divorce record or court issued name change decree foreign birth certificate In compliance with current state law, applicants will be required to pass a knowledge test to get a permit and a road test before a driver’s license is issued. Exceptions To The Law Drivers who wish to apply for a commercial driver’s license are not covered under the Green Light Law. The law also does not apply to drivers looking for licenses for federal purposes. Undocumented immigrants under the Green Light Law are still unable to apply for non-driver ID cards. Any driver who does not have a social security card or proof of lawful U.S. status will also be ineligible to apply for a REAL ID, a form of identification that will allow New Yorkers to board airplanes after October 1, 2020 as a substitute for a passport. Finally, the law states that undocumented immigrants who receive an NYS driver license may not use these documents as proof of citizenship. The license will also not allow individuals to vote or register to vote if they are ineligible. To prepare for an uptick in disagreements, the D.M.V. has preemptively created a hotline for immigrant applicants to call if they experience issues applying for a driver’s license. The New York State New Americans Hotline is a toll-free, multi-lingual, confidential hotline that can assist customers with their concerns anonymously. Regardless of which side you are on, staying informed about the laws in our state is critical to knowing your rights. For more information on the ‘Green Light Law’ and how it affects your family, click for resources provided by the NY Department of Motor Vehicles. Long Island Car Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using our past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in a vehicle accident due to the negligence of another, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.
What Types of Evidence Are Relative in Personal Injury?
Evidence is the bread and butter of any personal injury case. The quality of evidence and the amount you compile can quickly make or break your claim. In some cases, lack of evidence can result in a significant drop in the amount of compensation you receive, even if you are clearly the victim in an accident. Clients who aren’t familiar with the types of evidence they can use in a case may be unintentionally allowing compelling information to disappear. When you have been wrongfully injured in an accident, particularly in an area as busy as Long Island or New York City, the quick gathering of evidence is crucial. Personal injury lawyers that possess the experience and resources to gather evidence are priceless when it comes to filing a successful injury claim. However, familiarizing yourself with what constitutes as evidence after sustaining an injury can also be useful to ensure that no important information is lost after an accident. Types of Evidence Determining when an accident was caused by negligence or wrongdoing is more complex than simply claiming that it happened. According to New York State’s personal injury law, a plaintiff must be able to prove two main components: – Liability: Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable. – Damages: Plaintiffs must be able to prove that the damages sustained in a personal injury case, whether they are physical, emotional, psychological, financial, and so on, were a direct effect of the accident. Evidence includes anything that can be used to prove someone was liable for your injury: testimony, exhibits, documents, or more. Some of the most common types of evidence you may be asked to provide include: – Physical Evidence: Physical evidence includes tangible objects that can be shown in court and referenced as proof of an accident. These could include clothes, equipment, tools, vehicles, or even proof of certain weather conditions related to the event. Proof of any physical injuries sustained (scars, lacerations, etc.) will also be used to establish a serious injury has occurred, although sometimes photos are taken as a substitute. – Documentation of Injuries: Medical bills, prescriptions, incident reports, police statements, or any other documentation pertaining to your injury after an accident can be used as evidence in a case. – Accident Scene Evidence: Photographs or videos of the accident scene can be used to show the aftermath of an accident and to establish certain characteristics of how the events played out. These photos help in situations where conditions cannot be recreated (such as weather) or in cases where evidence is too large or unable to be removed from the scene of the accident. – Witness Statements: Witnesses to your accident can be extremely useful in painting a clear picture of the events leading up to your injury. Almost all parties who witnessed your accident can provide a statement for your claim. Witness statements are extremely strong pieces of evidence as they provide different perspectives of the accident that are helpful for your case. – Photos & Videos:Videos or photos that capture accidents as they are occurring are one of the greatest pieces of evidence in proving liability. Red light and speed cameras have been known for significantly helping in cases involving pedestrian, bicycle, and motor vehicle accidents as they eliminate the need to recreate the scene of an accident. – Online Information: Information from social media accounts, emails, and other online sources have become extremely popular in an age where digital media has become our primary source of communication. They are often used to determine a defendant’s character or to prove a history of committing similar acts of negligence. How Is Evidence Gathered To meet the New York State requirements for filing a personal injury claim, attorneys must wear several different hats and have access to credible experts to gather the evidence needed for your case. Types of resources a personal injury lawyer may utilize include: – Medical professionals; – Law enforcement; – First responders; – Private investigators; – Mental health experts; – Engineering experts; – Vocational experts; – Accident reconstruction experts; – Partnering law firms; and more. Expert witnesses are vital resources when it comes to showing the total amount of damages an accident victim has sustained. The best personal injury lawyers will have a team of experts in their corner at all times. These advocates are ready to jump in and fight for clients to help secure the compensation they deserve to get back on their feet. What To Do After An Accident Knowing what to do after an accident can greatly increase your chances of filling a successful injury claim. When you are injured, you may not be thinking clearly or he most important steps to follow directly after an accident: 1. If it is safe, do not leave the scene of the accident or move anything that is not causing you immediate harm. 2. Protect the scene, or have someone else help if you are not physically able. 3. In the case of a vehicle accident, keep your flashers on to prevent other cars from entering the scene or hitting you. 4. Call 911 to report the accident and any injuries that occurred. Your insurance company will most likely require police reports, so make sure to talk to an officer when they arrive. 5. Discuss the details of the accident as accurately as you can. Try to get other witnesses to make statements about what they saw as well. This could greatly help your case. 6. Take pictures of the scene to submit with your claim. Make sure to get photos of the car, the scene, and the injuries. 7. Seek medical attention for any injuries, no matter how minor. Your insurance company will need your
SILER & INGBER’S 2019 OPIOID AWARENESS SCHOLARSHIP WINNER
Our team at Siler & Ingber is proud to congratulate Amiah Tracy! Amiah Tracy, a 2019 graduate of Rush Henrietta Senior High School, is the winner of this year’s $5,000 Opioid Awareness Scholarship sponsored by Siler & Ingber, LLP in partnership with the Rabinowitz Charitable Foundation (RCF). Opioid deaths have been rising at epidemic proportions for the last two decades. More people have died from an opioid overdose in Nassau and Suffolk counties in 2017 than ever before. Sadly, Suffolk County is leading the state death toll with over 600 fatalities. This year, hundreds of Long Island high school students opened their hearts and submitted essays for a chance to win the Opioid Awareness scholarship. They shared tragic and triumphant stories of how opioid abuse has affected their lives, as well as their plans on how they can use the scholarship funds to make a difference. In her compelling essay, Amiah shared personal examples of how opioid abuse directly impacted her family and how these experiences have inspired her to pursue a future as a criminal defense attorney. Her desire to help those who may have had similar experiences with opioids or other drug-related abuse is inspiring. Amaih’s drive to push through a difficult circumstance and use it to empower her to better our system is what makes her a deserving candidate for the Opioid Awareness Scholarship. Amiah plans to use her scholarship at Alfred University, where she is majoring in communications with a concentration in pre-law. “The Rabinowitz Charitable Foundation is proud to have aligned with Siler & Ingber, LLP to support Amiah Tracy in furthering her education and shedding light on this serious epidemic,” says Michelle-Lee Rabinowitz, president of The Rabinowitz Charitable Foundation (RCF). As one of the leading personal injury firms on Long Island, community safety advocates at Siler & Ingber, LLP have a 98 percent success rate when it comes to fighting for the rights of their clients. With over 20 years of experience in personal injury litigation, Siler & Ingber LLP have a winning record of seeking justice for unnecessary and preventable injuries on Long Island and in New York City.
Carbon Monoxide: Why It’s Called The ‘Silent Killer’
The season of bitter cold temperatures has just begun on Long Island. If you haven’t kicked up your heat yet, chances are you will soon. Now that most residents are cooped up indoors for the season, it’s important to prepare for one of the most preventable accidents that kills hundreds of Americans every year: carbon monoxide poisoning. Carbon monoxide (CO) is known as the “silent killer” for its colorless, odorless appearance and ability to seep undetected into homes. According to the Center for Disease Control and Prevention (C.D.C.), CO is responsible for over 400 deaths, 20,000 hospital visits, and 4,000 hospitalizations every year. Shockingly, this number is conceived to be even higher due to the fact that carbon monoxide poisoning is often misdiagnosed and documented as other illnesses such as the flu. CO fatalities and illnesses are preventable when you know what to look for. All Long Islanders should be aware of the specific carbon monoxide risks in their home, how to prevent leaks, and what to do if you suspect CO is present. Why Winter Raises Risks for CO Poisoning Fatalities caused by carbon monoxide poisoning soar during the winter months with an increase in residents using gas appliances and heaters. Windows and doors also tend to remain sealed when the weather is cold, allowing the gas to build up to deadly proportions without a proper means of escape. Any appliance or tool that runs on gasoline, natural gas, propane, kerosene, wood, charcoal, or diesel fuel has the potential to produce dangerous levels of carbon monoxide gas. CO is found in the fumes that result from burning these fuels and it becomes deadly when large amounts are trapped in enclosed spaces. Some of the most common appliances causing harm to people in the winter include: Cars and trucks; Small engines (high-pressure washers, floor buggers, welders, pumps, compressors); Stoves; Lanterns; Fireplaces; Gas ranges; Generators; Water Heaters; Portable Space Heaters; Snow and leaf blowers; and Furnaces. Most CO leaks are the result of failed or improperly used appliances and heating systems that allow abnormal release and build-up. Open fires using any of the above heating sources can also lead to CO leaks when the fuel does not burn fully. Signs of CO Poisoning Because you cannot see, smell, or even taste CO in the air, being aware of the symptoms associated with carbon monoxide poisoning may be your first clue that there is a problem. Everyone reacts differently when exposed to CO, but some of the most common signs and symptoms listed by the U.S. Fire Administration include: Headache; Fatigue; Shortness of breath; Nausea; and Dizziness. If your home contains a high level of CO or you have been exposed to the gas for a prolonged period of time, symptoms will progressively become more severe, including: Mental confusion; Vomiting; Loss of muscular coordination; Loss of consciousness; and Death. Unfortunately, symptoms of carbon monoxide poisoning can often be misdiagnosed as other illnesses such as the flu. If you or a loved one experiences a sudden onset of these symptoms (while in the home), and have not come in contact with anyone who has been diagnosed with the flu, remove yourselves from the residence until the CO levels are checked. How To Prevent CO Poisoning December is not the coldest month of the year in New York. In fact, January tends to be the time when heat systems are kicked on full blast, resulting in the death of at least two people a day from carbon monoxide poisoning. Now is the time to protect your home from CO leaks. The New York Department of Health provides the following recommendations to keep your family safe this winter: Make sure you have working CO detectors installed to provide warnings that elevated CO levels are present. These devices should be placed according to the manufacturer’s installation instructions and tested at least two times every year. Schedule annual maintenance for furnaces and heating appliances in the home. If you have already begun using these appliances, make sure to schedule maintenance as soon as possible. Never operate cooking appliances such as stoves for warmth. Never use gas or coal grills indoors (especially for warming purposes) or in a semi-enclosed space such as a garage, shed or porch. Never use portable generators in the home or basement. Keep these appliances at least 15 feet away from your home at all times. Never use gas-powered tools indoors or in a semi-enclosed space such as a crawlspace, garage, shed, or porch. If you are idling your car, keep it outside of the garage to prevent CO from getting into the home. Check your vehicle’s exhaust pipe for blockage from ice and snow to be sure the CO gas has a method to escape. Use these safety steps as a guide to keep your family warm and safe as the cold winter season continues. For more information on how to protect your home for CO, check out these resources below: New York Department of Health- Carbon Monoxide…The Silent Killer C.D.C.- Carbon Monoxide Poisoning FAQ U.S. Fire Administration- Carbon monoxide safety outreach materials. Long Island Accident Attorneys If you or a loved one has been injured in an accident due to the negligence of another, our team at the law firm of Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Our personal injury attorneys at Siler & Ingber have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Contact us today at 1-877-529-4343 , or schedule an appointment online anytime. We never charge a fee unless we recover money for you.
10 Most Dangerous Toys: What Not To Buy This Holiday
The consumer safety group World Against Toys Causing Harm (W.A.T.C.H.) released its list of the 10 Most Dangerous Toys of 2019 last week, just in time for holiday shopping. If you have young children and teens on your shopping agenda this year, these are the products you should avoid to prevent holiday disasters and injuries. W.A.T.C.H.’s 10 Most Dangerous Toys 2019 1. Nerf Ultra One The Nerf Ultra One gun made by Hasbro features a dangerous motor that can fire darts with a powerful force up to 120 feet away. Made for children ages eight and up, manufactures warn that children can sustain serious harm to the eyes and battery-related injuries when misused. The Nerf darts can also be a choking hazard for children under the ages of eight who like to chew and put things in their mouths. 2. Spike The Fine Motor Hedgehog This hazardous little animal is marketed to children as young as 18-months-old. With no manufacturer warnings provided, parents are falsely led to believe the toy is completely safe. However, the rigid plastic quills that detach from the back of Spike serve as a potential choking hazard. The quills measuring at approximately 3-1/2 inches can be easily ingested and cause young children who like to put things in their mouth to choke or suffer injuries to the throat and neck. 3. Bunchems Bunch’N Build Bunchems come with several product warnings that lead us to question why this toy was made for children to begin with. These small plastic balls tightly stick together when children build and create quite a nightmare for parents. Recommended for children ages four and up, the plastic pieces can easily become entangled in children’s hair, as well as become a choking hazard for both kids and their pets. 4. Stuffed Yeti Yeti is a soft, ape-like stuffed toy that is marketed to children 24 months and older. This toy wouldn’t be so dangerous if it weren’t for the long, fiber-like hairs that come loose when pulled or chewed. Being that 24-month-olds actively put everything in their mouths, this Yeti toy has been classified as an aspiration and ingestion injury risk to children who accidentally eat the hair. 5. Nickelodeon Frozen Treats Slime Kids love slime. But parents may want to think twice about purchasing this product. Sold at popular stores such as Target and Walmart, Nickelodeon Slime Treats are recommended for children six and up. Not only does the product contain chemicals that can make kids sick if eaten, but the slime can lead to ingestion and irritation injuries if children accidentally swallow it. 6. Anstoy Electronic Toy Gun Parents and child safety advocates have been fighting about the controversial topic of toy guns for decades. This particular one, however, is pushing the limits for its realistic appearance. According to W.A.T.C.H., with so many recent school shooting tragedies, there is no reason to make guns as realistic for children as this Anstoy toy. Even though the products are marketed to children 14 years and older, toy experts are giving this product a big thumbs down. 7. Diecast School Bus This mini school bus made by Schylling and marketed to children three and up is not as safe as it looks. The small rubber wheels on the bus can be easily pulled off. These features make this toy bus a major choking hazard for children who like to put things in their mouths. 8. Pogo Trick Board This pogo trick board might be even more dangerous than its predecessor, the original pogo stick. Made for children six years and older, kids who jump on this toy without a helmet or other protective gear put themselves at risk for broken bones and head injuries. Even the cover photo of this product is hazardous, showing no children using the toy with protection and only two of the three jumpers wearing a helmet. 9. Power Rangers Electronic Cheetah Claw Making plastic claws for children is a bad idea, and the Power Ranger Electronic Cheetah Claw is no exception to the rule. Also made by Hasbro, product warnings for this hazardous claw state that the toy’s rigid plastic pieces can cause eye and facial injuries. Yet, the claw is marketed towards children as young as 5-years-old and encourages violence by using phrases such as using the “strength of the cheetah claw” to take on enemies. 10. Viga Pull-Along Caterpillar Just because a toy is made for a baby or toddler does not make it safe. This pull-along caterpillar by Viga is targeted towards children ages 18 months and up when it should be taken off the shelves for good. This is another product that displays no warnings to parents but features a pull cord long enough to pose a strangulation and entanglement risk. Why The List Is Made Consumers are used to hearing about contaminated foods and drugs. Particularly after a year like 2019, when a concerning number of meat, lettuce, and blood pressure medication recalls were issued. There are strict guidelines food and drug manufacturers must follow to get their products on the market, and even then, some mistakes can slip through the cracks. Dangerous toys, however, can easily make their way onto shelves and into the homes of families with children without a great deal of oversight to prevent harm. With minimal regulations and testing standards to ban unsafe toys from being sold, some toys have to cause mass chaos or child fatalities before they are finally placed on the recall list. W.A.T.C.H. is a Massachusetts non-profit corporation founded by the nationally known trial lawyer and consumer advocate, Edward M. Swartz. Since 1968 and until his passing in 2010, Swartz educated the public about the dangers of child products and the life-threatening toys that cause unnecessary harm to our young. He founded the W.A.T.C.H. organization after recognizing a need for a national crusade to fight back against companies who put dangerous toys on the market. For 40 years, W.A.T.C.H. has been holding the leaders
Best and Worst Hospitals On LI
The Fall 2019 Leapfrog Safety Ratings are giving some New Yorkers a reason to be afraid of the hospital. Among the 147 medical facilities evaluated in New York this season, only 11 hospitals received an ‘A’ rating. The majority of hospitals scored a grade of ‘C’ or ‘D’, ratings that indicate facilities lacking in successful protocols to help prevent patients from harm. When looking at the overall summary of ratings for NYS, these were the results: 11 scored an ‘A’ 18 scored a ‘B’ 88 scored a ‘C’ 30 scored a ‘D’ New York State is now in the bottom five states across the country when it comes to prioritizing patient health and safety, sitting at number 47 out of 51. Long Island hospital ratings were equally as unimpressive in comparison to facilities statewide. Of the 21 hospitals graded: 2 scored an ‘A’ 4 scored a ‘B’ 13 scored a ‘C’ 2 scored a ‘D’ The percentage of Long Island hospitals providing average to below-average care was slightly lower than the state average, but still concerning. More than 70 percent of hospitals in NY received a ‘C’ grade or lower compared to over 60 percent of facilities on Long Island. On a national scale, here’s how New York State and Long Island grades compared: ‘A’ Grade: U.S. (33%), NYS (8%), LI (9.5%) ‘B’ Grade: U.S. (25%), NYS (12%), LI (19%) ‘C’ Grade: U.S. (34%), NYS (60%), LI (62%) ‘D’ Grade: U.S. (8%), NYS (20%), LI (9.5%) (percentages rounded accordingly) With medical errors still serving as the third leading cause of death in our country, these results are heartbreaking. Patients seek medical care from a hospital to get better, not to leave in worse condition than when they came. Medical facilities that are not adhering to safety protocols or implementing them in the first place are unnecessarily jeopardizing the health of every patient who walks through the doors. Preparation is a patient’s first line of defense against becoming a victim of medical negligence. Thankfully, the Leapfrog Safety Grades provide guidance to get you started by educating patients on how to research and prioritize safety measures to receive the best quality of care. Why LI Hospitals Are Falling Behind The Leapfrog Group has been evaluating the safety and health practices of hospitals across the country for almost 20 years. By releasing two annual reports since 2012, the Leapfrog Hospital Safety Grades have helped millions of patients choose the right medical facility by providing education and transparency of the U.S. health care system. Leapfrog uses an A-F grading system derived from evaluating 28 safety measures proven to reduce injuries to patients across hospital and medical facility settings. These 28 measures are categorized into five main groups: infections, problems with surgery, practices to prevent medical errors, safety problems, and doctors, nurses & hospital staff. Hospitals are scored on each safety measure independently to comprise the final letter score. The two lowest-scoring hospitals on Long Island received ‘D’ grades: Southside Hospital in Bay Shore and Nassau University Medical Center in East Meadow. These are some of the safety measures they appear to be struggling with the most: MRSA infections; Surgical wound splits; Infections in the urinary tract; Death from serious treatable complications; Errors in doctors ordering medications through computers; Patients experiencing serious breathing problems; Dangerous blot clots; Accidental cuts and tears; Communication (about medication and discharge); Patient falls and injuries; Safe medication administration; Dangerous bedsores; Having enough specially trained doctors for ICU; Communication with doctors and nurses; and Responsiveness of hospital staff. Some hospitals (including Southside Hospital) refuse to report information on particular safety measures. This automatically equals a below-average score for that area, which negatively impacts the overall grade of the hospital. Refusals to report information result when a hospital is not keeping track of their data, forgets to submit requested data, does not have a protocol in place for a safety measure, or when a facility is trying to hide flaws. Whatever the reason, patients might want to beware of hospitals with missing data in areas that directly affect their treatment and health needs. How To Use The Grade Once you have the information you need to compare the safety protocols of hospitals in your area, it’s time to choose the best one for your health. But how? Aside from looking at the most current hospital grade in the Fall 2019 ratings, Leapfrog suggests also researching how hospitals scored specifically in three areas: handwashing, infection prevention, and fall prevention. These three safety measures affect all patients equally and can lead to serious injuries when carelessness or negligence occurs. Other factors that may sway your judgment on a hospital include: Location; Type of procedure or treatment needed; The urgency of treatment needed; Recommendations from family, friends, and loved ones; Referrals from physicians and specialists you trust; or Specialty needed. If you are stuck between two hospitals for a procedure, take a tour! Scheduling a tour of the hospital grounds will provide you with a better idea of the experience and condition of the facility. It will also give you a chance to test out their level of communication and protocols based on what you witness during your tour. Long Island Hospital Ratings Take a look below to see how hospitals scored near you: A-Rating Mather Hospital (Port Jefferson) St. Francis Hospital, The Heart Center (Roslyn) B-Rating Huntington Hospital (Huntington) Good Samaritan Hospital Medical Center (West Islip) NYU Winthrop Hospital (Mineola) St. Catherine of Siena Medical Center (Smithtown) C-Rating South Nassau Communities Hospital (Oceanside) Mercy Medical Center (Rockville Centre) Long Island Jewish Valley Stream (Valley Stream) Long Island Jewish Medical Center (New Hyde Park) North Shore University Hospital (Manhasset) Glen Cove Hospital (Glen Cove) St. Joseph Hospital (Bethpage ) Plainview Hospital (Plainview) Syosset Hospital (Syosset) Stony Brook University Hospital (Stony Brook) BMHMC DBA LI COMMUNITY HOSPITAL (Patchogue) Peconic Bay Medical Center (Riverhead) Southampton Hospital (Southampton) D-Rating Nassau University Medical Center (East Meadow) Southside Hospital (Bay Shore) For more detailed information on where how each
Annual Thanksgiving Free Pie Giveaway
November is a time for friends, family, and giving. In an effort to giving-back and thanking our community, we are once again holding a FREE Thanksgiving Pie Giveaway. This is not a gimmick or a contest, we just want to do something nice. We have partnered up with another local business that helps people following a car accident, V&J Autobody. Together we are reaching out to the community and giving back, and here’s why! It just feels good. Knowing that we’ve helped someone in their most vulnerable state is a reward in its own right. Knowing that our past clients chose us when they didn’t have to makes it even better. By helping others, we’re able to strengthen our community. There’s more than enough news stories out there that talk about danger, poverty, violence, and crime in New York. Sometimes we need just a little bit of good news to get us through the day. We love meeting new people, which helps us stretch further into our community. We wouldn’t be here without you. Building a business is no easy task. It takes hard work, determination, focus, the right resources, and people believing in your services enough to take that leap of faith to trust you with their problems. The more people we serve, the more connected we feel to people all around New York. Free Pies for Your Thanksgiving Gathering Because we’re in the giving spirit, both Siler & Ingber and V&J Autobody Inc. are hosting a meet and greet event to giveaway pies and fun swag! On Wednesday, November 27, we’ll be giving away free pies! Only one pie per person. Pie pickup will be between 11 am and 2 pm at: V&J Autobody Inc. 941 Wellwood Ave. Lindenhurst, NY 11757 Here’s How to Order Your FREE Pie: Follow & Like our Facebook page and V&J Autobody Private message us from Facebook messenger your First Name, Last Name, email address and type of pie (choose between apple, pumpkin, blueberry, and cherry). Visit us on Wednesday, November 27 to pick up your pie! It’s that easy. Thanks again for all you have done for us. Now it’s our turn to give back to you.
How Do Municipalities in New York Establish Speed Limits?
A speed limit is a maximum speed you can legally travel on the road by motor vehicle. If you’re caught going over it, you could face a hefty fine. If your speeding causes a fatal car accident, the losses are even greater. However, as much as residents in New York City love to debate the speed limits, few know exactly how they are established in the first place. Who Chooses The Speed Limits In NYC? Who exactly has jurisdiction over setting speed limits in New York State can be confusing. With a balance of county, town, and state roadways, multiple parties can play a part. In New York State, the New York State Vehicle and Traffic Law are the ones who give the authority for villages, towns, and cities to set speed limits. Towns with populations exceeding over 50,000, or who are defined as “suburban towns” may be granted authority to set their own limits on county roads within the town limits. Any roads or highways that do not meet these requirements are monitored by the New York State Department of Transportation (D.O.T.) Roads and highways in New York City are regulated by the NYC Region 11 office of the D.O.T., who has jurisdiction of the following roadways according to the Traffic Engineering Directive: State highways and highways on Indian Reservations; County roads and town highways; and Roads on the grounds of state department buildings, institutions of the State University of New York, state hospitals, and other state institutions. Additionally, the D.O.T. has the authority to establish minimum and maximum speed limits in special situations such as on controlled access state highways, bridges, and elevated structures, rest and parking areas, as well as place special traffic regulations and restrictions in these areas. The D.O.T. does not, however, ignore the authority of local governments who have the capability of establishing their own speed limits. They often share dual jurisdiction, in which D.O.T. often favors the decision of the local authorities. Exceptions to dual jurisdiction practices apply to controlled access state highways outside of New York City. In these cases, D.O.T. will step in to set speed limits on bridges, elevated structures, and other stretches where these roads run through towns exceeding 50,000 in population. On bridges or highways that cross state lines, the jurisdiction then switches over to the authorities of the neighboring state. Even with authority to set speed limits, D.O.T. has its own restrictions to follow. Maximum speed limits were first restricted by the Emergency Highway Energy Conservation Act from 1973, stating no highway limit could exceed 55 miles per hour. Since the legislation was enacted in 1995 to establish a maximum speed limit of 65 miles per hour in New York on rural freeways and interstate look-a-like roads. How Are Speed Limits Chosen? There is a lot of research that goes into setting a speed limit. According to the Federal Highway Administration, some of these factors include: Types of vehicles sharing the road; Traffic volume; Number of pedestrians and bicyclists; Weather patterns and visibility; Roadway designs (purpose of the road, narrow or lack of shoulder space, available sight distance, driveways present, etc.); Pavement conditions; and Crash risk frequency and severity. Why Might Speed Limits Change? Areas in NYC are continuously changing. Populations increase, road conditions worsen, and new construction is constantly changing the landscape. Speed limits must be reevaluated and adjusted in these cases to accommodate the elevated risks to motors, pedestrians, and cyclists. Other factors leading to speed limit changes include: High rates of crashes on certain roads or interactions; Public complaints; New schools; New developments and commercial districts; More traffic lights or crosswalks; and High areas of traffic congestion. Most recently, the NYC D.O.T. reduced the speed limit on the West Side Highway from 35 to 30. The move was sparked by the rise in pedestrian accidents and cyclist fatalities across the city, in the hope to reduce the number of accidents leading to these preventable tragedies. Why Do We Have Speed Limits? Speed limits are set to warn motorists of the maximum speed you should be driving on a road or highway. These speed limits are not suggestions. Vehicles traveling over the speed limit elevate their risk of accidents and the severity of injuries sustained in a crash. Across roads nationwide, it’s far too common for drivers to frequently drive 10 to 15 miles over the speed limit, part of the reason why traffic accidents have continued to rise over the years. When authorities such as the D.O.T. enact a speed limit, they do so with the intention that all drivers will at least be going five miles over the posted limit. But drivers can rest assured- you are allowed to go slower! Avoid Speeding and Speeders Speeding-related accidents are 100 percent preventable. You can help reduce speeding accidents in your community by slowing down on the road and encouraging others to do the same. Unfortunately, not every motorist will adhere to the speed limit, no matter how often you encourage them. If you notice a driver speeding around you on the road, do not engage. The National Highway Traffic Safety Administration suggests the following safety measures drivers should be taking to avoid collisions with aggressive drivers: Let aggressive drivers pass you if you are driving in the left lane; Drive far from speeding drivers to give them plenty of room to maneuver; Try to move over safely if a speeding driver is tailgating you; Do not try to compete with a speeding driver or go slower to make them slow down; and If you believe a driver is purposely trying to harass you, call the police for assistance. New York City and Long Island Motor Vehicle Accident Attorneys There is no good excuse for speeding and putting the lives of others at risk. If you or a loved one has been injured in a traffic accident caused by a reckless driver, our winning team is here to stand up for your rights. The
