Veterans Day: Freebies and Deals For Vets!

Veterans Day is a time to honor all Americans who have served in the U.S. Military; in war or in peace, alive or passed on. These brave men and women have made countless sacrifices for the freedoms we enjoy every day. Most have even put their own lives on the line.   As paramount as their service is to the safety of our country, veterans are not always cared for when they return home. According to the National Coalition of Homeless Veterans, more than 40,000 veterans are homeless on any given night. Another 1.4 million veterans are considered at-risk of being homeless for reasons including poverty, untreated mental illness, and lack of supports.   Transitioning back to life after service is not an easy fret for veterans. There are several risk factors challenging veterans when attempting to renter civilian society, including:   Years of military training non-transferable to available employment;  Shortages in affordable housing;   Poor access to health care;  High rates of Post Traumatic Stress Disorder (P.T.S.D.) and other mental illnesses;  Strained personal and family relationships from years away; and  Substance abuse.  New York City and its metropolitan areas are home to millions of U.S. veterans: 58,815 in Queens, 54,178 in Brooklyn, 38,577 in Manhattan, 37,495 in the Bronx, 21,502 on Staten Island.   For all of the countless sacrifices veterans have made, these national heroes deserve more than a simple thank you. Here are some of the local establishments and organizations reaching out to help veterans and their families next week with freebies and deals.   Free Meals (all on November 11)  Applebee’s: Veterans and active-duty military receive a free meal from a limited menu at participating Applebee’s on November 11. Dine-in only.   Chili’s Grill & Bar:: All Veterans and active-duty military personnel can get a free meal on Veteran’s Day Monday, November 11, 2019, at all participating Chili’s Grill and Bar restaurants.   Golden Corral: Military Veterans, retirees, and active-duty members are being offered a free sit-in “thank you” dinner on Monday, November 11, 2019, from 5pm -9pm.   Red Robin: Veteran’s and Active Duty Military are being offered a free dine-in Red’s Tavern Double Burger and Bottomless Steak Fries on Veteran’s Day, 11/11/2019.   Grub Burger: Veterans and active military members can get a free meal at a Grub Burger Bar location.  IHOP: All Active duty and Retired Veterans in observance of Veteran’s Day, November 11, are invited to come in to IHOP and enjoy a “free” breakfast.   Texas Road House: Veterans and active military receive a free lunch on November 11, from 11 a.m. to 4 p.m. at all Texas Roadhouse locations.   TGI Fridays:: Military guests with a valid military ID will be treated to a free lunch menu item up to $12 on November 11, from 11 a.m. to 2 p.m. These guests also will receive a $5 coupon for their next meal on Fridays.  Subway: Military Veterans with a valid ID are being offered a free six-inch sub on November 11 at select locations.    Manhattan Bagel Company: All active, former and retired military personnel with valid identification are invited to enjoy a free bagel and cream cheese at Manhattan Bagel Company’s participating locations on Veterans Day November 11.   BJs Restaurant Brewhouse: Military and Veteran’s with a valid ID are being offered a free entree up to $14.95 and a free Dr. Pepper beverage on November 11.   Houlihan’s: All military members – both active-duty and Veterans – will receive a free and complimentary meal on Veterans Day. Guests must come with proof of duty by an I.D., photo in uniform, earning receipt or any other form of proof.   California Pizza Kitchen: Veterans and active U.S. military members with proof of service have an invitation to enjoy a complimentary meal from CPK’s Veterans Day menu at all participating California Pizza Kitchen locations nationwide.   Cici’s Pizza: All active duty or retired military with a valid military ID are being offered a free pizza buffet on November 11.   Famous Dave’s: Military personnel and Veterans are being offered a free meal on November 11th at participating locations only. Proof of military service is required.   Joe’s Crab Shack: Veterans and active-duty military with valid ID will enjoy 20 percent off on November 11.   Little Caesars Pizza: Veterans and active-duty military with valid ID will receive a free $5 hot-n-ready lunch combo. On November 11, from 11am to 2pm. Please call ahead to your local Little Caesars Pizza if you have any questions about your Veteran’s Day Discount.  Logan’s Roadhouse: Veterans and active-duty military with valid proof of service will receive a free American Roadhouse Meal on Veterans Day.   Meal Discounts   Hometown Buffet (November 11, 2019): Active duty, reserve, or retired military personnel in uniform or with a valid ID receive 15% discount on Military Mondays.  Old Country Buffett (November 11, 2019): Active duty, reserve, or retired military personnel in uniform or with a valid ID receive 15% discount on Military Mondays.  Fogo De Chao (November 8-11, 2019): Veterans and active-duty personnel receive discounts on November 8-11, which includes 50% towards their meal at Fogo De Chao, in addition to up to three of their guests enjoy 10% off.   Outback (November 11, 2019): Veterans with a military ID can get a free Bloomin’ Onion and non-alcoholic beverage on November 11, and 20 percent off their check Nov. 12 to Dec. 31.   Find more information on free meals and discounts here.  Shopping Deals   BJs Wholesale (November 11, 2019): Active duty military personnel and Veterans receive discounts on November 11, 2019, at BJs wholesale, which include 30% off standard membership fees. Additional incentives like extra money off coupons are occasionally offered for new members.   The Home Depot (November 11): Veterans are being offered a 10% military discount on in-store purchases on select items. All veterans are eligible for this discount during the Veterans Day weekend.   Walgreens (November 8-11): 20% off for military, Veterans and their families. Walgreens also provides free flu shots for VA-enrolled Veterans.   Rack Room Shoes (November 11): United States Military and families with a valid ID receive

Pancreatic Cancer Awareness Month

More than 1,250 Americans are newly diagnosed with pancreatic cancer every day, an average of 56,770 per year. Pancreatic cancer is the third leading cause of cancer-related death in the United States. This aggressive disease has already surpassed breast cancer in prevalence and is predicted to surpass colon cancer rates by 2020.   Despite the advancements in medical screenings and treatments, a pancreatic cancer diagnosis is often devastating for patients and families. According to the Hirshberg Foundation for Pancreatic Cancer Research, survival rates for pancreatic cancer patients in the last 40 years have failed to improve substantially. Pancreatic cancer now has the highest mortality rate of all major cancers- only 9% survive more than five years.   With November marking National Pancreatic Cancer Awareness Month, our team at Siler & Ingber is showing our support for the cause with a special social media initiative dedicated to raising funds and awareness for an incredible charity- the Lustgarten Foundation.   The Lustgarten Foundation has been dedicated to finding a cure for pancreatic cancer for over 20 years. As the world’s largest private funder of pancreatic cancer research, the Lustgarten Foundation stands as a strong advocate for pancreatic patients and their families. Their focus on prevention, new therapies, and earlier detection has led to some of the most notable discoveries in pancreatic cancer treatment and inspired hope among those who carry the deadly diagnosis.   The Lustgarten Foundation- Dedicated To Finding A Cure   In 1998, Marc Lustgarten, Cablevision Vice Chairman, was diagnosed with pancreatic cancer. It took six months before Marc received his official diagnosis. Unfortunately, at that point, there were little to no treatment options left to save his life.   Pancreatic cancer has not always been at the forefront of cancer research. When Marc received his diagnosis more than 20 years ago, little was known about the disease and minimal funding was available for research. Noticing the gap, Marc, alongside Cablevision Chairman Charles F. Dolan and Chief Executive James L. Dolan, had a vision for a foundation that would fund the much-needed research to improve the survival rates for those diagnosed with pancreatic cancer. When Marc died tragically of the disease in 1999, the Lustgarten Foundation continued on to honor his memory with more inspiration than ever before to find a cure.   The vision of the Lustgarten Foundation was shaped by Marc’s experience and the struggles millions of patients have faced worldwide after a delayed pancreatic cancer diagnosis. Their overall mission for finding a cure stems from three areas of focus:   Funding scientific and clinical research related to pancreatic diagnosis, treatment, and prevention methods.  Providing research information and clinical support services to patients, caregivers, and individuals at high risk.  Increasing public awareness and hope for those dealing with this disease.  The Lustgarten Foundation has had a role in some of the most substantial advancements in the field of pancreatic cancer research. As a driving force, they have aided in the discovery of life-saving therapies, treatments, and screening methods. They are the only pancreatic cancer organization that contributes 100 percent of their donations directly to research to fight back against this deadly disease. But with tens of thousands of patients newly diagnosed with pancreatic cancer every year, their mission and tireless efforts are far from over.   Siler & Ingber Joins The Fight For A Cure  Supporting survivors and finding a cure for pancreatic cancer is a cause that is near and dear to the hearts of our team at Siler & Ingber. As a firm that has been personally affected by the devastating outcomes of this disease, we are proud to be joining the Lustgarten Foundation this year in their mission to raise funding for this worthy cause.   From now until the end of November, every engagement we receive on all our social media pages will equal a $1 donation to the Lustgarten Foundation. This means every ‘Like’, every ‘Follow’, every ‘Share’, or every ‘Comment,’- all $1 to pancreatic cancer research.   In addition, the Lustgarten Foundation provides a number of other ways you can join the fight against pancreatic cancer, including:   Fundraising Walks  Hosting Local Events  Volunteering   Individual Fundraising Events   Make a Donation   It only takes a few clicks to make a significant difference in the lives of a family directly impacted by pancreatic cancer. Join us this National Pancreatic Cancer Awareness Month in reaching our goal by visiting and sharing our pages on Facebook, Instagram, LinkedIn, and Twitter.   For more information on how you can get involved, visit the Lustgarten Foundation website for stories, research news, and events.  

What is the Average Settlement for a Head Injury in New York?

This page aims to help with understanding the many factors that go into head injury settlement calculations. When someone is injured in any type of accident that was caused by someone else’s negligence, they are often entitled to compensation for the damages associated with the injury. There are instances in which insurance companies and injury victims will settle outside of court, which ultimately allows victims to receive damages while not going through the convoluted trial process. Head injuries and traumatic brain injuries (TBIs) are particularly unique when it comes to the variation in settlement amounts, which is primarily due to the varying extent of head injuries and the overall unique circumstances that surround each case. The Centers for Disease Control and Prevention has conducted several TBI studies throughout recent years, and they’ve publicly stated that TBIs are a serious public health concern for the entirety of the United States. If you or a loved one has unfortunately suffered from a head or brain injury, you should contact us for a free case review so we can go over the details of your accident and better understand what’s necessary for your specific situation. How is a head injury settlement calculated? The damages in any given head injury case are going to primarily depend upon the specific injuries that were suffered and the overall harm that resulted from the specific accident. There are situations in which victims and their legal team can look at similar injury cases to help better understand their entitled damages, but there will always be unique damages that are connected to the distinctive factors associated with each case. That’s why the actual settlement calculation will always refer back to the specific case details. The following are some of the common special damages associated with head injuries: Lost earning capacity Lost wages Medical expenses (past and future) Funeral/burial expenses (wrongful death) Property damages The following are some of the common general damages associated with head injuries, which can also be referred to as non-economic losses: Pain and suffering Mental anguish and shock Embarrassment and humiliation Loss of reputation Loss of quality of life Loss of companionship/society Loss of consortium (made by a family member or spouse of the victim) Emotional distress When our team of attorneys comes across a head injury case, we’ll make sure to do all of the following in order fully calculate your settlement’s damages: Calculate special damages — This type of calculation is rather simple when it comes to damages like lost wages and medical expenses, but it gets more complicated when you have to factor in future wages and lost earning capacity. This is why it’s crucial to always keep several records of your accident and medical reports. This includes recording any type of medication that’s used to help your rehabilitation. Calculate general damages — General damages will typically amount to much more than special damages, especially with serious head injury cases. We always recommend that head injury victims keep a diary and take notes on how their pain and suffering is affecting their daily life. This type of constant data recording will help bolster the validity of these damages, which can many times be contested by insurance companies and defendants without concrete evidence. Add the damages together — The overall sum of your damages will be your claim’s value, but of course, these calculations are rather complicated and require professional assistance in order to be accurately determined. Adjusting settlement value to assist savings — There are many instances in which people must compromise the overall value of their settlement by considering the loss of expenses and risks of not going to trial. There are several factors that come into play when it comes to this type of settlement adjustment, including the example of how clearly at fault the defendant is for the causation of the accident. Recent jury verdict comparisons — One of the last things we’ll do as we calculate your head injury settlement is to conduct a thorough analysis of the settlements of other head injury cases throughout New York. Everyone else involved in a head injury case will do this same type of research, so it’s important that we are as prepared as possible when it comes to knowing the details of similar past settlements. Other Factors That Impact Settlement Value There are many factors that are important to consider when it comes to the overall value of your head/brain injury settlement, including the following: Liability — When a case can clearly distinguish who is liable for the accident’s occurrence, it will ultimately result in higher settlement values, as opposed to cases where liability can be disputed. Multiple tortfeasors — When there are multiple people who are liable for the causation of a victim’s injury, and each tortfeasor has different insurance representation, then there can be some issues in terms of determining how much each liable party should pay the victim. Plaintiff characteristics — This includes information like the plaintiff’s occupation, age, prior medical history and likeability, which can all have effects on the overall settlement value. Location of the case — This refers to the actual venue of the trial or settlement process because some jurisdictions will be more conservative than others when it comes to settlement values. Insurance adjusters will undoubtedly have this type of information in mind just in case a trial occurs. Defendant’s egregiousness — This refers to punitive damages that are utilized in order to punish a defendant for their dangerous conduct. The odds are that you’ll not be adding punitive damages to the overall value of your settlement, but you’ll maybe use the potential for punitive damages as a source of leverage so you can lessen the number of adjustments to the overall settlement value. Damages mitigation — It’s the plaintiff’s responsibility to mitigate or reduce their damages to their utmost ability if it’s at all possible. This means you’ll need to keep up with your injury rehabilitation, medical visits and much more. Should

New York Car Seat & Booster Seat Laws

Protecting New York’s youth is a primary concern for everyone, and on this page, we’ll discuss the laws you need to know about and other safety tips. It’s a very unfortunate reality that there are over 136,000 ER visits each year in the state of New York as a result of motor vehicle accidents, and there are many instances in which children are seriously injured in car accidents due to their lack of proper restraint. This is why the state of New York has established a whole array of very strict specifications for the child car seat and booster seat systems through the Federal Motor Vehicles Safety Standard 213, but there are many other laws that New York parents and caregivers must know about. On this page we’re going to go over the important facets of New York’s child safety seat laws, and always feel free to contact us for a free case review if you have any further questions about these laws and how they may have played a role in a car accident that you or your loved ones were involved in. New York Car Seat Laws One of the more recent changes to New York’s child safety laws is that the state now requires all children eight and younger to always wear a safety restraint that meets the child’s specific weight and height requirements. There’s no doubt about it that New York is one of the pioneering states throughout the country when it comes to child car safety, and the following are some of the important laws all parents and caregivers need to know about: Starting on November 1, 2019, all children two years old and younger must utilize rear-facing car seats, until they exceed the car seat manufacturer’s weight and height suggestions. When a child is either two years of age or exceeds the manufacturer’s suggestions, the child can then use a forward-facing car seat. After the child turns four and the child exceeds the manufacturer’s height and weight requirements, he/she may use a booster seat that has chest and shoulder straps. A newer law established in 2017 states that all New York taxis must also comply with the above child safety laws. Public buses are exempt from the above laws. It’s not a requirement, but state authorities have made strong suggestions to parents to keep their children in the back seat until they reach twelve years old. The U.S. Centers for Disease and Prevention has a great resource page that helps parents better understand what they can do to ensure they’re using car and booster seats correctly. There is also another great article within the New York State website that all parents and caregivers should take a look at, so there are a lot of online resources when it comes to child passenger safety. The Different Types of Child Safety Seats The CDC’s recent study indicated that about 46% of all car and booster seats are improperly installed or used, which is a serious concern for all parents. Every parent and caregiver should know that the seat must firmly fit within the vehicle and that the seat must adhere to the child’s age and size requirements. It’s important to understand the differences between the different types of child safety seats, so here is a brief list of seats that will help you choose the right type for your child: Infant Seats This child safety seat is typically used for infants that weigh below 22 pounds and are less than 25 inches in length, and these seats must always be rear-facing. A lot of infant seats are also carriers because they can be easily removed from the base that’s secured via a seat belt. Convertible Child Seats These seats are typically used for toddlers under 40 pounds, and these seats should also always be rear-facing unless the child is over two years old and meets certain height and weight requirements. It’s important that all parents and caregivers strictly follow the directions given by any car seat manufacturer because as the child gets older it will be important to keep these rules in mind to ensure the child is properly secured and restrained. There are many convertible child seats that can safely hold children that weigh up to 60 pounds, which is great for parents who are looking to save some money by getting a car seat that will be adequately safe for many years. New York Booster Seat Laws When children are too large to fit in convertible or infant seats they then will graduate to a booster seat that utilizes both lap and shoulder belts. Booster seats are typically designed for children between the ages of 4 and 8, or 40 to 80 pounds. The maximum height associated with booster seats is usually 4 feet 9 inches. Booster seats should be utilized until the child can safely fit into an adult seat belt without the booster seat’s support, which sometimes means children will use booster seats until they’re about 12 years old. It’s crucial that parents always ensure that their child’s booster seat is properly installed and safely secured before every car ride. Built-In Vehicle Child Seats There are some car models that come equipped with forward-facing child safety seats, but the main issue with these seats is that the height and weight limits will always vary between manufacturers. If you are interested in using one of these seats, you should always look into your car’s manual to determine whether or not your child meets the weight and height recommendations. Infants should never be placed in built-in vehicle child seats. Safety Tips for Parents and Caregivers There are many things that you can personally do to help keep children safe on New York’s roadways, including the following: Although it’s not illegal in New York, you should never let a child ride in a car or booster seat in the front seat near an airbag, because airbags have been known to lead to many serious/fatal

Why Long-Haul Truckers Are At Higher Risk of Motor Vehicle Accidents

Commercial truck driving is becoming one of the most dangerous occupations in the country. According to the Center for Disease Control and Prevention (C.D.C.), trucking accidents are the leading cause of occupational death for truck drivers above all other risks and health conditions. More than 1 in 3 long-haul truck drivers have experienced a serious accident during their career, many resulting in fatalities of others who share the road. Accident Trends In the Trucking Industry In a 10-year study by the National Highway Traffic Safety Administration (N.H.T.S.A.), researchers found the following trends to illustrate a growing prevalence of serious and fatal accidents involving large trucks on American roads:  1 out of 4 fatal trucking accidents occurred on interstates.  58% of fatal trucking accidents occurred in rural areas.  78% of fatal trucking accidents occurred on weekdays.  Fatalities in large trucking accidents increased 9% from 2016 to 2017, a difference of 406 deaths.  Fatalities in large trucking accidents increased 12% from 2008 to 2017, a difference of 568 deaths.  Trucking fatalities dramatically dropped in 2009 to 3,380 deaths but have been rising ever since.  32% of fatal trucking accidents occurred in head-on collisions.  21% of fatal trucking accidents occurred when other vehicles rear-ended a large truck.  Large trucks are rear-ended 3 times more often than other vehicles.  Drivers of large trucks have a higher percentage of recorded crashes than any other motor vehicle. When large trucks are involved in an accident, the damages are often catastrophic. Long-haul trucks, or large trucks, are massive vehicles weighing over 10,000 pounds. Some loaded vehicles can exceed 35,000 pounds. In these cases, pedestrian vehicles often don’t stand a chance upon impact. In 2017, the N.H.T.S.A. reported 4,761 fatalities and over 115,000 injuries related to large trucking accidents. Truck drivers accounted for 841 deaths and over 30,000 injuries; the remainder of people injured and killed were pedestrians or occupants of other motor vehicles in the crash. Risks That Lead To Trucking Accidents Long-haul truck drivers face far more risks on the road than other motorists. The weight and size of their vehicles alone can cause difficulty maneuvering around road hazards such as construction, congestion, inclement weather (ice and snow), or pedestrians that enter the roadways. It takes a truck about 390 feet to come to a complete stop going at moderate speeds with working brakes. There are two categories of risk factors facing truck drivers that increase their chances for motor vehicle accidents: direct (risks they have control over) and indirect (risks they have little control over). Direct Risks Intoxicated Driving: At least 3 percent of truck drivers involved in fatal accidents had a Blood Alcohol Content (B.A.C.) over the legal limit. Drunk driving diminishes a driver’s ability to operate their vehicle safely with all motor vehicles. However, trucks can cause more damage when things go wrong. Distracted Driving: Long-haul truck drivers can be more likely to participate in distractive driving behaviors as they spend most of their day behind the wheel. Eating meals, talking on the phone, or daydreaming may become second nature while driving, but their risk for accidents remains the same. Fatigued Driving: Fatigued driving is both a direct and indirect risk of truck driving. Truck drivers have a responsibility to know when they are too tired to drive, regardless of the demands of their job. Drivers who neglect to rest can put others in danger by falling asleep at the wheel or missing hazards in the road. No Seatbelts: The C.D.C. reports of all truck drivers killed, over one-third were not wearing a seat belt at the time of the accident. Seatbelt reduce your risk of injuries by up 50 percent and death by up to 45 percent. Speeding: More than 21 percent of large-truck drivers involved in fatal crashes had at least one previous speeding violation. Speeding is known for increasing traffic accidents, particularly in large trucks that take more time to react to road hazards. Indirect Risks – Driver Shortage: The trucking industry is experiencing a driver shortage that is putting more stress on drivers and trucking companies. Less drivers mean more work for employees and less rest. More Trucks: In the last few years, the number of registered long-haul trucks has immensely increased, even though the number of drivers has decreased. The more vehicles there are to share the road, the more chances there are for accidents to occur. Overnight Hours: Drivers who have strict deadlines often drive through the night to meet them. Driving at night increases their risks for accidents and encountering other fatigued, distracted, or intoxicated drivers on the roads. Longer Trips: Truck drivers in the industry are driving longer distances to meet the growing economic demands. Drivers may be on the road anywhere between 10 to 16 hours a day. A study published in U.S. Library of Medicine found drivers who average 13 hours of driving a day are only getting about 3.83 hours of sleep a night. Fatigued Driving: The indirect risk of fatigue affecting truck drivers is caused by all factors listed above. The overnight hours, long distance drives, and frequent work can all lead to dangerous levels sleep deprivation and fatigue. Trucking Accidents in NYC Nearly 1,400 vehicles were involved in fatal trucking accidents in New York State in 2017, resulting in 121 fatalities. Of this amount, only 115 of the vehicles were large trucks, and 13 of the deaths were truckers. These tragic statistics show the true devastation one large truck can cause in a single accident. Large truck drivers have a critical responsibility to operate their vehicles with care on New York roadways, regardless of the indirect consequences of the industry. How To Prevent Trucking Accidents When a truck loses control, it’s too late to prevent the disaster that will unfold. Truck drivers should always follow safe driving behaviors every minute they are behind the wheel. These behaviors include: Driving sober; Pulling over to rest if you experience symptoms of fatigue; Reducing distractions, such as cellphone use, to stay alert

Flu Season 2019: What You Need To Know

American health officials are issuing stern warnings to be prepared for the possibility of a deadly flu season.   According to news reports, California and Louisiana have already experienced an uptick in influenza only a few weeks into the season. Some areas have seen triple the number of confirmed cases than this time last year. Several people have already died of flu-related complications; sadly, one death was a healthy child who had just returned home from overseas.   Now is the time for New Yorkers to protect their family from the flu, while most of the country is still seeing levels of “low” flu activity. Know the facts, know the symptoms, and take every precaution you can to reduce your chances of getting the flu and the onset of life-threatening side effects.  Flu Trends Across The U.S.   The final statistics on last season’s flu burdens are set to be released later this fall. But so far, the estimates are concerning.  The Center for Disease Control and Prevention (C.D.C.) estimates up to 42.9 million cases of influenza were confirmed in the United States from October 1, 2018, to May 4, 2019. Approximately 20.1 million patients were seen for flu symptoms, 647,000 were hospitalized, and more than 61,000 people died of flu-related complications.   Predictions for the upcoming 2019 to 2020 season are often made from examining the statistical trends from Australia’s flu season, which runs from June to September. In 2017, Australia experienced its worst flu epidemic in 20-years, resulting in 745 deaths, according to  The New York Times. Tabloids across Europe nicknamed the virus the “killer Aussie flu,” which preceded the death of more than 79,000 Americans from a similar virus only a few months later.   So far, Australian health experts are reporting one of the worst flu seasons on record, possibly exceeding the devastating results of 2017. These are some of the key findings:  There was an early onset of the virus than in previous seasons;  272,146 cases were confirmed by the end of the first week of September;  662 deaths have been reported to date; and  Most patients diagnosed suffered from the H3N2, the same strain as the 2017 Australian and U.S. outbreak, and a strain of the flu that historically results in more hospitalizations.   These are only the statistics that were reported immediately following the end of Australia’s flu season. Health officials report it will take months to determine if this year was truly worse than 2017. But with the numbers already elevated, the United States should be on high alert.   Flu Trends In New York State  New York State has seen 187 cases of the flu to date this season, up from 121 at the same time last year. The New York State Flu Tracker breaks down the numbers by county in the following regions:   New York City: 39  Long Island: 14  Metro: 16  Central: 17  Western: 11  Capital District: 3  Reports show that the majority of patients diagnosed to date contracted Influenza Type A (61). The remainder of patients contracted Influenza Type B (37) or an unspecified strain (2). This pattern falls in line with Australia’s trends so far, as H3N2 is a form of Influenza Type A and was the predominant strain this season.   How To Stay Safe  Regardless of how bad this year’s flu season will be, the health recommendations for prevention remain the same. New Yorkers can significantly reduce their chances of getting the flu by taking action early to protect themselves from contracting and spreading this deadly virus.  The C.D.C. provides the following recommendations to help keep families safe:  Vaccinations   Getting a flu shot is your first fight against reducing life-threatening symptoms caused by the flu. Health experts encourage all individuals (6-months and older) to get the flu shot as soon as possible. Rare exceptions do apply, so ask your doctor before getting any vaccines this year to make sure it is safe.   Options this season include:  Standard dose flu shots.   High-dose shots for people 65 years and older.  Shots made with adjuvant for people 65 years and older.  Shots made with viruses grown in cell culture. No eggs are involved in the production of this vaccine.  Shots made using a vaccine production technology (recombinant vaccine) that does not require the use of flu virus.  Live attenuated influenza vaccine (LAIV). – A vaccine made with an attenuated live virus that is given by a nasal spray vaccine.  Not all flu shots are equal. Patients should consult with their doctor regarding which flu shot is best for their health.  Preventive Steps  Practice healthy habits to prevent the spread of the flu virus if someone in your family brings it home. These steps include:   Avoiding contact with people who are sick;   Staying home if you are sick;   Covering your mouth and nose when sneezing or coughing;   Washing your hands frequently;  Not touching your mouth, nose, or eyes, where germs can most easily spread; and Cleaning, disinfecting and wiping down surfaces frequently to kill germs before they strike.   Treatment  Health experts advise contacting your health care provider before seeking medical treatment for the flu. If you have mild symptoms, you may not require treatment or anti-viral drugs. However, going to the doctor as soon as you think you have the flu could spread the virus to others in high-risk groups.   If you are in a high-risk group, or are very sick and are worried about your symptoms, you most likely will need medical treatment aside from rest at home. Still, call your doctor right away for the best advice on where to go and how to be treated safely.   Know The Signs  Monitor early signs of the flu to make sure you are staying on top of the virus. Common flu symptoms to watch for include:   feeling feverish/chills  cough  sore throat  runny or stuffy nose  muscle or body aches  headaches  fatigue   For more guidance on what to do to prevent or treat the flu, visit the C.D.C.’s “Flu View” for useful tips, information, and updated reports

What Is Personal Injury Protection?

When you are the victim of a car accident, there is a multitude of damages you may incur that all come with a price tag. Between medical services for physical injuries and extensive vehicle repairs, the expense of getting into an accident is often more than drivers can afford. If your accident was caused by the negligence of another motorist or resulted in a catastrophic injury, the stress can become even more overwhelming.  Personal Injury Protection is a type of car insurance designed to take some of the financial burdens off of an individual after a crash. Also referred to as “no-fault” insurance, Personal Injury Protection plans pay out benefits promptly to drivers, regardless of who was at fault for the accident, in three areas: medical expenses, economic losses, and death benefits.   In New York State, all drivers are required to purchase a minimum amount of Personal Injury Protection for every registered vehicle on the road. These plans will not cover all of your expenses after an accident, but knowing which ones they do can help drivers start their recovery first and then determine which damages fall outside of their insurance claim.   The Benefits of P.I.P.  Regardless of who causes your car accident, Personal Injury Protection (P.I.P.), will help pay certain expenses for the driver and passengers involved in a motor vehicle accident. These no-fault benefits kick indirectly after an accident occurs and does not require injury victims to wait until liability for the damages is determined.   P.I.P. policies were first introduced in the United States back in 1970. According to the Insurance Information Institute, the idea behind P.I.P. was to simplify the claims process by eliminating the need for proving fault after a crash. This kept the small claims out of court by allowing drivers to file directly with their insurance companies. It also allowed insurance companies to lower their costs to their customers.   Injury victims benefit from P.I.P. by not having to wait for critical medical treatment based on their financial ability. Rather than shelling out funds for medical services that may not be awarded back, drivers can feel more at ease in seeking medical treatment when they need it rather than when they receive their benefits.   New York State is one of 16 states across the country that requires their drivers to purchase P.I.P.; it’s not available in all states. Other than the states which mandate P.I.P. for drivers, only six others (including Washington D.C.) provide the option to enroll.   What Costs Does PIP Cover  P.I.P. focuses on supporting accident victims with financial costs associated with medical services, income loss, and other reasonable and necessary expenses after an accident. Examples of these expenses include:   health insurance deductibles;  loss of employment income as a result of the injury from the accident;  expenses for medical services outside of the health insurance coverage;  essential services affected by your injury (childcare, cleaning, transportation);   funeral expenses.   P.I.P. will cover the victim of a car accident if they are the driver, passenger, or even a pedestrian that is struck by a motor vehicle. It can also apply if you are injured as a passenger in someone else’s vehicle with an active NYS P.I.P. plan.   P.I.P. does not cover expenses related to property and vehicle damage, or vehicle theft sustained in an accident. It also does not cover medical expenses that exceed your coverage limits. For these types of damages in cases of negligence and wrongdoing, accident victims may benefit from contacting a personal injury attorney to see if they qualify for additional compensation from their accident.   How Much Does P.I.P. Cover in NYS  Basic P.I.P. policies cover economic losses up to $50,000 per person. Examples of basic coverage required for a minimum auto insurance purchase listed under New York State Insurance Laws include:   expenses related to medical and rehabilitation expenses (in accordance with established fee schedules);  up to 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident; subject to statutory offsets for New York State disability, Worker’s Compensation, and Federal Social Security disability benefits;  up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses, (e.g., household help, and transportation expenses to/from medical treatment) resulting from the auto accident; and  a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person eligible for No-Fault benefits who is killed in a motor vehicle accident.  The monetary coverage an individual is rewarded after an accident will differ based on the level of P.I.P. a driver purchases. In most cases, individuals and families are negatively affected financially in multiple areas of their life after an accident. Before choosing a P.I.P. plan, it may be helpful for drivers to compare the benefits with their health insurance to fill any gaps in coverage.   Is P.I.P. Different from Medical Payment Coverage  New York motorists can often confuse P.I.P. and medical payment coverage; these are two separate plans. Where drivers in NY are required to purchase a minimum amount of P.I.P., medical payment coverage is an additional policy to help pay for medical expenses outside of your P.I.P. benefits.   Medical payment coverage is not as comprehensive as P.I.P. This insurance only covers medical expenses associated with a car accident including, doctors’ visits, scans, surgery, and more.   How Drivers Can Become Ineligible for P.I.P. Benefits   The benefits of P.I.P. are not guaranteed. Though no-fault policies will cover car accident victims regardless of whether or not they caused the accident, there are a few exceptions that can make a driver or passenger ineligible to receive benefits from a policy. These situations stated by NYS.gov include:   driving while intoxicated or impaired by the use of a drug that contributes to the accident, except for emergency health-related services performed in a general hospital or by an ambulance worker outside of a general hospital;  intentionally

Laser Hair Removal: You Could Lose More Than Hair!

Laser hair removal has continued to grow in popularity over the last few decades, especially across New York City and Long Island, where the beaches are a popular attraction. Both men and women are opting for removing unwanted body hair with the use of a laser instead of plucking, shaving, or waxing. Unfortunately, when this treatment is performed improperly, permanent damage and serious injuries can occur.   The Dangers of Laser Hair Removal   According to a study published by JAMA Network, laser hair removal was the most commonly litigated case among injuries caused by laser procedures from 1985 to 2012. New York was the second-highest state for injuries related to laser procedures, including applications such as laser tattoo removal, laser surgery, and other aesthetic procedures such as wrinkle or vein removal.   Burns made up nearly 50% of all laser injuries reported in the study. Burn injuries included both second and third-degree burns, as well as full-thickness necrosis, also known as death of the skin cells and living tissue.   The increasing rate of lawsuits piling up against companies and technicians who perform laser hair removal is occurring for several reasons, some including:   Non-Medical Facilities   A lack of comprehensive federal regulations governing who is qualified to operate a laser is leading to preventable injuries. In medical applications involving lasers, such as surgery, not just anyone can use this equipment. These procedures are performed by licensed surgeons who have spent over a decade in education programs to grow and practice their surgical techniques. Laser hair removal, however, is considered an aesthetic procedure, even though the lasers used can still pose serious safety risks to clients. Lax oversight in this area is allowing salons, spas, and other non-medical facilities to offer laser hair removal services without having a physician present to supervise staff who may be unqualified to perform these procedures.   Poorly Trained Staff  A study by Reuters in 2014 found that over 40 percent of legal cases claiming injuries from hair or scar removal involved someone other than a physician who used the laser. Employees who work in non-medical facilities providing laser hair removal may not be properly trained to prevent errors leading to injuries. Holding a laser too long in one place, using the wrong laser, or setting the laser on a higher setting than needed, are all common mistakes poorly trained technicians can make that could pose a risk of bodily harm to customers.   Mistreatment of Sensitive Skin  Laser hair removal is often performed on areas of the body where the skin is more sensitive and prone to irritation. Chins, faces, upper lip areas, underarms, and bikini areas are the most popular areas of sensitive skin treated at an elevated risk for injury. It takes a highly trained technician to properly treat these areas with a laser to avoid injuries such as burns, blisters, and scarring.   Defective Equipment   Lasers are expensive, and not easy to replace when maintenance issues occur. Non-medical facilities are more likely to use damaged and defective equipment to save on costs than purchase upgrades that could reduce injuries for clients. Burns are the most common injury reported from defective equipment, followed by scarring and pigment changes.   Poor or Lack of Care Instructions  After laser hair removal is performed, a physician or trained technician is responsible for providing after-care instructions, including applying creams and ointments to affected areas and when to avoid sunlight. Without proper care instructions, clients are left at the risk of scarring and infection, a particularly devastating effect on areas such as the face.   The Most Common Injuries  Lasers are extremely powerful pieces of equipment that can cause a range of painful side-effects and injuries when misused. Medical News Today highlights the following as the most common injuries sustained from laser hair removal procedures:   Eye Injuries: One of the most serious injuries sustained during laser hair removal is eye damage. When lasers come in direct contact with the eyes, a client can experience temporary or even permanent eye damage depending on the severity of the exposure.  Burns and Blisters: Lasers are hot beams of light that can cause the skin to burn and blister. Second and even third-degree burns can occur if the laser becomes hot enough to damage past multiple layers of the skin. Painful blisters can also increase a client’s risk of infection if they open.   Scars: Scarring from laser hair removal may result from injuries such as blisters, burns, infections, or skin crust, but can also appear when the treated areas are not properly cared for by a technician after the procedure.   Skin Infections: Damaged hair follicles can increase a person’s risk of infection if small open wounds develop after a procedure. Infections that spiral out of control can lead to fatal conditions such as sepsis in severe cases.   Skin Crusting: Laser hair removal can lead to skin crust, a condition involving a thick, dead layer of skin the area treated by the laser. Scabbing can follow if the crust is removed, also leading to the possibility of scarring.   Redness and Irritation: Redness and mild irritation is expected after a procedure. Prolonged redness and irritation can occur when the hair follicles react poorly to the laser. Skin can feel tender, tingly, or even swell.   Change In Pigments: Changes in skin pigmentation is a condition that is more annoying than painful, but still an unwanted side effect. The area where laser hair removal is performed can appear lighter or darker compared to the rest of your skin tone. This effect can be temporary or permanent, depending on the case.   Laser Hair Removal Q&A  Laser hair removal is not for everyone, and professionals who perform these procedures are not all equal. If you are considering laser hair removal, this is what you need to know before you go under the laser:   How Does Laser Hair Removal Cause Injuries?  As described by Mayo Clinic, laser hair removal is a procedure that uses a concentrated beam of light to remove unwanted hair. The light is converted

Uptick In NYC Bicycle Fatalities Continues

New York City bicyclists are fighting for their lives on the road. Last week, NYC saw its 22nd bicycle fatality of the year. According to Daily News, Mario Valnzuela, a 14-year-old from Queens, was riding his bike on Borden Avenue on Saturday when a Mack truck fatally struck him while making a right-hand turn. The Transportation Alternatives’ Deputy Director Ellen McDermott stated the crash was a “blatant criminal violation of the Right of Way law.” Unfortunately, these types of unnecessary tragedies keep occurring. Over 460,000 cyclists in NYC are putting their safety at risk every day. While drivers are hoping to make it home on time, cyclists are hoping to make it home at all. This level of fear in a society booming with innovative technology and design is entirely unacceptable. Bicycle riders in NYC should not have to fear for their lives. All New Yorkers can do their part to prevent bicycle accidents by understanding why bicycle fatalities occur, knowing how to share the roads, and what changes they can advocate for in their community to make streets safer for cyclists. Cycling Accident Trends in NYC In 2018, NYC recorded 10 bicycle fatalities in the entire year compared to the 22 cyclist fatalities we’ve seen so far in 2019. From aggressive and inattentive drivers to an insufficient number of bike lanes, bicycle riders in NYC are struggling to stay safe on their daily commutes. These are some of the most common factors contributing to accidents: Driver Inattention:Whether they are distracted, fatigued, intoxicated, or other, most bicycle accidents occur when drivers are not looking at the road. Motorists are making turns and changing lanes without thinking about checking for bikers and as a result, causing catastrophic accidents to occur when a rider appears. Drivers Who Don’t Respect Bicycles:Some drivers are well aware that a bicyclist is sharing the road, but don’t believe they should be. Aggressive drivers who are making risky maneuvers to get to their destination may drive recklessly around a cyclist they believe is slowing them down. Speeding is one of the most deadly aggressive driving behaviors on the road leading to bicycle fatalities. When drivers are speeding, they are less likely to see a cyclist in time to stop. On-Street Parking:According to StreetsBlog there are up to 4.4 million on-street parking spots that drivers fight for in NYC every day. Cyclists are often forced to dodge parking cars and people who are entering and exiting their vehicles. Dooring is a common accident that occurs when someone opens a car door into the path of a cyclist, resulting in serious impact injuries and sometimes causing the cyclist to veer into fast-moving traffic. Lack of Bike Lanes:There is no denying that more bike lanes have begun to pop up around NYC, but the number is not nearly enough. NPRreports NYC has built an average of 62 miles of bike lanes each year over the past several years. However, when considering that the city has more than 6,000 miles of streets, this means only 1 in 5 includes a bike lane. Lack of Protected Bike Lanes:Not all bike lanes are equal. Bike lanes that do not have protective barriers, such as concrete, planters, or curbs, leave cyclists vulnerable to vehicle accidents. Unfortunately, most of the bike lanes created in NYC are not protected, only painted. Cars can easily cross over into these green lanes, posing a risk to cyclists. Some cars even park in these lanes requiring bicycles to swerve into traffic to avoid a crash. Introduction of Dockless Bikes:Hundreds of dockless bikes popped up across the city this summer that threw road traffic for a loop. NYC was already ill-equipped to accommodate the increase in daily bikers hitting the road. Now, hundreds of new, sometimes first time riders, fill the streets on any given day. More Cars:Another reason why bicyclists find it hard to share the road is that more cars than ever are occupying the space. According to amNewYork, New Yorkers are turning more to ride-sharing options and personal vehicles than mass transit. More cars on the road only increase the chance for bicycle accidents to occur. Bicycle Fatalities Across America NYC is not the only U.S. city struggling with an increase in bicycle fatalities. In 2017, the National Highway Transportation Safety Administration (N.H.T.S.A.) reported 783 cyclist deaths across the country. While other traffic fatality statistics have decreased, bicycle fatalities have increased by 25 percent since 2010, and were up 10 percent in 2018 alone. The push to encourage Americans to bike more and drive less is one of the biggest contributors to why cycling fatalities are spinning out of control. As more bikers hit the road, cities are realizing how poorly their streets are designed to accommodate the influx of bicycle traffic. The majority of U.S. streets are designed to be car-friendly. Biking is a healthier and more environmentally-friendly mode of transportation for Americans, but without making significant changes, unnecessary cycling fatalities will continue to rise. Safety Advocates Demand Change Cycling is the future of NYC, and bicycle enthusiasts are demanding change. This past July, over 1,000 cyclists staged a “die-in” in Washington Square Park. The protest was to raise awareness regarding the growing number of bicycle fatalities in the city and to encourage drivers to share the roads. Other safety groups are taking a more direct approach to improve road safety for cyclists by suggesting policy and infrastructure changes. According to StreetsBlog, leaders of 13 street safety groups led by Transportation Alternatives made the following requests from the city this summer: 100 miles of protected bike lanes in two years; Bike only traffic on some key routes; Lower speed limits; Less engagement with community boards; and Fewer delays in life-saving street redesigns. Some of the largest concerns addressed by the groups referred to bike lanes, particularly gaps in protected lanes and the lack of protection on painted lanes. Bikers are finding it increasingly dangerous to reenter traffic when a protected bike lane ends, as passing

Average Car Accident Settlement in New York

Click Here To Calculate Settlement It’s always a natural reaction to think about your potential settlement expectations when you’ve sustained any kind of injury as a result of a car crash, but deciphering the exact value of any given car accident settlement is a lot more complicated than most people would think. There are several damages and factors that come into play when determining the value of any personal injury settlement, including the following: The severity of the sustained injuries The determined value of property damage Medical expenses Lost wages Pain and suffering The recklessness of the negligent driver Wrongful death And much more… There are many situations in which a car accident settlement’s value is determined by the general sympathy a plaintiff receives from a jury, which is where our team of personal injury specialists comes in to help clearly demonstrate your claim’s value by showcasing how any given negligent driver significantly impacted your life. New York’s No Fault and Comparative Negligence Rules New York is one of the only states that follow “no fault” insurance and accident compensation laws, which essentially means that you’ll have to initially go through your own insurance provider to file a claim for your injuries that result from a car accident. But there are certain circumstances that allow car accident victims to file a claim against another negligent driver’s insurance company, and even a lawsuit if necessary. Some of these circumstances include the following: Significant disfigurement Broken bones Permanent impairment of a limb or body organ Significant limitation of a body’s system or functionality Full disability for 90 days or more Any of these additional claims against a negligent driver usually will lead to more non-economic damages claims, but in order to be successful on these added claims the plaintiff will be required to prove the other driver’s level of culpability. This is because New York is a “pure comparative negligence” state, which essentially means that a jury or judge will always be comparing and calculating percentages of fault when a car accident case goes to trial. So, it’s crucial that all New Yorkers fully understand the fundamental process that goes into the establishment of a car accident settlement before understanding the overall factors that affect a settlement’s value, which we’ll discuss further below. Factors that Affect a Car Accident Settlement’s Value All car accident settlements that go to trial will consider both economic and non-economic damages, and sometimes a plaintiff will receive punitive damages as well. Punitive damages are viable when the negligent driver who caused the plaintiff’s injuries acted in such a reckless manner that they showed complete disregard for the plaintiff’s safety. Determining the average car accident settlement in New York is by no means easy, but we can fully acknowledge that the following questions are the bare minimum that a judge or jury will ask while deciphering a settlement’s value: Which party caused the accident? This may seem obvious to a plaintiff, but it’s important to remember the fact that New York is a state that follows pure comparative negligence laws. A judge or jury can ultimately reduce your settlement value by a certain percentage of blame that they say was your contribution to the accident’s occurrence. What is the exact amount of damage to your property? This will pretty much refer to the repair or replacement costs for your vehicle, as well as any personal items inside your car at the time of the crash. What are your medical costs? Your medical costs will literally mean everything that was associated with your car accident. This commonly includes an ambulance ride, doctor/surgeon fees, adaptive equipment, prescriptions, physical therapy and much more. What is the severity of your injuries? The amount of your settlement will largely depend upon how severe your injuries are, and if you’ve unfortunately suffered any kind of permanent injuries then you can expect to see a much larger value. Minor injuries typically will receive less, but there are some exceptions to this like chronic pain that requires long-term medical treatment. How much medical treatment is required? This is where it’s important to have a medical expert help your case by speaking on your behalf, because there are so many variables that come into play when it comes to the amount and overall length of medical treatment that’s necessary after a car accident. Sometimes a victim will only need to see a doctor a few times, while others have to undergo care for their whole lives. What are the monetary limits on the other party’s insurance policy? There are many instances in which an insurance company will claim that they don’t have the funds to pay the rightful settlement that you deserve, which is why all of our car accident specialists are trained and experienced in uncovering additional revenue sources that insurance companies typically don’t disclose. What treatments did you receive? There is a stigma that insurance companies will try to decipher what types of medical treatments are necessary, and what aren’t. This is particularly important when it comes to chiropractic care and other alternative medical practices. These are just some of the important factors that are associated with deciphering a car accident’s settlement value, and when you contact us for a free case review we’ll be able to delve deeper into the finer details of your case. Average Car Accident Settlement Amounts As you’ve probably gathered from the information within this page, it’s very misleading and almost impossible to calculate the average car accident settlement in New York because cases vary dramatically due to all sorts of significant factors. Over the past 20+ years, our team has been able to secure tens of millions of dollars in car accident settlements, including the following examples: $10,000,000 when an ambulance passenger was struck by an 18-wheeler and ended up losing two limbs $3,100,000 in a car accident in which a commercial vehicle rear-ended one of our clients, which required her to get a lumbar fusion surgical procedure