Cell Phones and car accidents

Cell phones have been on the market now for over 25 years. There are over 139 million cell phone subscribers in the U.S. and the number is growing as children began using them.

The use of cell phones and the act of texting while driving has had a major impact on car accidents across the country. While teenagers are the main culprits here, adult drivers also share in driving while distracted by using their cell phones.

Some scary facts to think about the next time you get in your car: more than 65 percent of teenagers who get behind the wheel to drive are using their cell phones as they navigate. Every year more than 25 percent of all fatal car crashes that involved teenage drivers between the ages of 16 and 21 were because of cell phone use while driving.

As if driving while trying to talk on a cell phone is enough of a distraction, teenagers are now texting while driving. Speaking on a phone is one thing but trying to safely use the text message feature on your phone while trying to drive is nearly impossible. You cannot type on a cell phone without taking your eyes off the road, and oftentimes it only takes a second for something unexpected to pop up that will cause an automobile accident.

It even seems that as the technology and added features of the cell phones improve, the distraction level increases. You can now watch television on your cell phone, which is a great feature to have but it may be too tempting for teenagers who do not have that much experience driving to begin with.

And it is not to say that adults are not talking on their cell phones as they drive because they certainly are. Many do realize the risk and have voluntarily incorporated the use of headsets into their driving routine. Distraction from cell phone use is a serious issue and many states are getting involved to prevent any further tragedies that could be prevented.

As of July 2009 there are six states that have completely banned the use of handheld cell phones while driving: California, Connecticut, New Jersey, New York, Oregon and Washington. It is also against the law to drive while using a handheld cell phone in the District of Columbia and the Virgin Islands. And 20 states have passed laws that make it illegal to text someone on your cell phone while driving.

In order to file a personal injury claim from injuries that have resulted from an automobile accident you must be able to prove that the accident was caused by the negligence of the other party involved. Distractions from the use of a cell phone and or text messaging while driving are a major form of distraction and a simple act of negligence that could be so easily prevented.

If you have suffered medical injuries, loss of wages, pain and suffering and even the loss of a loved one at the hands of a distracted cell phone user, please contact our law firm at 1-914-288-9595 and we can help you receive the compensation that you deserve. Gaines, Gruner, Ponzini & Novick, LLP

Terms Often Used in Personal Injury and Medical Malpractice Cases

No one ever expects to find themselves in court fighting for what is legally and morally due to them, but things happen and drivers or landowners or medical professionals can be negligent. If you have become victim to negligence in a car accident or construction site, etc..., you might have a law suit. Or medical malpractice could occur. If medical malpractice occurred due to an incorrect diagnosis, a delayed diagnosis or a misdiagnosis you might have cause to file a medical malpractice case.

As most people are not familiar with legal terminology until they are in a law suit, here are some terms that you might want to familiarize yourself with if you are considering or are already involved in such a case.

Arbitration. This is a process that is put into effect in an effort to eliminate a court trial. A professional who is involved in the field or area of medicine that the case deals with is brought in to hear both sides in hopes of a resolution.

Claim evaluation. This may be one of the first new words or phrases you may hear if you contact an attorney regarding a negligence or medical malpractice lawsuit. The attorney is going to go over the specifics of the case and perform a comprehensive evaluation to determine, if based on all of the information provided, if it can be proven that there was indeed negligence by a driver, a landowner or by a doctor or medical professional involved. In addition, in order to file a medical malpractice lawsuit you must have suffered as a result of this negligence.

Deposition. It is the process of interviewing key people who are involved or related to your case. They could be witnesses, medical professionals or anyone involved who would have information that is pertinent to your case. The deposition is held usually in an attorney's office and is documented by a court reporter so that it may be used later for the actual trial or in arbitration.

Good Samaritan Act. This is an act that protects people like emergency personnel from the liability of a lawsuit by the mere fact of performing their job. If emergency or any other medical professionals had to worry about being sued they may not perform their duties during an emergency situation therefore further hampering the condition of urgent patients.

Several or joint liability. This is where liability for the negligence is divided between more than one person. A physician may be liable as well as the hospital that he or she works in.

Medical malpractice is an unfortunate occurrence that many people believe could be prevented. Rest assured, human error is also a real situation and good doctors can make mistakes. That is why a good medical malpractice attorney can evaluate your case to determine if a doctor was negligent in his duties.

If you have ever been misdiagnosed, undiagnosed or a delay in diagnosis resulted in personal illness or injuries, please contact our professional team of attorneys at Gaines, Gruner, Ponzini & Novick, LLP @ 914-288-9595

If you were injured because of a slip and fall call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to discuss your rights.

The passing of a loved one is always a difficult time for family matters, but it can be even more difficult when the loved one was killed due to the negligence of another person or entity. This is known as wrongful death. If this has happened to a loved one, the decedent's immediate family members may file an action for wrongful death. If the decedent was still alive for a period of time after the injury, a claim may also be filed for medical expenses or pain and suffering that occurred as a result of the negligent party's actions. Any claim must be failed by a personal representative of the decedent and any compensation awarded goes to the decedent's estate. Once this money becomes a part of the state, it may pass to beneficiaries through the will and testament of the deceased.

There are four elements of a wrongful death lawsuit that must be met in order for the suit to be successful. The first element is the death of a human being. The second element in a wrongful death case is that the death had to be caused by someone else's negligence or someone else's intent to harm the person. Surviving family members must be suffering monetary injury as a result of the death, which can be in the form of the loss of income from a deceased spouse or the expenses related to funeral and burial services for the decedent. Finally, a personal representative must be appointed for the decedent's estate. This representative will have the responsibility of filing any claim for wrongful death.

There are several situations that can lead to a wrongful death lawsuit. If someone is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. Automobile and airplane accidents can lead to catastrophic injuries that are fatal in nature. If negligence played a part in the accident, it may be possible to recover damages through a wrongful death suit. Employees who are exposed to dangerous substances like asbestos and other chemicals may be able to file wrongful death claims against their employers. Claims can also be filed if someone was killed during a supervised activity or in the commission of a criminal act. Even if someone can be charged criminally for someone's death, they can also be subject to civil action.

When damages are being determined in a wrongful death case, the main measure of damages is the financial injury suffered. Financial injury can include medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support (in the case of the death of a spouse whose income supported family members). Determining pecuniary damages depends on the decedent's age, health at the time of the injury, and other information. If the decedent was a retired elderly person, the pecuniary damages calculated will be less than the damages for someone who was young, in good health, and had a spouse and kids to support with their income.

Call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to discuss your case.

You see the lawyers on the television all of the time talking about different medications or illnesses and you probably wonder what they are talking about - until you find yourself in need of a lawyer. How do you go about finding a good medical malpractice lawyer?

Because this type of case differs from a lot of other types of cases you must keep a few things in mind. Some attorneys practice certain types of medical malpractice. Try to find an attorney who specializes in your particular type of malpractice. There are attorneys who specialize in misdiagnosis cases while others are more familiar with negligence during or after surgical procedures.

Finding an attorney who is familiar with cases like yours will save you time and money. If your attorney already is familiar with the medical professionals in the field that he or she is going to have to call on to confirm or verify details of your case you are in good hands.

Meet with your attorney for a free consultation so that he or she can evaluate your case and even determine if it is worth pursuing. Medical malpractice law suits take longer to settle and more out of pocket expenses up front. Make sure that you have both the time and the money to pursue this to the end. If an attorney does not think that the case is going to settle for an amount that will cover everyone's costs and expenses then he or she won't even pursue it.

Find out if your attorney has actually had experience with cases like yours. Ask him or her you can expect during the process of pursuing the suit. How many cases have they won? How many cases were settled in court and how many were settled out of court?

You should also check to make sure that your attorney is up on the latest medical information and FDA drug recalls. Medical malpractice due to some drugs, such as heparin and BOTOX are currently making headlines. If your case involves either of these drugs you should hire an attorney who is familiar with them.

Call GAINES, GRUNER, PONZINI & NOVICK, LLP @ 914-288-9595 to find out about your rights.

We protect the rights of nursing home patients too. With your permission we will hire doctors and nurses to review your case. If you suspect that a loved one has been subjected to negligence by a nursing home or hospital please call us @ 914-288-9595.
GAINES, GRUNER, PONZINI & NOVICK, LLP
Attorneys at Law
One North Broadway, 12th floor
White Plains, New York 10601
(914) 288-9595

Do you or a loved one constantly fear that there may be a construction accident at the job site one day that could cause serious injury or even death? When you are working day in and day out with all different equipment it can become dangerous since people fall into a pattern and are not thinking about what they are doing. Some of the most dangerous types of equipment are tractors, forklifts, dump trucks, delivery trucks, rigs, and cranes which can cause injury and death. These types of construction accidents aren’t always the fault of the person who is operating the equipment, often they are due to the carelessness of managers and people who are running the job site. When something happens on a construction job site it is normally due to the carelessness of the manager or the person overseeing the job site, the person who is operating the machinery, or it could be a product defect. All of these things can cause serious injury and death when you are working on a construction site in New York, Connecticut or New Jersey or anywhere else for that matter.

If you or a loved one has been injured in one of these construction accidents you may be able to be compensated for your injury or a loved ones death. Our lawyers deal with these injuries and will be able to tell you what you need to know about potentially being compensated. The first thing you should do as soon as you or a loved one is injured as a result of a construction accident is take pictures, write a journal, and make sure to file a police report about the injury. Taking all of these steps will definitely help when your lawyer is trying to make a court case for you, having all of these things documented will help you to make a case against the people who are responsible for your injury. If a judge finds the defendant liable/negligent you may be compensated for not only the actual injury, which includes medical expenses, but also for any money that you may have not been able to earn as a result of the injury. Construction accidents are some of the most dangerous accidents in the world because people are operating with very heavy machinery, which could easily crush or injure the people who are operating it. Construction accidents happen every day and many of the people who are involved do not even know they may be able to be compensated for their serious injury.

For more information about construction accidents, call us at GAINES, GRUNER, PONZINI & NOVICK, LLP and HIRE the lawyers who will fight for you and your family.

Medical Malpractice

When doctors and other medical care providers take care of patients, they have a duty to use a reasonable standard of care when making decisions about diagnosis and treatment. When this standard of care is followed, serious medical conditions can be caught before they progress and become fatal. When the duty to follow this standard of care is breached, serious conditions can go undiagnosed and lead to consequences such as stroke, heart attack, or even death. When this happens, victims deserve compensation for their medical expenses, loss of wages, and pain and suffering. If you were misdiagnosed by a medical care provider, contact a personal injury attorney immediately for assistance in filing a legal claim.

Negligence can lead to medical misdiagnosis on the part of doctors, physician assistants, and nurse practitioners. Some examples of negligence that contribute to medical misdiagnosis include incorrectly interpreting the results of diagnostic tests and failure to order appropriate laboratory or diagnostic testing. One of the reasons that misdiagnosis is so dangerous is that it can delay necessary treatment for serious illnesses. For example, if cancer is misdiagnosed, there will be delay in getting the chemotherapy or radiation that is needed to eradicate the cancer and improve the patient's health. Another reason that misdiagnosis is serious is because the treatment for the misdiagnosed condition can be harmful to the patient. If someone is misdiagnosed with cancer, for example, they could be given high doses of chemotherapy. Since chemotherapy can destroy healthy cells along with cancer cells, this can wreak havoc on a healthy person's body.

While any serious medical condition can be misdiagnosed, there are some conditions that are more commonly misdiagnosed than others. Several forms of cancer that are commonly misdiagnosed include breast cancer, lung cancer, prostate cancer, cervical cancer, ovarian cancer, and testicular cancer. Strokes and heart attacks can also be diagnosed if a patient is not being cared for properly. Other examples of medical conditions that are commonly misdiagnosed include tuberculosis, diabetes, pulmonary embolism (blood clot in the lung), appendicitis, and bacterial meningitis.

Many people think that misdiagnosis of a condition is immediate grounds for a personal injury suit. However, doctors are not expected to diagnose every condition as soon as it begins because many conditions are asymptomatic until they are advanced or the symptoms of those conditions may be similar to the symptoms of less serious conditions. Negligence has only occurred if another reasonable doctor with similar training would have diagnosed the condition using the information available. If another doctor would have diagnosed your condition based on the results of tests or a physical examination, then you may be able to file a claim for medical misdiagnosis.

We understand that dealing with a medical misdiagnosis can be difficult physically and emotionally. At GAINES, GRUNER, PONZINI & NOVICK, LLP, we can work with you to determine the best course of action to pursue in handling your medical misdiagnosis case. Our attorneys and staff members will work with you at every step of your case to ensure that you understand what is happening and how it can affect the outcome of your claim.

Head and Spinal Injury

Some of the most serious injuries caused by accidents are spinal cord injuries and head injuries. Such injuries can be life-threatening and can change the quality of one's life drastically. After a head or spinal cord injury, victims may need costly rehabilitation services, intensive medical care, or expensive medical equipment to help them regain their ability to function. When full function cannot be regained, victims of head and spinal cord injuries may experience a loss of income and have to pay for things like wheelchairs, medical supplies, prescription medications, and in-home health care to get the best quality of life possible. It is important to consult a lawyer who is experienced in handling this type of case as soon as you or a loved one sustain a head or spinal cord injury. This type of case has a statute of limitations, so finding an attorney immediately can prevent you from being unable to file a claim at a later time.

Spinal cord injuries are very serious in nature. They can be caused by things like auto accidents, falls, and assaults. Because the spinal cord is part of the central nervous system, any injury to this delicate area can lead to severe consequences such as paraplegia, quadriplegia, difficulty walking, difficulty with movement, or severe pain. The spinal cord has four regions, which are known as the cervical, thoracic, lumbar, and sacral regions. Injuries that occur higher on the spinal cord (in the cervical or thoracic areas) often result in the most severe effects.

Head injuries are also very serious and can cause serious effects such as bruising, swelling, loss of oxygen to the brain, and tearing of the brain tissue itself. Head injuries can be caused by a number of different things include assaults, serious falls, automobile accidents, participation in sports, and being hit with falling debris. After a head injury occurs, a victim may experience effects such as paralysis, concussion, coma, difficulty concentrating, loss of memory, changes in their behavior, depression, seizures, and impaired vision or speech.

When you file a claim for a head or spinal cord injury, you may be able to recover for several different types of loss. These losses include loss of wages, diminished earning capacity, past and future medical expenses, pain and suffering, loss of enjoyment of life, inability to maintain intimate relations with a spouse, the cost of making alterations to your home to accommodate your injuries (such as adding a wheelchair ramp), and costs of wheelchairs and other devices designed to help you with mobility. The success of your claim may depend on medical records, statements from people who witnessed your accident, police reports, and expert witness testimony. This makes it very important that you have an experienced personal injury attorney to represent you in handling a head or spinal cord injury case.

At Gaines, Gruner, Ponzini & Novick, LLP we will discuss your injury with you and determine how to proceed with your claim. Our experienced attorneys can review your medical records and other evidence and develop a plan of action for negotiating a settlement or going to trial with your case. Contact us today to ensure that you don't miss out on the opportunity to have your case reviewed by experienced professionals.