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NYC, Bronx, Albany, Poughkeepsie and NY Statewide Accident Injury Law Blog

What is a defect in design?

A defect in the design of a product can result in serious injuries. Cases involving design issues are typically focused on a manufacturer's decisions when creating a product. For example, if a manufacturer knows there is a flaw in a vehicle but does not take steps to recall it, then the design's defect could put someone at risk of serious injuries or death.

If you are hurt because of a defect in design, there are a few things you'll have to do to seek out compensation. First, you will need to show that the manufacturer needed to use a reasonable alternative design and that the manufacturer could have done so. For example, if the floor mat of a car catches on the accelerator and causes it to get stuck, the floor mats could easily be changed to prevent the problem.

Bedsores: A sign of trouble in your loved one's nursing home

Bedsores, also known as pressure sores, are caused when tissues rub against bone. They occur because the pressure of the tissue rubbing on the bone is not relieved over an extended period of time. This continuous friction causes a sore, which can become infected.

While bedsores can happen due to a patient being unable to move or being in a single position for a long period of time, proper health care should help eliminate the risk. Usually, bedsores do not develop if the nursing home provides adequate help to the individuals living there.

Toddler dies in tragic rear-end collision in New York

The loss of any life is tragic, but it's particularly sad when it's a child who has been killed. Children have their entire lives ahead of them, and a car crash cuts that life much shorter than it should have been.

An April 30 news report talks about one 3-year-old child who was killed in a car crash. She was in her family's vehicle with her grandparents and mother when the accident happened.

You have a right to report nursing home abuse in New York

When your loved one has to move into a nursing home, you want to know that the people there will care for him or her like their own mothers, fathers, aunts or uncles. You need to know that your loved one receives care in a timely manner and on schedule.

How can you make sure your loved one is protected and report when he or she is not? There are a few different things you can do.

Why shouldn't you leave the scene of an accident?

A hit-and-run accident is complicated, because hit-and-run crashes can result in a driver fleeing and not ever being found. If the driver isn't found, the person who suffered an injury may have to pursue compensation through their own insurance plans, which becomes frustrating. Fortunately, most of the time, hit-and-run drivers are found by police not long after an incident. In those cases, drivers are charged for fleeing the scene and can be held liable for the accident.

The truth is that even if the person who fled the scene was the victim, he or she may be considered to be at fault now. Leaving the scene without stopping and contacting the authorities is against the law in the United States, further complicating things for the person who left the scene prematurely.

Woman suffers serious injuries on dangerous beach ramp

When premises belongs to a city, the city should always maintain it. Whether that means maintaining a boardwalk or roadway, it's in the city's best interests to do so. If someone gets hurt due to a hazard that has been reported but not repaired, the city can be held responsible for those injuries.

The city, in this case, has recently settled an unsafe ramp case for $600,000, according to news out of Brooklyn. The original story states that a woman was walking up a ramp on Surf Avenue to get to Coney Island beach in 2013 when she had to step to the side to avoid a bicyclist.

You can settle a lawsuit without going to court

It's possible to settle a personal injury lawsuit before you ever have to file a lawsuit. One way to do this is by working with your attorney to negotiate with the other party. You may want to consider mediation sessions, going through arbitration or negotiating directly depending on the situation.

There are many reasons to go through negotiations without involving a court. First, it saves you money. Suing can costs hundreds or thousands of dollars depending on the situation. Instead, speaking with your attorney and having him or her help you with negotiations is a better route. Then you only accrue your attorney's fees and some filing fees for the documentation you need. In many cases, your attorney fees come out of any award you get, so that fee can be accounted for in your negotiations.

This is what you should look for if you suspect elder abuse

Recognizing nursing home abuse is the first step to helping your loved one get out of a dangerous situation. Here are a few common questions about nursing home abuse and neglect that you may be interested in knowing the answers to.

What is abuse?

Product defects can cause medical problems for patients

Imagine having a hip replacement surgery to improve your mobility and quality of life. You go through months of recovery only to feel like something isn't quite right. Then, you find out that a screw has come loose. You need another surgery and even more physical therapy. The pain and suffering of the first surgery is repeated a second, unnecessary time.

If this or a situation like this has happened to you, then you know how important it is for medical products to be produced without defects. Even a small defect, like a loose screw, can affect you negatively. If you plan to file a lawsuit, you should know that you are affected by the statute of limitations in New York. In most cases, you have only a limited amount of time to file your claim from the date of surgery or the date on which you discovered the defect.

Are medical errors really the third-leading cause of death?

Medical errors aren't just little things like forgetting to check on a patient. They can be serious and cause permanent injuries or death. It's vital for nurses, doctors and other medical professionals to be at their best at all times and to make sure they give their full attention to each patient they see.

How common are medical errors in the USA?

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