New York Injury Talk Blog

Two young men have drowned at a Staten Island public pool, according to a story by The New York Daily News. The young men were practicing breath-holding exercises that are similar to techniques used in military training. One of the men was training to be a Navy SEAL while the other was a life guard at a pool in another area. The families of the men were surprised at the drowning because both men were competent swimmers. The men were found unconscious by pool life guards in about three feet of water and pulled from the pool. They were then taken to a local hospital. One of the two men died the same day while the other died after being in a coma for several days.

According to Consumer Product Safety Commission (CPSC) statistics, there have been 48 drownings and 75 near-drowning incidents in 35 states in the U.S. between Memorial Day and the end of June this year. The CPSC is encouraging people to be vigilant near the water and observe safety rules to prevent drowning accidents.

Even when there is life guard on duty and a person is a good swimmer, accidents can still happen. Pool owners and operators have a responsibility to provide adequate safety measures and do all they can to prevent tragedies from occurring. If they do not, they can be held accountable for an injury or death that occurs on the premises. If you or a loved one has been involved in a drowning or near-drowning incident, you may be entitled to compensation. Call the Staten Island drowning accident lawyers at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 for a free consultation today.

The New York Daily News reports that the mother of a man from the Bronx is suing the hospital where her son was being treated for depression, paranoia, and being suicidal. The 30-year-old man was allowed to leave the hospital, despite being a danger to himself, and leapt off a building to his death just days after being released. According to the man’s sister, he went to the hospital because he was very depressed and needed help. He had been previously hospitalized for similar problems. The man admitted to doctors at the hospital that he was hearing voices telling him to jump off a building. Just five days before his release, he told staff that he lacked the will to live and felt nothing. Six days before being allowed to leave, two doctors said that he was a danger to himself and others. After being discharged, the man returned to his grandmother’s apartment where he had been living before being hospitalized and jumped from the roof a few days later.

The lawsuit claims that doctors could have obtained a court order to keep the man in the hospital for his own safety. The family’s lawyer says that the discharge notes in the man’s file said that “the paperwork for retention was not submitted in a timely fashion, resulting in the need to discharge the patient.” The suit also alleges that the hospital failed to register the man under Kendra’s Law, which mandates outpatient psychiatric treatment.

The Bronx medical malpractice lawyers at Wingate, Rusotti & Shapiro, LLP can help families who have suffered due to the negligence of a doctor, physician, or other medical professional or facility. Call our attorneys today at 212-986-7353 to set up an appointment to discuss your situation.

Most people who file for New York LTD benefits often wonder how long they will last. If it is determined that you have recovered from your disability, you will no longer receive benefits. If a person becomes disabled before the age of 60, long-term disability benefits may be received until a person reaches Normal Retirement Age as it is identified by the Social Security Act. If a person becomes disabled after the age of 60, disability benefits may be received for a timeframe ranging from one to five years, based on the age when the person became disabled.

A totally disabled person receives LTD benefits of 66 2/3 percent of Basic Earnings paid on a monthly basis. However, claimants (individuals who file for LTD benefits) who receive coverage under MetLife will remain at 50% of pre-disability basic monthly earnings. A partially disabled person receives LTD benefits equal to the percent of pre-disability Basic Earnings lost multiplied by the benefit which would have been payable if the member were totally disabled. However, if the partially disabled person’s earnings are lower than 20 percent of pre-disability earnings, LTD benefits will be paid as if the member was totally disabled.

A person is permitted to receive LTD benefits while they take on rehabilitative work since they will be considered partially disabled and eligible for benefits under this provision. In addition, if a person is receiving income benefits from other sources including Social Security, Workers’ Compensation, or a pension plan for the same period or for the same disability, their LTD Monthly Income Benefit will vary from the set standards outlined above. The maximum LTD benefit provided under this program is $5,000 a month and the minimum benefit is $150.

If you have any questions regarding the filing, denial, validity, or duration of your LTD benefits, a NY long-term disability attorney at Wingate, Russotti & Shapiro, LLP is ready to assist you. We will make sure that you get the coverage you deserve. Call 212-222-4336 today.

In January of this year, H&P Industries, Inc., which does business as the Triad Group of Hartland, Wisconsin issued a recall of all lots of alcohol prep pads, alcohol swabs and alcohol swabsticks. These products are packaged under a variety of labels including Triad, Safeway, Kroger, CVS, Walgreens and the Target brand Up and Up). The recall announcement was in response to a Food and Drug Administration (FDA) investigation and complaints from consumers and hospitals around the country.

The FDA is currently investigating claims by hospitals and patients that the alcohol prep pads made by Triad are contaminated with Bacillus cereus, a harmful bacterium. There have been several reports all over the United States of people contracting a serious infection after coming in contact with the wipes:

• Two young patients in a Colorado children’s hospital were being treated for unrelated medical issues when they suddenly suffered life-threatening infections;
• A 55-year-old Tennessee man required open heart surgery to replace valves in his heart that were damaged by Bacillus cereus infection;
• A Washington state child came down with an infection just after he was born that caused him severe brain damage; and
• In Houston, a 2-year-old boy died after contracting a Bacillus cereus infection.

While the patients and hospitals have pointed to the alcohol wipes as being the source of these infections, the FDA is still investigating. Recently, the FDA seized $6 million in Triad Group products and has ordered them to stop all manufacture and distribution.

If you or a loved one has been injured or killed from an infection linked to a Triad Group product or any other contaminated or defective product, you may be entitled to compensation. The skilled New York product liability lawyers at Wingate, Rusotti & Shapiro will fight against the big corporations and protect your rights. Call us at 212-222-4336 today for a free consultation.

A lot of New Yorkers may be wondering if they qualify for receiving long-term disability (LTD) benefits. Eligibility begins with how your disability is defined on a medical and legal basis.

When determining whether a person is totally or partially disabled in New York, a medical professional will take many factors into consideration. An individual is regarded as partially disabled if they are incapable of performing the material and important tasks of their occupation on a full-time basis because of sickness or accidental bodily injury, but can work on their own occupation on a part-time basis or at a different occupation on either a full- or part-time basis.

An individual is regarded as totally disabled if they are incapable of performing the standard and vital duties of their occupation because of sickness or accidental bodily injury. After receiving benefits for 24 months (2 years), a person is considered totally disabled if they are incapable of performing the duties of any occupation for which they are reasonably fitted by education, training, or experience.

Unfortunately, a person may be denied long-term disability benefits even when they have been diagnosed with a disability and are significantly struggling financially. To ensure that you receive the LTD benefits in New York that you deserve, get in touch with the New York LTD attorneys at Wingate, Russotti & Shapiro, LLP. We will protect your rights and help you obtain the benefits you need to support yourself and your family as you continue to cope with and recover from your disability.

Visit our blog again to find out more about LTD benefits in part three as we discuss LTD benefit duration and amount.

An elderly Manhattan woman was killed and her daughter injured after they were struck by a motorist rushing to get into a parking spot, according to a story in The New York Daily News. The driver of an SUV was attempting to back into a parking spot when he struck the two women walking together. Although nearby witnesses shouted for the driver to stop, he crashed into the women, throwing the older lady back and causing her massive head trauma. The younger woman suffered broken ribs. An ambulance transported both women to a local hospital, but the elderly lady’s injuries proved fatal and she died soon after arriving at the hospital. The driver of the SUV does not have a current driver’s license and was arrested. He is expected to be charged with driving with a suspended license.

According to data collected by the National Highway Traffic Safety Administration (NHTSA) in 2009, 4,092 pedestrians were killed and approximately 59,000 were injured in traffic accidents in the United States. That means that on average a pedestrian was killed every two hours and injured every nine minutes. While these numbers are sobering, fatalities have actually decreased 7 percent from 2008 and 14 percent from 2000. However, the injuries associated with pedestrian accidents are often very serious.

When injuries are caused by the negligence of a motorist, they must be held responsible for their actions. The Manhattan pedestrian injury accident lawyers at Wingate, Rusotti and Shapiro, LLP, understand the needs of our clients and will fight aggressively in the courtroom for your rights. If you or a loved one has been injured or killed by a negligent driver, contact the attorneys at Wingate, Rusotti and Shapiro, LLP, today. For a free consultation, call 212-222-4336.

According to an article in the New York Daily News, youngsters in Coney Island have been flocking to the Steeplechase Pier to exercise their inner daredevil by jumping off the pier into the sea below. Diving off the pier is prohibited and dangerous but there is no one to stop the kids from jumping. Because of budget cuts, the Parks Department who monitors the pier, has had to reduce the number of agents in the field. If agents were on hand, they could write tickets to those who jump from the pier. Unfortunately, according to union officials for the Parks Department, there are now only two officers for all of Brooklyn’s parks and beaches.

In 1992, a pair of brothers jumped from the pier and broke their necks, making them paralyzed for life. At the time there were no warnings or signs posted. They sued the city and won more than $100 million, which was lowered to $25 million on appeal. As a result of the suit, signs were posted on the pier. “If someone could’ve shown me what would happen, I wouldn’t have done what I did,” said one of the brothers, “You can ignore a sign…The city should put a guard on the pier.”

While individuals should use common sense to keep themselves safe, city organizations also have a responsibility to warn the public of danger and enforce safety regulations. If you or someone you love has been injured due to the negligence of an entity in charge of maintaining a piece of property or public land, the Brooklyn premises liability lawyers at Wingate, Russotti and Shapiro, LLP can help. Our lawyers have the experience necessary to thoroughly analyze your situation and get you the best possible outcome for your case. Call today to speak with a New York personal injury lawyer at 212-222-4336.

In our three part blog series about long term disability (LTD) benefits in New York, we will be discussing what LTD is, LTD eligibility, as well as LTD duration and amount.

Managing and coping with a disability has its ups and downs. There are significant physical, emotional, and financial challenges presented by a disability, especially if a person becomes disabled due to a work-related injury or illness and is unable to perform duties and tasks that were almost second-nature prior to the incident that caused the disability. Long-Term Disability (LTD) Insurance in New York protects qualifying active employees against losing income because of a total or partial disability.

A person is eligible to receive LTD benefits in New York if they receive regular care from a doctor who has established that they are disabled. However, under some circumstances, New York long-term disability disputes may arise if a person is denied LTD by their insurance carrier. It is an unfortunate reality that insurance companies often deny rightful LTD benefit claims to further enhance their own profits.

A New Yorker who is in fact disabled and lawfully deserving of coverage may still be denied long-term disability benefits for various reasons. If this has happened to you or someone you care about and you feel that oversight or wrongful actions are behind the denial, the New York long-term disability benefits lawyers at Wingate, Russotti & Shapiro, LLP can help. Call 212-222-4336 for a free consultation and to learn more about your legal rights.

Check back with our blog to learn more about LTD benefits in part two as we address LTD eligibility.