Ellis Law, P.C.Albany NY Personal Injury Attorney | Poughkeepsie Accident Lawyer | Bronx Injury Lawsuit2026-03-31T17:00:38Zhttps://www.ellislaw.com/feed/atom/WordPressOn Behalf of Ellis Law, P.C.<![CDATA[Businesses may be at fault for indoor and outdoor slip-and-falls]]>https://www.ellislaw.com/?p=485682023-09-07T08:23:19Z2023-09-12T08:23:07ZWhen the business or property owner was negligent
A slip-and-fall incident can happen just about anywhere, but certain kinds of negligence increase the risk. For example, understaffing at a retail business has a strong association with reduced standards for the facility and a greater risk of someone falling. Workers may not have time to attend to spills or replace saturated rugs by the entranceway when there aren't enough workers on hand to assist all of the customers visiting. Understaffing can also influence outdoor facility maintenance, including clearing snow and ice from sidewalks and parking lots. If businesses do not outsource these tasks to another company, employees may not have the time to proactively keep exterior spaces safe during and after winter weather.
Provided that the person hurt in the slip-and-fall incident can show that negligence played a role in their injury, they may be able to pursue a financial claim against the property owner or business. The basic standard for negligence is whether a reasonable person would agree that one party did something unsafe or failed to do something necessary for safety. Situations involving understaffing and dirty or icy facilities would very likely meet the definition of negligence.
The rules can be a bit different for outdoor spaces as opposed to indoor spaces. New York City, for example, requires prompt removal with several different standard turnaround times depending on when the snow falls. Statutes about snow and ice removal vary between municipalities, but state rules regarding personal injury lawsuits are the same in all New York jurisdictions.
If someone hurt in a slip-and-fall incident can convince the courts that the negligence of a property owner or business played a significant role in the incident, they may have the necessary grounds to pursue a premises liability lawsuit. Reporting a slip-and-fall when it occurs, seeking out proper medical care and knowing one's rights can all help those who are hurt at a dangerous property to potentially hold the owner or occupant of the property accountable for that harm.]]>On Behalf of Ellis Law, P.C.<![CDATA[Dog attacks in New York: What should I know?]]>https://www.ellislaw.com/?p=485672023-05-30T16:03:33Z2023-06-02T16:03:05ZWhy are dog bites so dangerous?
Dog bites are often serious because of the type of wound. Medical professionals often refer to the damage as a “hole and tear” effect. This occurs when the dog’s canine teeth pierce the skin and the others tear tissue while the dog attempts to shake the victim. This can lead to large wounds that are also filled with the bacteria from the dog’s mouth — leading to the potential for serious infection.
Can I avoid an attack?
Some simple strategies that can help reduce the risk of a dog attack can include leaving dogs alone while they are eating and not taking things from their mouths. It is also a good idea to refrain from approaching an unknown dog and to ask an owner for permission before petting their dog.
Although helpful tips, the fact is many of these dog attacks are unprovoked. In the story noted above, a group of puppies escaped, and the young ladies were simply trying to round up the puppies and keep them from harm when older dogs began the attack. Victims are often those who are just trying to help or are walking past a home or otherwise minding their business.
Are there legal remedies for victims?
Victims of a serious dog bite are wise to seek medical treatment. There is also the potential for legal remedies. State law holds the owner responsible for their pets. If a dog attacks, the owner is generally legally accountable. This means the victim can likely file a civil lawsuit to hold the owner financially accountable for any medical, rehabilitation, or other expenses that result from the attack.]]>On Behalf of Ellis Law, P.C.<![CDATA[2 important rules that impact New York wrongful death claims]]>https://www.ellislaw.com/?p=485142023-03-07T12:13:33Z2023-03-10T12:13:13ZState law allows for financial claims against both businesses and individuals who cause someone's death as a result of negligence, recklessness or intentionally dangerous actions or inactions.
Wrongful death claims can be filed independent of criminal prosecution as a means of giving a family closure and alleviating the financial hardship caused by the death in question. When successful, wrongful death claims can lead to financial compensation that can settle someone's outstanding personal responsibilities and also help support their grieving family members.
Whether someone died in a drunk driving collision or as the result of a defective product, family members may be eager to pursue justice in civil court. There are two important rules that impact wrongful death claims in New York that those who have recently lost a loved one should know about.
Who is empowered to file a wrongful death lawsuit
In many cases, wrongful death lawsuits come directly from the estate of the deceased. The personal representative of the estate will initiate a lawsuit to hold a business or individual responsible for someone's untimely death. If the lawsuit is successful, they will use the proceeds to cover the deceased party's financial obligations and then to compensate their surviving dependent family members.
However, in some cases, immediate family members, including the parents of a minor child, may file the lawsuit instead of having the estate initiate civil proceedings. Spouses and children may also have the right to file a lawsuit when the representative of an estate fails to do so.
The state’s strict statute of limitations
Individuals who are hoping to obtain justice through a wrongful death lawsuit will generally need to act quickly, as such claims are only possible for two years after the date of someone's death. With rare exceptions for scenarios involving new evidence uncovered after someone dies, most wrongful death claims will need to start shortly after someone's passing.
Family members and estate executors who recognize that there is a need for financial justice and closure could push for civil litigation to hold the responsible party accountable for an untimely death. Filing a wrongful death lawsuit can be a means of securing closure for those grieving a loved one's sudden, preventable passing.]]>On Behalf of Ellis Law, P.C.<![CDATA[2 ways patients can protect themselves during staff shortages]]>https://www.ellislaw.com/?p=485062022-12-07T11:18:29Z2022-12-12T11:16:37ZShortages among nurses and other support staff members are becoming very common.
It’s easy to empathize with the situation many medical professionals are in – unless you’re a patient who is in a health crisis. Then, you have to worry about the possibility that one of your providers will make a bad situation worse by making a mistake with your care.
What can you do to keep yourself safer if you have to visit the hospital? Here are some tips:
#1 Take a list of your medications, conditions and allergies with you
One of the biggest things you can do to protect yourself is to make sure that your caregivers have all your information. Don’t trust your memory (or the hospital’s records, if you’ve been there before) when you’re having medical problems. Carry a written list that contains:
The names of all your medications and dosages
A list of all drug allergies or anything that’s relevant, like a latex sensitivity
The names and contact information of your primary care physician and specialists
#2 Ask questions, ask for help and tell your provider if you have a problem
It’s hard to get good medical care when the staff is so short-handed. Information may not get properly conveyed during shift changes – or a rushed nurse could mistakenly hand you the medication meant for the patient in the next bed.
If you’re alert enough, make sure that you:
Make sure that you verify that every medication you are given is something that you recognize and expect to receive.
If you’re not sure why you are (or are not) receiving a certain treatment, ask questions.
If you suspect a problem, such as a blown vein for your IV or a growing infection, tell your nurse and ask for assistance.
Don’t be afraid to be “that” patient. If you aren’t up to the task, take along a family or friend who isn’t afraid to ask questions or be a little proactive on your behalf.
When medical mistakes happen, the consequences can be devastating. If it happens to you or your loved one, find out more about your legal options.]]>On Behalf of Ellis Law, P.C.<![CDATA[The invisible injury you could have after a rollover crash]]>https://www.ellislaw.com/?p=483992022-07-13T17:23:39Z2022-06-14T17:10:00ZViolet vehicle movement can cause brain injury
You don't have to hit your head on the steering wheel or the window next to you to develop a traumatic brain injury because of a car crash. The motions of the vehicle can be violent enough to shake your grain around inside your skull. The violent force that moves your brain back and forth inside your skull during the crash can cause bleeding, bruising and swelling.
There may not be any noticeable symptoms from the injury at first, but the symptoms will likely progress as time passes. Without treatment, the symptoms may grow worse, and completely new symptoms may arise. It is not uncommon for people to notice worsening symptoms days after a car crash.
You can potentially avoid those worsening symptoms and the poor prognosis that they may create by seeing a doctor shortly after a crash. A physician can evaluate you for signs of brain injury and order testing or treatment that could prevent worse injuries from developing.
Brain injuries can easily change your life
A brain injury could leave you dependent on life support, struggling to regain your sense of balance or coping with memory deficits that were never an issue previously. The cost to treat a brain injury could be far more than one insurance will pay, and a brain injury could also reduce how much you earn.
Understanding the worst injuries possible after a car crash and making use of the protections available to you, like car insurance, will help you cope with the after-effects of a serious brain injury from a motor vehicle collision.]]>On Behalf of Ellis Law, P.C.<![CDATA[3 kinds of compensation families can get in wrongful death claims]]>https://www.ellislaw.com/?p=483952022-07-13T17:24:15Z2022-03-18T08:17:34ZWrongful death claims allow family members to pursue compensation for several kinds of financial loss that their loved one's death will likely cause.
What kind of compensation can surviving family members seek after the death of a family member?
Losses incurred prior to the death
The surviving family members have the right to take action on behalf of their deceased loved one. They can seek compensation for their medical expenses and any property damage losses they suffered before they died. Their pain and suffering can also contribute to what family members seek in civil court. Even their funeral and burial expenses can be part of the claim.
Losses related to employment
Family members provide direct financial support through their income and indirect support through their benefits. The dependents in the family can make a claim for a lifetime's worth of income and benefits that their family member would have earned if they had survived. Such losses often constitute one of the biggest financial amounts that contribute to the value of the wrongful death claim.
Household losses with no set cost
A family member doesn't just offer income. They also provide advice, emotional support, daily practical services and companionship. Some of those services, like caring for your children, will have a verifiable market value. Others, like their guidance and support, are intangible benefits that you must attempt to monetize for the purpose of your claim.
When you know what kinds of losses you can claim in your lawsuit, you will be better prepared to hold the other party accountable and seek the maximum amount of compensation given the circumstances. Learning more about wrongful death claims can empower those left behind after a tragedy.]]>On Behalf of Ellis Law, P.C.<![CDATA[Don’t overestimate your safety on a motorcycle]]>https://www.ellislaw.com/?p=482882022-07-13T17:24:51Z2021-09-17T17:46:57ZThe left-turn crash
For example, consider the left-turn accident. It’s one of the most common types of accidents involving motorcycles.
Say you’re safely driving down the road behind a pickup truck, leaving four seconds of space between the two of you so that you’ll have enough reaction time. In your 30 years of riding, you’ve also learned the importance of riding with your lights on, wearing a helmet, riding while sober and going the speed limit.
In short, you’re doing everything right. No wonder you feel safe.
Ahead of you, though, is a 16-year-old who just had two drinks at a party and is trying to get home. This driver is young and inexperienced, mildly impaired and more prone to reckless driving. They don’t see your bike behind the pickup and execute a sloppy, abrupt left turn right in front of you.
In a split second, none of your precautions matter. You hit the side of that car, and it’s all because the teenage driver wasn’t nearly as safe as you. They’re not injured, though, but you wind up in the hospital with severe back injuries that will change the rest of your life.
What can you do?
This isn’t meant to make you give up on riding. You just need to remember that you’re only as safe as the people around you, and you never really know who they are or what they’re going to do. If you get injured in an accident, then you need to know what rights you have to financial compensation.]]>On Behalf of Ellis Law, P.C.<![CDATA[What should you do if you see a wrong-way driver?]]>https://www.ellislaw.com/?p=482822022-07-13T17:25:17Z2021-08-20T16:35:29ZTips to help avoid a devastating crash
To avoid getting hit by a wrong-way driver, who may or may not be impaired, use these tips:
When possible, always drive in the right-most lane. A wrong-way driver will probably be on the left (their own right), so you may avoid them if you’re not in the passing lane.
Drive with your lights on all the time. If you see a car coming toward you, flash your lights and honk your horn. An intoxicated driver may simply not realize what they’ve done, and you can get their attention before a crash.
Focus on slowing down. Even if you can’t avoid getting hit, your odds of severe injury are lower at lower speeds.
If you can swerve off of the road, drive down onto the shoulder. Do not swerve left, though, which could bring you into more oncoming traffic lanes.
Be wary of braking too fast. If there are cars close behind, you may get rear-ended. Ideally, just know what traffic is like around you at all times so that you can react properly.
As you can see, these tips are far from a sure thing. They can help, but encountering a wrong-way driver is so unexpected and problematic that you may not have any way to avoid that crash. You could still get hit and injured, along with others in your car.
These injuries can be life-changing. Make sure you know how to seek compensation from the driver responsible for the crash.]]>On Behalf of Ellis Law, P.C.<![CDATA[What is the biggest statistical risk to your children’s safety?]]>https://www.ellislaw.com/?p=482382023-03-27T08:47:07Z2021-08-18T19:06:04ZThe most dangerous thing for your children is something you do every day
The entire world is full of hazards that can pose a risk to your children. Ingesting gasoline while you pay in the station could send your child to the emergency room. Taking a tumble out of a tree could mean a broken leg or a brain injury.
There are countless hazards in your home, your community and even the school that your child attends. However, the biggest risk is sitting right out in your driveway. Motor vehicles are responsible for both the significant portion of child deaths and a large number of injuries to children and young adults.
Once your child is five and until they turn 20, a motor vehicle crash is the biggest risk to their life. For infants and younger children, drowning and suffocation are the most common causes of accidental death, but injuries from car crashes are still among the top causes of death. Car crashes are also among the leading causes of nonfatal injuries to children, along with dog bites, falls and struck-by-object accidents.
Car crash injuries to children can sometimes be more expensive
Having a close call in a crash where your child gets hurt can terrify you. It can also leave you with years of expenses. Children often require more specialized care than adults.
A scratch on the face of a 6-year-old could turn into a disfiguring wound if not properly cared for by a pediatric plastic surgeon. A broken bone could require intensive intervention if it damages the growth plate. Injuries that require skin grafts or surgery may require ongoing treatment every few years as your child continues to grow.
Learning how the age of the car crash victim affects the expenses involved can make it easier for you to handle insurance claims and other requests for compensation if your child suffers a serious injury.]]>On Behalf of Ellis Law, P.C.<![CDATA[Who pays your bills after a dog attacks you in New York?]]>https://www.ellislaw.com/?p=482012022-07-13T17:25:55Z2020-12-18T03:34:27Za dog bite attack or the parent of a child injured by a dog, that rule may make you feel like you have no rights. Thankfully, there may be options for compensation still available to you depending on the circumstances.
Do you know for sure there's no history of aggression?
The owner may have told you right after the attack that their dog has never hurt someone else before, but you should not just take their word for it. There could be official records of a previous dog bite attack by that animal or other circumstances that show the dog was dangerous.
For example, it may be that neighbors of the dog's owner have had to deal with aggressive or frightening behavior from that animal in the past. It's also possible that the owner tacitly acknowledged the risk their animal posed by posting "beware of dog" signs around the property, an action that implies they knew the animal posed a risk to people.
Owners are liable for the behavior of aggressive dogs
Once a dog has bitten someone or established a pattern of aggressive behavior, the New York courts then acknowledge that the animal may pose a risk, which means the owner has liability for injuries that the dog causes.
In some cases, an insurance claim may secure you the compensation you need for medical bills and lost wages. Other times, a civil lawsuit may be necessary. Talking about the attack with a lawyer can be a good starting point for exploring your rights after you suffer an injury caused by an aggressive dog.]]>