This
is an area of the law where there is a great deal of skepticism.
Insurance companies and defense attorneys typically argue that in
the absence of clear objective evidence such as a skull fracture or
subdural hematoma which is a brain bruise, complaints that include a
constellation of symptoms typically referred to as "post-concussion
syndrome", are in actuality malingerers.
In
fact, we do not yet have the medical technologies to objectify all
brain injury associated with head injury. The skull is a boney vault
which houses the brain which is made of a gelatinous substance. The
precise mechanism associated with death of brain cells during a head
injury and the resultant cognitive and/or physical limitation is not
yet understood. Sadly, these injuries which sometimes arise after
even minor traumas are typically misdiagnosed and under treated. The
head injury victim suffers anonymously. The head injury victim also
frequently encounters a combination of emotional responses to the
physiological trauma of the brain. There is an emotional response
associated with the inability to retrieve information clearly,
express oneself, organize one's thoughts and/or accommodate
stresses.
An
individual with TBI is typically best served by a team of physicians
including a neurologist and at some point in time a neuropsychologist
and/or psychiatrist.
AUTOMOBILE
ACCIDENTS
Under
the no-fault law, the host vehicle will pay for the reasonable
medical costs associated with one's injuries in connection with a
motor vehicle accident. It is imperative that an injured party file
an application with the appropriate no-fault carrier within 30 days
of the happening of the accident. This time limit is strictly
enforced. Additionally, because of the anti-victim prospective of
many insurance companies, to the extent people have significant
injuries and limitations, it is important that they treat early and
often and secure whatever diagnostic studies are appropriate. As a
matter of routine, in 60 to 90 days following the happening of the
accident, an individual is sent for a supposedly independent medical
exam. In fact, these supposedly independent doctors are in the
business of supporting the insurance companies and will typically
conclude that no further medical treatment is required.
Another
important issue in evaluating one's own auto insurance coverage is
to make certain you have adequate uninsured/underinsured motorist
coverage. In the unhappy scenario that you're seriously injured by
an individual who has the New York mandatory minimum of $25,000 in
coverage, if you have $100,000 in personal injury coverage and $100,000 as uninsured/underinsured coverage, in a scenario where you
have serious and substantial injuries, by virtue of letter, you can
make claim for an additional $75,000 in benefits against your own
policy. Not surprisingly, this coverage which is very cheap is
rarely brought policyholder's attention and you are typically left
with no um protection.
CONSTRUCTION
SITE ACCIDENTS
The
Labor Law and specifically §200, §240 and §241, arose in a period
of time where there were horrible fatalities associated with building
the infrastructure of this country. As a consequence, particularly
in cases where individuals fall from elevations, there are extremely
favorable pro-victim laws on the questions of liability.
Construction accidents require a practitioner with the full
understanding of the Labor Law and its implications.
SLIP
and FALL
As
a general proposition, an owner of property is responsible for
maintaining the property in a reasonably safe manner. With regard to
particular defects or dangerous conditions, the landowner, or
occupant of the premises will typically be required to be on notice
either actual or constructively of a particular defective condition.
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