Even a minor injury to the spine can have devastating consequences. Coping with impaired mobility can make every day feel like a struggle. In severe cases, a spinal cord injury (SCI) can affect the victim’s ability to earn an income and live independently.
Beyond the physical and psychological impacts of an SCI, the cost of healthcare can be exorbitant. In addition to surgeries and physical therapy, patients may need modifications to their homes and vehicles as well as mental health counseling. If you or someone you love suffered a spinal cord injury due to the negligence of another person, you may be entitled to compensation for these and other costs.
To determine if you have grounds for a claim, contact LoTempio P.C. Law Group. Our attorneys have an extensive background in catastrophic injury cases. We can assess your situation for free and help you make informed decisions. Call 716-855-3761 to schedule a consultation with a spinal cord injury lawyer in New York.
Read on to learn about the lifetime cost of living with an SCI:
Estimated Annual Expenses & Lifetime Costs
The Christopher & Dana Reeve Foundation reports that the direct cost of living with a spinal cord injury can range from approximately $42,000 to $184,000 annually. These figures include living expenses and the cost of medical care.
Naturally, treating more severe SCIs will cost more per year than treating mild to moderate spinal cord injuries. But in nearly all cases, the first year of treatment is the most expensive.
The figures mentioned above only apply after the patient’s condition has stabilized. In the 12 months immediately following the accident, the direct cost can range from $347,000 to $1 million or more.
The total lifetime cost of living with an SCI depends on the age of the victim when the injury occurred. If someone sustains a spinal injury at 25 years old, he or she can expect to spend anywhere from $1.5 million to almost $5 million on living expenses and medical care over the course of his or her lifetime. If someone sustains a spinal cord injury at 50 years old, on the other hand, he or she might spend between $1 million and $3 million on living expenses and medical care.
These figures do not account for indirect costs associated with sustaining a spinal cord injury, such as lost wages and benefits, lost productivity, and loss of earning capacity. On average, these amount to about $70,000 per year.
Discuss Your Case with a Spinal Cord Injury Attorney in New York
If your family is struggling financially in the wake of an accident that left you or a loved one paralyzed, turn to LoTempio P.C. Law Group. Our highly experienced attorneys are well-versed in the statutes, case law, and procedures pertaining to catastrophic injury claims. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury lawyer in New York.
Whenever you see a healthcare provider, whether it’s your primary care physician, dentist, or chiropractor, you’re putting a considerable amount of trust in another person. In return, you expect quality and attentive care.
At the end of the day, though, medical professionals make mistakes just like everyone else. Unfortunately, errors in a clinical setting often have catastrophic consequences for the affected patients.
Medical malpractice occurs far more often than you might realize. In this blog, we’ll discuss a few alarming statistics about medical negligence in the United States.
If you have suffered an injury or illness because a doctor, nurse, pharmacist, or other provider was negligent, you may have grounds for a medical malpractice claim. At LoTempio P.C. Law Group, we can evaluate your case in a free consultation and help you make informed decisions.
We have recovered several multimillion-dollar settlements and verdicts on behalf of our clients. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice attorney in New York.
Read on to learn four statistics about medical malpractice:
1. More Medical Malpractice Claims Are Filed in New York Than in Most Other States
Between 2006 and 2016, only three states—California, Florida, and Texas—saw more medical malpractice claims than New York, according to Hofstra University.
2. Medical Mistakes Are a Leading Cause of Death
Medical errors take more than 250,000 lives annually, making malpractice a leading cause of death in this country. According to CNBC, one report estimates that medical mistakes may be responsible for as many as 440,000 deaths annually.
3. More Than Half of All Medical Doctors Have Faced a Malpractice Suit
According to Medscape, more than 50 percent of all physicians have been named in a lawsuit. Specialists are more likely to be sued for medical malpractice. Providers who face the most claims include surgeons, obstetricians, urologists, and radiologists.
4. Medication Errors Are Common
According to U.S. News & World Report, about 1.5 million people are affected by prescription mistakes every year, making them one of the most common types of medical negligence. Medication errors take many forms. The doctor might prescribe the wrong drug, the pharmacist might fill the prescription incorrectly, or the nurse might administer the wrong dose. In any one of these scenarios, the patient’s actual condition can worsen as it goes untreated, and serious complications can arise due to drug side effects and adverse interactions.
Call 716-855-3761 to Speak with a Medical Malpractice Lawyer in New York
If you received substandard medical care, you may be entitled to compensation. Turn to LoTempio P.C. Law Group to discuss your case with a personal injury attorney.
Our skilled lawyers and outstanding support staff have represented thousands of clients in personal injury and wrongful death cases. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury attorney in New York.
Every time you visit a healthcare provider, you’re essentially putting your life in someone else’s hands. Even if the visit is a general wellness exam, you’re trusting the physician to identify any minor concerns so you can address them before they turn into major problems.
At the end of the day, though, doctors are human just like the rest of us. Regardless of how high the stakes might be for their patients, they can—and do—make mistakes.
Medicine is far from an exact science, so just because a treatment was unsuccessful doesn’t necessarily mean medical malpractice occurred. But if a healthcare provider’s negligence leads to an injury, illness, or worsening of the patient’s condition, the victim may have grounds for a malpractice claim.
If you or someone in your family underwent a procedure that did not go as planned, contact LoTempio P.C. Law Group to discuss your options. Our personal injury attorneys have helped thousands of clients recover the compensation they needed to pay for healthcare costs, lost income, and other damages. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice lawyer in New York.
Let’s explore a few essential components of a successful medical negligence claim:
1. A Breach of Duty
Doctors, nurses, pharmacists, and other providers must deliver care that is consistent with the most reasonable and widely accepted standards for the given circumstances. A breach of this duty may be considered negligent.
In order to build a winning medical malpractice claim, you must be able to prove how the provider’s negligence was directly responsible for the complications you or your loved one experienced. For example, let’s assume a man fell on an icy sidewalk and hurt his ankle. His doctor diagnoses a sprain, so he continues walking on the injured limb. Two weeks later, his symptoms have not improved, so he seeks a second opinion. The new physician correctly diagnoses the injury as a fracture and administers the appropriate treatment, but since his ankle never heals fully, he is left with limited mobility.
In such a scenario, the man might have grounds for a claim against the initial provider; however, if evidence shows that his injury would have been just as severe had he received immediate treatment, his case would most likely be unsuccessful.
Patients who receive substandard care must be able to demonstrate that they incurred damages as a result. In the state of New York, recoverable damages might include:
- Past and future medical expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Home care;
- Alternative transportation;
- Vehicle and home modifications;
- Domestic help and/or childcare;
- Pain and suffering;
- Mental anguish;
- Loss of enjoyment of life;
- Scarring and disfigurement; and
- Loss of consortium.
Speak with a Medical Malpractice Lawyer in New York
If you want to sue a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group. Our legal team is proud to help people get their lives back after a serious injury or wrongful death in the family. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.
Medical errors kill more people than diabetes, respiratory disease, and pneumonia combined. In fact, according to a study from Johns Hopkins University, medical mistakes are responsible for more than 250,000 deaths annually, making them the third-leading cause of death in the country.
If you were injured or lost a family member due to medical negligence, you may be entitled to compensation for all resulting damages. As we’ll discuss in this blog, though, you only have a limited amount of time in which to file your lawsuit, so it’s wise to call a personal injury lawyer as soon as possible.
When you’re ready to discuss your case, turn to LoTempio P.C. Law Group. We have helped thousands of clients fight for the compensation they needed to cover their healthcare costs, lost income, pain and suffering, and other damages. Call 716-855-3761 to schedule a free consultation with a medical malpractice attorney in New York.
Let’s explore the deadlines that apply to medical malpractice lawsuits:
Standard Statutes of Limitations
Typically, victims of medical malpractice have 30 months from the date of the incident—or the date on which they should have discovered the cause of action—to bring their case to court. Depending on the error in question, though, the deadline may be different.
For example, if a surgical team leaves a foreign object inside a patient, the victim has one year from the date of discovery or the date on which the object should have been discovered to file the lawsuit. And if someone dies as the result of a medical error, his or her family has two years to file suit. If the malpractice victim is a minor, the statute of limitations is three years after he or she turns 18, but the lawsuit cannot be filed more than 10 years after the incident occurred.
The Deadline Is Shorter for Claims Against Government Entities
There are several exceptions to the medical malpractice statutes of limitations in New York, so it’s wise to seek legal counsel to determine precisely how much time you have to bring your case to court. If, for example, you want to sue a government-run facility, you will have much less time to commence the proceedings. You must file a Notice of Claim within 90 days of the incident, and you must file the lawsuit within one year and 90 days of the date when the cause of action accrued.
Call 716-855-3761 for a Free Consultation with a New York Medical Malpractice Lawyer
If you want to sue a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group. Our personal injury attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a medical malpractice lawyer in New York.
If you have been injured because of someone else’s negligence or intentional wrongdoing, you may have grounds for a personal injury claim. Depending on the facts of your case, the defendant may be liable for any lost wages, healthcare expenses, pain and suffering, and other damages you have incurred as a result of the accident.
Unfortunately, the opposing party or insurance company will look for any possible reason to undervalue, dispute, or deny your claim. To win a fair settlement or verdict, you must be able to prove:
- The defendant’s misconduct was negligent or intentional, or your cause of action is covered by strict liability;
- You suffered an injury or loss; and
- The value of any damages you have incurred.
Insurance companies in New York employ a variety of tactics to reduce their liability. They might misrepresent statements you provide in a recorded phone call or argue that your own negligence contributed to your injury. The claims adjuster may even review your social media accounts for posts that can be used to dispute your claim.
At LoTempio P.C. Law Group, we can help you stay one step ahead of the insurance adjuster and fight for the compensation you deserve. Our legal team can evaluate your case for free, perform a thorough investigation, gather evidence, and handle settlement negotiations on your behalf. Call 716-855-3761 to schedule a consultation with a personal injury lawyer in New York.
Let’s take a closer look at three important elements to prove in a personal injury claim:
1. Negligence, Intentional Wrongdoing, or Strict Liability
Negligence is the basis of most successful personal injury claims. Negligence means the defendant failed to exercise a level of care that someone of ordinary prudence would have exercised given the circumstances.
For example, drivers are negligent when they speed, operate a vehicle while under the influence, or make illegal turns. Business owners may be considered negligent when they fail to remedy potential hazards within a reasonable amount of time and a customer suffers an injury as a result.
Some tort claims are governed by strict liability, which means the claimant does not have to prove negligence in order to hold the defendant liable for damages. In the state of New York, strict liability applies to some product liability and dog bite cases.
You may also have grounds for a personal injury claim if you were intentionally harmed by another individual—for example, if you were attacked in a parking lot.
Just because a person was negligent or a product was defective doesn’t mean you have grounds for a personal injury claim. You must tie the cause of action to your damages. The types of evidence your attorney may use to prove causation will depend on the facts of your case but might include the police report, witness testimony, surveillance footage, and dash cam recordings.
3. The Value of Your Damages
Proving damages is the third component of building a strong personal injury case. In the state of New York, personal injury claimants can pursue compensation for the following types of damages:
- Healthcare expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Property damage;
- Home care, rehabilitation, and other objectively verifiable losses;
- Pain and suffering;
- Scarring and disfigurement;
- Emotional distress;
- Mental anguish;
- Loss of enjoyment in life;
- Loss of consortium;
- Loss of opportunity; and
- If the defendant’s conduct was particularly egregious, punitive damages may be available.
Depending on the facts surrounding your case, your attorney may use the following types of evidence to prove the value of your damages:
- Medical records;
- Diagnostic images;
- Photographs of any visible wounds;
- Hospital bills;
- Statements from medical and financial experts;
- Invoices for home care or domestic help;
- Income tax returns and paystubs;
- Quotes for repairing any damaged property; and
- Daily journal entries detailing the recovery process.
Discuss Your Case with a New York Personal Injury Attorney
If you were injured through no fault of your own, turn to LoTempio P.C. Law Group to discuss your options for pursuing compensation. We have helped thousands of clients in personal injury and wrongful death cases. Call us today at 716-855-3761 or use our Online Contact Form to set up a free consultation with an accident lawyer in New York.
Social media has made it easier than ever to stay connected. Just look at your current newsfeed; before Facebook, Twitter, and Instagram, people actually had to attend their high school reunions to see how old friends were doing. Today, your high school acquaintances—and college friends, coworkers, and loved ones—are just a few clicks away.
We live in an age of unprecedented accessibility, and while it certainly has its advantages, there are some major drawbacks. For example, once you publish a photo or post a video online, there’s no way to control how it spreads. Regardless of your privacy settings, virtually anyone can access your online profiles with a few savvy workarounds. Even sites that implement the most advanced security measures are vulnerable to data breaches.
Although everyone should be mindful of their digital footprint because of threats like identify theft, personal injury claimants need to be especially careful about what they post online. Social media profiles have become primary sources of evidence for insurance adjusters who are tasked with finding reasons to dispute, undervalue, or deny your claim.
To prevent your online presence from hurting your case, you should consider disabling your social media accounts until your claim has been resolved. But if you insist on keeping your profiles active, the tips below can help safeguard your information:
1. Hold off on Accepting New Friend or Follower Requests
Unless you know exactly who’s requesting to be a friend or follower, be wary of accepting new requests while your claim is pending. If you don’t recognize the individual, it could be someone working for the opposing party.
2. Update Your Privacy Settings
Updating your privacy settings so only friends or followers can see your posts is not foolproof, but it will provide an added layer of protection. At the end of the day, it will be harder for the insurance adjuster to access your photos and posts if your profiles are private.
3. Avoid Posting About Your Injuries
You may want to keep friends and loved ones updated on your recovery, but posting about your injuries could prove detrimental to your case. Even if it seems like a particular post would only corroborate your claim, there’s no way to predict how it might be misrepresented and used against you.
Call 716-855-3761 for a Free Consultation with a New York Personal Injury Attorney
If you want to file a personal injury or wrongful death claim in New York, turn to LoTempio P.C. Law Group for representation. Our legal team has helped thousands of accident victims and their loved ones recover the compensation they needed to make their lives whole again.
We can help you avoid critical mistakes that would harm your case and make sure you are treated fairly by the insurance company. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.
Driver errors play a role in nearly 90 percent of all large truck accidents in the United States. That means after most truck crashes, either the trucker or another motorist is to blame. But depending on the circumstances, there are several other parties who may be held liable for damages including:
- The motor carrier;
- The manufacturer of the truck or its parts;
- A maintenance contractor;
- The cargo loading company; or
- The local municipality.
If you or someone you love was injured in a truck wreck and you want to find out who might be liable for the resulting damages, contact LoTempio P.C. Law Group. Our New York truck accident lawyers are well-versed in the laws that govern these claims. We will perform a thorough investigation to identify all potentially liable parties, and we will help you fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case review.
Let’s take a closer look at the parties who might be liable for damages after a commercial truck crash:
1. The Trucker or Motor Carrier
If the crash was caused by driver error, the trucker or motor carrier may be liable. The trucker will typically be liable if he or she was an independent contractor, but the motor carrier that employs the trucker may be responsible if the crash occurred while the trucker was performing work-related duties.
2. The Manufacturer of the Truck or Its Parts
When a truck accident is caused by a vehicle malfunction, any ensuing claims will likely name the vehicle or parts manufacturer. If the trucker or motor carrier knew the vehicle was not operationally safe, though, they may also be considered partially liable.
3. A Maintenance Contractor
Maintenance contractors can be held financially responsible for wrecks caused by vehicle malfunctions, as well. A thorough investigation should reveal whether a parts manufacturer or maintenance contractor is to blame following such an accident.
4. The Cargo Loading Company
When cargo is not secured properly, it can shift en route. This can affect the truck’s handling and even cause it to flip. When an accident is attributed to shifting cargo, the cargo loading company may be considered at fault.
5. The Local Municipality
Government agencies have a duty to maintain public roads, bridges, and signs. If poor road conditions or faulty traffic signals contributed to the crash, it may be possible to pursue damages from the local municipality. Since different statutes of limitations apply when suing a government agency—typically, claimants have just 90 days to file a Notice of Claim—it’s essential to seek legal counsel as soon as possible in such a scenario.
Call 716-855-3761 to Discuss Your Case with a New York Truck Accident Attorney
If you want to file a truck accident claim in New York, turn to LoTempio P.C. Law Group. Our legal team is available 24/7 to answer your call. Dial 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer in New York.
If you were injured in a slip and fall at an apartment complex, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. But who is liable for your damages?
Depending on the facts surrounding your injury, you may have grounds for a claim against the landlord, the tenant, or another party entirely. Unfortunately, whoever you name in your claim is likely to dispute liability. This is where a premises liability attorney may be able to help.
At LoTempio P.C. Law Group, we are well-versed in the laws that govern premises liability claims in New York. Our attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 to schedule a free case evaluation.
Read on to learn when landlords and tenants might be liable for a slip and fall accident:
When Landlords May Be Liable
Landlords have a duty to maintain all common areas of the apartment complex. They must also maintain each individual unit; however, because tenants have some right to privacy, landlords are not expected to inspect individual units frequently for potential hazards. It’s up to tenants to bring any dangers to the landlord’s attention.
In general, a landlord may be liable for a slip and fall if he or she knew or should have known about the hazard that caused the accident but failed to address it in a timely fashion and/or in a reasonable manner. If a snowstorm is passing through, for example, property owners do not have to shovel the walkways while it is still snowing; however, they may have to put out absorbent mats and/or wet floor signs at every door, because a person of ordinary prudence could assume the snow that tenants track in will make the floors slippery.
When Tenants May Be Liable
There are certain scenarios in which a renter can be liable for an accident that occurs on the premises. If a tenant causes a hazardous condition in the common area or fails to notify the property manager of a potential danger in his or her private residence, anyone who is injured as a result may have grounds for a claim against the tenant.
If a renter knocks a handrail loose, for example, but attempts to hide the damage by shoving it back in place, he or she could be liable for any injuries that occur due to a slip and fall on the staircase. Likewise, if floorboards in the apartment start rippling but the resident fails to notify the property manager, he or she could be responsible for any injuries that result.
Call 716-855-3761 to Speak with a Premises Liability Attorney in New York
If you want to file a premises liability claim following a slip and fall at an apartment complex, turn to LoTempio P.C. Law Group. Our personal injury lawyers have helped thousands of accident victims fight for the compensation they deserve. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury attorney in New York.
In the state of New York, the vast majority of employers are required to purchase workers’ comp insurance. Unless you happen to fall under one of the exempted categories to which the workers’ compensation law does not apply, you may be entitled to benefits if you get hurt on the job. Depending on the circumstances, your loved ones may also be able to recover benefits from your employer’s insurer or from the federal government following a work accident.
Such benefits might include:
- Medical care;
- Supplemental benefits;
- Social Security benefits; and
- Death benefits.
Of course, just because these benefits are available does not mean they are easy to secure. It is not uncommon for employers to be uncooperative or for insurance providers to deny or at least undervalue claims. For this reason, it is wise to seek legal counsel if you intend to pursue workers’ comp benefits.
At LoTempio P.C. Law Group, we are proud to help the injured and their families fight for the compensation they deserve. A workers’ comp attorney on our team can assess your claim, answer your questions, and help you determine the best way to proceed. Call 716-855-3761 to speak with one of our personal injury lawyers in New York.
Let’s take a closer look at workers’ comp benefits in New York:
1. Medical Care
Workers’ comp covers necessary medical care for an injury or illness a person suffers on the job. For this coverage to apply, you must visit a provider who has been authorized by the Workers’ Compensation Board, unless you require emergency care.
Injured workers may be entitled to cash benefits if they are at least partially disabled for more than seven days. Factors that determine the amount of these payments include the claimant’s average weekly earnings and his or her percentage of disability; however, the weekly benefits cannot exceed the maximum limit. Those who are hurt between July 1, 2018 and June 30, 2019 cannot receive more than $904.74 in weekly benefits, regardless of their average wages prior to the accident.
3. Supplemental Benefits
Claimants who have been classified as totally disabled as the result of a work accident that occurred prior to January 1, 1979 are eligible for supplemental benefits. Widows or widowers who are receiving death benefits following a work accident that resulted in the loss of their spouse prior to January 1, 1979 are also entitled to supplemental benefits and can obtain them by submitting an application to the Board.
4. Social Security Benefits
Employees who are seriously disabled for at least 12 months as the result of a work accident may be entitled to monthly Social Security benefits. These are federal benefits separate from those provided by an employer’s insurer, but they can be awarded alongside workers’ compensation.
5. Death Benefits
If an employee dies as the direct result of a work injury or illness, his or her surviving spouse and/or children may be entitled to death benefits in the form of weekly cash payments. Such benefits are determined by the deceased’s average weekly wage over the 12 months prior to the accident but cannot exceed the maximum limit, regardless of the number of dependents.
Call 716-855-3761 to Speak with a Workers’ Comp Lawyer in New York
If you were hurt while performing your job duties, turn to LoTempio P.C. Law Group. Our seasoned lawyers have more than 200 years of combined experience protecting the rights of the injured. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a New York personal injury attorney.
Losing a loved one in a motorcycle accident is one of the most traumatic events a person can experience. Coping with the death of a family member is never easy, but the burden is especially difficult to bear when you don’t get the chance to say goodbye.
Beyond the depression that accompanies such a loss, you may also be facing financial turmoil, especially if your family relied on the deceased for income. Medical bills, funeral costs, and other expenses can add up quickly, but if another person was responsible for the death, you may be entitled to compensation to cover these losses.
To find out if you have grounds for a wrongful death claim, contact LoTempio P.C. Law Group. Our compassionate personal injury attorneys have decades of combined experience negotiating with insurance companies and helping clients regain their financial security. Call 716-855-3761 to schedule a free case evaluation with a motorcycle accident lawyer in New York.
Read on to learn the answers to three frequently asked questions about motorcycle accident wrongful death claims:
1. Am I Eligible to File a Wrongful Death Claim in New York?
In some states, certain relatives of the deceased may bring a suit against those liable for the death; however, New York allows only the personal representative of the estate to file the wrongful death claim. Any resulting compensation is then distributed to eligible family members, which might include the deceased’s surviving spouse, children, and/or parents.
2. How Long Does the Personal Representative Have to File the Claim?
There is always a lot to do after a death in the family; however, if you think your family has grounds for a tort claim, it is wise to seek legal counsel as soon as possible. In the state of New York, the personal representative typically has just two years from the date of death to file a wrongful death lawsuit.
There are exceptions to this statute that may shorten the deadline. If you want to bring a suit against a government entity, for example, you may have just 90 days to file a Notice of Claim.
3. Can Punitive Damages Be Awarded in New York Wrongful Death Claims?
It is not uncommon for drivers who strike motorcyclists to flee the scene. If your loved one was killed by a hit-and-run motorist, it may be possible to recover a punitive award in addition to any compensatory damages. In New York, wrongful death claimants can seek punitive damages if the defendant’s actions were willfully negligent or exhibited a conscious disregard for the rights, safety, or health of others.
Call 716-855-3761 to Speak with a Motorcycle Accident Attorney in New York
If your loved one died in a motorcycle accident, turn to LoTempio P.C. Law Group to determine how best to proceed. We are dedicated to getting our clients the results they deserve as quickly as possible. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a strategic personal injury lawyer in New York.