Rappaport, Glass, Greene, & Levine Blog

5 Simple Steps To Deal With Your Insurance Carrier

Here are some tips you can use in dealing with insurance companies:

READ YOUR POLICY CAREFULLY: You should know exactly what is covered and how to appeal a denial by your insurance company.

BE VERY CAREFUL FILLING OUT FORMS: Even if you make an honest mistake your insurance company may seize on that as a reason to retroactively deny your coverage.

DO NOT CASH A PREMIUM REFUND CHECK: If your insurance company rescinds your insurance they may send you a refund for the premiums you paid. Cashing it may be interpreted as accepting their decision.

PUT EVERYTHING IN WRITING: Calling your insurance company is likely to be a frustrating experience, and you will not be able to prove anything that a company representative tells you over the phone. Keep records of all bills and correspondence.

CONTACT YOUR STATE INSURANCE DEPARTMENT: They may be able to help you. But they will not represent you in a private matter, so if all else fails you may need to consult with an attorney.

AND MOST OF ALL, DO NOT GIVE UP: Insurance companies count on you giving up. Fight for your rights.

Real Insurance Ratings

For those of you who are looking for impartial (some would say cold blooded) rational analysis of insurance company performance, take a good look at how AM Best does business.

AM Best is an information provider that provides ratings and analysis about insurance companies, and the analysis is not  based on just the profitability of the companies, but rather their ability and willingness to promptly and fully pay claims.

This seems to be one of the better was to hunt for a good insurance policy.

www.ambest.com

Did Your Infant Suffer Hypoxic-Ischemic Encephalopathy?

Certain medical mistakes are unacceptable, especially if they result in serious harm to infants.  Birth injuries unfortunately happen in even the best of hospitals and by the most respected doctors.  When an infant suffers from a birth injury, such as hypoxic-ischemic encephalopathy, it is sometimes difficult to understand what caused it.  If you are not experienced in the medical industry, it can be difficult to identify when a medical error caused birth injury.  That is why you should contact an experienced New York birth injury attorney if your newborn has suffered hypoxic-ischemic encephalopathy.

Hypoxic-ischemic encephalopathy is a type of injury where the brain does not receive enough oxygen, but is not completely deprived.  This oxygen deprivation can lead to permanent brain damage and even death.  Hypoxic-ischemic encephalopathy has been linked to developmental delay, mental retardation and cerebral palsy.

Doctors and hospitals can be responsible in some hypoxic-ischemic encephalopathy cases.  For example, if a doctor delayed a C-section or did not respond in an appropriate amount of time to a serious complication, he or she could be considered negligent.  Sometimes the fetal heartbeat is misread or misinterpreted, which is also a preventable medical mistake that can cause hypoxic-ischemic encephalopathy.

Contact Rappaport, Glass, Greene & Levine at (800) 734-9445 if your baby suffered a birth injury in New York.  We will be able to review your case to determine if there was a preventable medical mistake that led to your child’s injuries.

The article, “Hypoxic-Ischemic Encephalopathy Caused By Hospital or Doctor Error,” has more information on this topic.

New York Burn Injuries can Lead to Serious Health Complications

A New York burn injury often brings excruciating pain for the victim and can lead to both physical and emotional scarring.  Accidents that cause burn injuries are traumatic and cause the victims to be faced with a long and painful recovery, in addition to the risk of serious complications.

Infection is one of the most common health complications associated with burns.  When the skin is burned, it leaves what is called eschar, which provides a moist environment that is prone to the development of infection and toxins.  Children often suffer from post-burn seizures due to electrolyte imbalance.  Burns are also susceptible to tetanus, a disease that can create prolonged contraction of skeletal muscle fibers.

Burn victims are also at risk of developing acute gastrointestinal ulcers, which are defined as small, circumscribed lesions within the stomach lining.  Even though these ulcers are treatable, patients are still forced to deal with the pain.

A New York burn victim sometimes goes through mental pain as well as physical.  Dealing with disfigurement and scarring can be difficult for the victim.  If you have sustained a burn injury in a car accident, work-related accident or other tragic event, you may be able to recover compensation if negligence was involved.  If you were injured by a defective product, you could have a case against the manufacturer or other responsible party.  Contact a New York burn injury attorney today at Rappaport, Glass, Greene & Levine today at (800) 734-9445.

Child Sexual Abuse Takes a Toll on the Victims

Child molestation is an insidious crime that affects young victims for years.  Some victims experience severe emotional effects for the rest of their lives.

Children who are victims of abuse can develop sexually transmitted diseases, feelings of hopelessness, suicidal thoughts and trouble handling other areas of their lives, such as schoolwork.  In addition to the immediate physical and emotional toll that molestation has on a child, it is difficult to determine the extent of emotional damage that will follow them over the years.  There is no way of knowing what the long-term effects will be on the children’s bodies and minds.

Some children do not exhibit any outward signs of physical or mental abuse.  One clinical social worker who is employed at a children’s hospital said that these children do not necessarily appear sad or pathetic.  In fact, they look fine.

Victims of child sexual abuse often suffer emotional trauma, which can lead to severe depression, substance abuse suicidal tendencies, uncontrollable anger and other types of abusive behavior.

Perpetrators of child abuse can be held accountable for their actions.  If your child has been the victim of abuse, contact the law firm of Rappaport, Glass, Greene and Levine at 800.734.9445 or 212.921.5200.

Parents Need to Recognize the Warning Signs of Child Abuse

Childhood should be a carefree time – a time to play and learn.  However, for many children it is a dark and scary time in their lives, as they find themselves victims of child abuse.  As a parent, you need to be aware of the warning signs of child abuse and molestation, so that you can protect your child.

Child abuse is often difficult to recognize, as many abusers are good at hiding the evidence and manipulating the child.  Abusers are often those who are closest to the family and may include priests, caregivers, teachers, coaches and relatives.  These are people your family has trusted and they should be held accountable for their horrific actions against your child.

According to the Child Welfare Information Gateway, the first step in helping an abused child is to recognize the signs of child abuse.  It is important to note that one sign does not necessarily mean your child is being abused, so you need to evaluate the entire situation.

Warning signs of physical abuse of a child include unexplained injuries, such as burns, broken bones, bites, bruises and black eyes.  If your child is the victim of physical abuse he or she may also cry around a certain adult or make comments regarding injuries caused by an adult.

The signs of molestation or sexual abuse are a little different than physical abuse.  A child who is being molested may have trouble walking or sitting, wet the bed, experience a change in appetite, refuse to participate in physical activities, have nightmares or run away from home.  If a child has an unusual or advanced knowledge of sexual activities, it can also be an indication of sexual abuse.

If you discover that your child has been abused, you can go after the abuser for compensation for pain and suffering and other emotional scars.  Contact Rappaport, Glass, Greene & Levine for expert legal advice at (800) 734-9445.

The article, “Know the Signs of Child Abuse,” has more information on this topic. 

Things Falling off of Skyscrapers

A falling pane of glass is dangerous from any height, but at several stories the consequences are magnified.

New Yorkers figured this out when a pane of glass fell several stories on August 17th and hit the sidewalk.

It is a minor miracle that only six pedestrians were slightly injured.

Since we believe that accidents don't happen as much as they are caused, we think there needs to be some investigation as to the safety of the rest of the glass in that building. We also think that anyone who washes those windows need to be interviewed, and the people responsible for the installation and maintenance (no matter how long ago it took place) need to be interviewed as well.

It could be that the whole thing truly was a freak accident, but in our experience as  New York injury lawyers, those "out of the blue" accidents are exceedingly rare.

Thousands of Children Sustain Toy-Related Injuries Each Year

Your child should be able to play with a toy without the risk of a serious injury.  Unfortunately, manufacturers sometimes place children’s products on the market that are later found to be dangerous.  In 2006, 220,500 toy-related injuries were treated in U.S. hospital emergency rooms and there were 26 toy-related deaths among children younger than 15-years old.

Every month, dozens of children’s products are recalled in the United States.  Many of these recalls follow a serious injury sustained by a child.  As a parent or caregiver, it is important to stay up-to-date on the latest recalls.  The U.S. Consumer Product Safety Commission (CPSC) sends out press releases regarding recalled children’s products.  You can sign up to receive free recall emails on the CPSC’s website.

Sometimes a toy will injure a child even if it hasn’t been recalled and toys aren’t the only products that pose dangers to children.  Cribs, bassinets, clothing items, play sets and furniture have also been known to cause serious injuries.  Manufacturers can be held liable for defective children’s products.

Design flaws, products that are not marketed correctly and problems in the manufacturing process can all lead to defective children’s products.  In New York, you can file a defective lawsuit against a manufacturer.  If your child has been injured by a toy or other product, contact Rappaport, Glass, Greene & Levine at (800) 734-9445 for legal advice.

The article, “Defective Children’s Toys Can Lead to Serious Injuries,” has more information on this topic.

Top Ten Dangerous Toys of the Past Year

To help parents with the purchase of toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. (WATCH) has issued its list of 10 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

Inflatable Giga Ball: Watch notes that this inflatable ball that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eye injuries.

Animal Alley Purse Pet: WATCH is concerned that the hair on these, dolls made by Geoffrey Inc./Toys ‘R’ Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

Walk’n Sounds Digger the Dog: The toy’s dog leash is 2 inches longer than the toy industry 12-inch limit and may cause strangulation or entanglement injuries. This product is made by Hasbro/Playskool.

Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that can pose a choking hazards to kids.

Meadow Mystery Play-A-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to children if removed.

Extreme Spiral Copters: This slingshot-like toy can potentially cause eye injuries. Made by Toysmith Group.

Peanut Butter Salmonella Recalls Include Little Debbie Snacks

Little Debbie snacks are the latest peanut butter-containing foods to be recalled amid a nationwide salmonella outbreak. The outbreak has been linked to a Peanut Corporation of America (PCA) facility in Georgia which supplies peanut paste and peanut butter to 85 other food companies. Little Debbie joined a growing list of companies that recalled snacks over the weekend. Meanwhile, the Food & Drug Administration (FDA) is warning consumers to avoid eating any foods that contain peanut butter.

According to the Centers for Disease Control (CDC), the outbreak strain of Salmonella Typhimurium has sickened 474 people in 43 states. At least six have died. Nearly a quarter of those sickened have required hospitalization, the CDC said.

Peanut butter became the prime suspect in the salmonella outbreak after the bacteria was found in an opened 5-pound container of King Nut peanut butter made by PCA. That prompted both King Nut Company and PCA to recall peanut butters made at the plant, including those sold under the King Nut and Parnell’s pride labels.

Last week, the salmonella found in the King Nut peanut butter was confirmed to be the outbreak strain, and late Friday, investigators announced they found salmonella in peanut butter at PCA’s Blakely, Georgia facility. That plant has since been closed pending further investigation. In addition to peanut butter, the PCA factory also makes peanut paste, an ingredient in everything from baked goods to sauces.

The announcement set off an avalanche of recalls which are sure to continue in the coming days. Kellogg Company was the first to issue a snack food recall on Friday evening. The company is recalling several varieties of Keebler and Austin snack crackers as cookies, as well as Famous Amos cookies made with peanut butter.

Yesterday, McKee Food Corporation recalled all sizes of Little Debbie Peanut Butter Toasty sandwich crackers and Little Debbie Peanut Butter Cheese sandwich crackers. According to a McKee Food press release, those crackers were also made by Kellogg.

As a precaution, the FDA is urging consumers to avoid all snacks containing peanut butt or peanut paste until the salmonella investigation is complete. However, the agency said most peanut butter sold in jars at retail stores appears to be safe. PCA peanut butters are sold in bulk to food service firms and institutions.

Toddlers and Toxic Substances

No parent would let their child play with a can of drain opener.

But the impact that more "ordinary" household cleaners, sanitizers and other substances can have on the metabolism of small children should NEVER be overlooked. The reasons are simple and various:

- Underdeveloped immune systems in children

- Smaller concentrations of toxins have greater effect on their smaller body mass

- They tend to put EVERYTHING in their mouths and noses---from their fingers to toys, clothing, baby wipes, etc.

- Direct contact with carpet and upholstery, leading to exposure to cleaning fluids

- More exposure to caustic/abrasive bathroom cleaners used in tubs/bathrooms

One recent observation I have made is that many types of cleaning products are now made in "disposable wipe" form----like furniture wipes, bleach-containing cloths, Armor All, hand sanitizer----you name it. I guarantee you a toddler will not discriminate between an "Anti-Dust Formula Pledge Wipe with Allergen Trappers and the Natural Beauty of Lemon" and one of their own baby wipes if the polishing wipe is carelessly left hanging around. Of course, while it is probably not a good idea for a toddler to put either one in their mouth, I'm not sure what an "Allergen Trapper" really is, and I am reasonably certain that the beautiful 'lemon scent" is anything but natural. So take care how these seemingly harmless household products are used where small children will be present.

Holiday Recalls: Hallmark Snow Globes, Toy Drums with Lead Paint......

www.cpsc.gov/cpscpub/prerel/prhtml09/09073.html

Also, Woodstock Percussion Toy Drums are recalled because of violation of lead paint standards:

www.cpsc.gov/cpscpub/prerel/prhtml09/09076.html

Safety Information Available Through Text or E-mail

The National Highway Traffic Safety Administration has started a service where subscribers can receive instant notification through e-mail or text messaging whenever there is a safety recall involving tires or child safety seats.

For those of you with small children, we think signing up for this service would be a good idea.

Just go to the NHTSA website at NHTSA.DOT.GOV.

Kugel Mesh Hernia Patch Recall

The popular Bard Composix Kugel Mesh Hernia Patch has been linked to serious, life-threatening side effects and has been voluntarily recalled by its manufacturer and in association with the U.S. Food & Drug Administration (FDA).

On January 8, 2008, a Federal Court judge expanded the scope of current hernia patch lawsuits to include all Davol/Bard Marlex/Teflon patches, with or without "memory recoil rings."

As early as August 2001, Davol began receiving reports of complications and failures of its hernia mesh patch. These reports advise of bowel obstructions, adhesions, constipation, and fistula resulting from implantation of Composix Kugel® Mesh Patches. The reports also contain descriptions of problems other then memory recoil ring breakage including, "buckled mesh," "patch shriveling" and "edges curled up," as well as descriptions of the mesh as being "crumpled," "wrinkled," "rolled up," "delaminated" and "folded."

What is the Kugel Patch?

The Kugel patch is used to repair Inguinal, Ventral and Laparoscopic hernias. In the more common Ventral or Incisional hernia, the patch is placed behind the hernia defect through a small incision. The patch is then held open by a "memory recoil ring" that allows the patch to be folded for insertion and later spring open and lay flat once it is in place.

Timeline - Why was the Kugel Patch Recalled?

In three (3) separate product recalls, Davol Inc. and its subsidiary C.R. Bard Inc. in association with the FDA initiated a voluntary recall of the Kugel patch. The dates for the specific recalls are as follows:

December 22, 2005

March 31, 2006

January 24, 2007

The recall of the hernia patch was initiated because the "memory recoil ring" that opens the Kugel patch can break under the stress of placement of the large sized products in the intra-abdominal space.

What are the Side Effects?

The memory recoil ring defect in the hernia patch can lead to serious, life-threatening side effects. The side effects of a defective patch are as follows:

bowel perforation;

bowel obstruction;

chronic intestinal fistulae (abnormal connections or passageways between the intestines and other organs);

serious infection; and/or

death.

Signs of a Problem

New Limits on Medicaid

A recent article in the November issue of "The Suffolk Lawyer", discusses the important issue of Medicaid liens. In it, it states that "the Second Department has limited the right of a Social Services Department to recover from a personal injury settlement the monies expended by Medicaid in the care and treatment of a person with Down’s Syndrome to the period after the creation of a supplemental needs trust (SNT) and not from the date Medicaid first established the recipient’s eligibility for benefits. In doing so the court harmonized several provisions of state and federal law respecting the creation of SNTs in light of the requirements that an SNT contain repayment language and in consideration of the recent United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn (547 US 268). "

The article further discusses the case, Matter of Ruben N. v. Elizabeth T., 2008 Slip Op 06997, decided September 16, 2008, which involved a person with Down’s Syndrome, wherein Medicaid paid his medical bills. Ultimately, the malpractice action settled on August 23, 2002 for $1,600,000.00, with DSS agreeing to accept $102,423.56, in compromise of the 104-b Medicaid lien, attaching against the proceeds of the personal injury action.

By effecting this resolution with DSS, the balance of the settlement proceeds were placed in a supplemental needs trust, which permitted those funds to be disregarded in any calculation of eligibility for Medicaid benefits. The supplemental needs trust in compliance with both federal, state and Social Services law normally contains language, that upon the death of the beneficiary, "the state would receive the remaining trust corpus to the total value of ‘all medical assistance’ provided by Medicaid to the beneficiary."

The party to the case died in 2003. At that time DSS demanded payment, "for all Medicaid disbursements for Ruben’s medical care during his entire lifetime, both before and after the spinal surgery resulting in the paralysis, in the amount of $632,714.22".

It was ultimately decided by the Appellate Division Second Department, to limit the monies received by DSS to the period of time after the creation of a supplemental needs trust, and not the date that Medicaid first established the recipient’s eligibility for benefits.

Hospital-Acquired Illness Creates 12% Of Liability: Study

A new study from http://www.businessinsurance.com came out recently with startling numbers. More than 12 % of hospital liability costs arose from hospital-acquired infections, hospital-acquired injuries, objects left in the body after surgery and pressure ulcers. As a result, Baltimore-based Centers for Medicare and Medicaid will no longer reimburse providers for certain categories of hospital-acquired conditions and medical errors.

There is concern by risk managers that the lack of a rebursement by these social programs will trigger an increase in hospital professional liability claims. Several insurers have announced they will cease reimbursing such errors, including Chicago-based Blue Cross and Blue Shield of Illinois.

The study was conducted to give health care managers a clearer understanding of their cost of risk compared to an industry benchmark. This was the first year the study included data on hospital-acquired illnesses. The hope is to use the new data to establish a benchmark against which future liability costs for such ailments could be compared.

Highway Construction Worker Gets $4.77-Million Settlement After Being Hit and Permanently Injured by Out-of-Control Car

A spate of accidents in New York City this past summer demonstrated something that we all know intuitively to be true: Construction work is dangerous.

And within this sphere, highway construction is among the most dangerous type, with workers having to contend not only with the hazards of machines and heavy equipment, but also with drivers speeding through the construction zone.

Recently, RGG&L partner Michael Glass represented a highway construction worker who sustained permanent injuries on the job, securing a $4.77-million settlement for the man just as jury selection was about to begin. This worker had been replacing the center median of Sunrise Highway on Long Island when a teenage driver lost control of her car and fishtailed over several lanes of traffic, skidding into the construction zone and into the worker. He was thrown 40 feet, suffering multiple fractures and serious, permanently disabling head injuries. The suit was against the driver for driving carelessly and against the general contractor for failing to provide appropriate safeguards from the speeding traffic for the workers at the site.

The money from the settlement will be used to fund the injured worker's substantial ongoing medical bills and to compensate his devoted wife, who has become his primary caretaker.  "The lesson for us all," said Glass, "is to slow down and stay alert when driving through a construction zone.  It is possible to come upon work being done just a few feet, or even inches, from the moving lane of traffic."

Re-inventing the Malpractice "Crisis"

From a recent issue of The New York Sun:

"A cash-strapped Brooklyn hospital will stop delivering babies, aiming to regain its financial footing and reduce its escalating medical malpractice costs.

Long Island College Hospital, in the Cobble Hill neighborhood, plans to shutter its obstetrics department pending approval from the state's Department of Health, hospital officials said yesterday. Last year, the hospital delivered 2,800 babies, and it is on track to deliver about 2,200 this year."

The premise here is that mean old lawyers are keeping people from even being born because all they do is sue people.

In the first place, it has been our experience that the only thing that causes insurance rates to rise are the insurance companies themselves. And considering that so few medical malpractice cases even make it to trial, it seems absurd that lawsuits are the cause of rising insurance rates. We reccomend a good solid look at the profit margins of the insurance companies lately. They have taken a beating just like everyone else. The last time they lost money was in 2003 when the bond market tanked, and within two weeks they jacked their rates and blamed the lawyers.

Don't be fooled.

RGG&L secures $1.2 million settlement for woman whose breast cancer diagnosis was delayed due to misread mammograms

    Breast cancer could well be considered an epidemic in America: One out of nine woman is diagnosed with the disease during her lifetime. And although many women now know more about-and do more about-detecting breast cancer early, sometimes that is not always enough.

    RGG&L partner Michael Glass recently secured a $1.2 million settlement for a 46-year old woman who took every reasonable step to monitor for breast cancer, including self-exams and annual mammograms. Unfortunately, for two years in a row, her radiologist completely missed a suspicious breast lesion when he interpreted her mammograms, permitting that cancer to grow and invade several of her lymph nodes. Fortunately, with aggressive treatment, the woman has beeen cancer-free for a number of years, but the mistake placed her at a significantly increased risk of recurrence and the need for highly invasive measures to arrest the further development of the cancer. 

What Grade Did Your Medical Insurance Company Get?

The American Medical Association has released a report card which rates medical insurance companies based on their efficiency in paying what they owe to doctors.  

You can bet that if your insurance company isn't regularly paying their doctors for what they owe you, then they probably wont be very much help when you need them.

For more information, follow the link below.

http://www.medpagetoday.com/PublicHealthPolicy/PracticeManagement/tb/9876

Helmets Prevent Head Injuries in New York Motorcycle Accidents

Motorcyclists often complain about having to wear a helmet, as they believe it takes away from the experience of riding on the open road.  However, in New York, it is required that all motorcycle drivers and passengers wear helmets while the motorcycle is in operation.  New York is one of several states that has enacted motorcycle helmet laws, which have been created to protect motorcyclists from injuries sustained in motorcycle crashes.

Motorcycles carry unique risks when compared to other vehicles, such as cars, trucks and vans.  A motorcyclist has little protection if struck by a vehicle weighing thousands of pounds.  To compound the problem, if the motorcyclist is ejected from the motorcycle, serious injuries can occur.  Motorcycle helmets can help reduce the severity of injuries, especially to the head.  A helmet provides cushion if the motorcyclist were to hit a hard surface, such as pavement.  A study by the University of Southern California concluded that wearing a motorcycle helmet was the single most important factor in surviving a motorcycle accident.

It is a known fact that head injury is the most common cause of death in motorcycle crashes.  Wearing a motorcycle helmet though, can lower the risk of death in a motorcycle crash by 37 percent.  One study even suggested that motorcycle helmets are 67 percent effective in preventing brain injuries and that a motorcyclist not wearing a helmet during an accident is three times more likely to suffer brain injuries than a helmeted motorcyclist.

The article, “Wearing a Motorcycle Helmet in New York Can Save Your Life,” has more facts and statistics relating to the effectiveness of motorcycle helmets in preventing head injuries.

If you have been injured in a New York motorcycle accident, contact the experienced motorcycle accident attorneys at Rappaport, Glass, Greene & Levine at (800) 734-9445 for legal advice.

Do You Live Near one of The Most Dangerous Intersections in New York?

New York Car Accident Fatalities Lower than Average

The risk of being killed in a car accident in New York is lower than the national average, according to the U.S. Centers for Disease Control and Prevention (CDC).

The New York car accident death rate was 8.4 per 100,000 during the time of the study, which was significantly lower than the national average of 15.6.  An initiative has been developed by the federal government, known as Healthy People 2010, which calls for a reduction in the amount of deaths caused by car accidents to 9.2 per 100,000.  The highest death rate was in the South, where 19.5 per 100,000 people were killed in a car crash.

Researchers found that men are more likely to die in a car accident than women.  The death rate for men was 21.7 per 100,000 and for women it was 9.4.  The study also discovered that people ages 15 to 24 had a higher death rate than the other age groups.

There have been some suggestions made to lower the risk of death from a car accident, including:

• Lower blood alcohol laws
• Safety improvements to vehicles
• Improved roads
• Better emergency response
• Additional seat belt laws
• More alcohol checkpoints

If you have been injured in a New York auto accident, you need to contact an experienced accident lawyer at Rappaport, Glass, Greene & Levine at (800) 734-9445 for legal advice. 

The Safest Small Cars According to the IIHS

The results are in and only two 2009 model small cars earned good ratings in side crashes, according to the Insurance Institute for Highway Safety.  Have you wondered how your small car would hold up in a serious side impact crash or other type of auto accident in New York?

Seven small cars, all 2009 models, were included in the Institute’s front, side and rear crash tests.  All of the seven vehicles, The Chevrolet HHR, Chrysler PT Cruiser, Ford Focus, Hyundai Elantra, Saturn Astra, Suzuki SX4 and Toyota Matrix, earned the highest rating in the category of “good for occupant protection in frontal crashes.”  However, only the SX4 and its twin Pontiac Vibe earned good ratings for protection in side crashes.  The Institute issued a statement in its press release that the majority of new small cars earn good ratings in frontal crash tests, but do not perform well in side and rear crashes.

The side crash tests used to measure the protection is small cars incorporates a barrier designed to represent the front end of a pickup truck or SUV.  The barrier is at head level, which makes side airbags an important component in protection.  Joe Nolan, the Institute’s senior vice president, said that side airbags are standard in all of the small vehicles that were tested this time, which is a major change from 2006 when side airbags were mostly optional.

If you have been injured in a New York car accident, you may be entitled to compensation.  Contact an experienced car accident attorney at Rappaport, Glass, Greene & Levine at (800) 734-9445.

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for
a car defect, you do not need to show that they were careless. Unlike
personal injury claims that are based on negligence, liability in car
defect cases is controlled by strict liability. Regardless of the
steps a manufacturer says it takes in creating or handling a car, you
can make a strict liability claim based on a car defect if certain
conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The
defect may arise from either the car’s design, during handling,
manufacture, shipment, or through a failure to warn consumers of a
dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its
original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict
liability claims, particularly if you have owned the car for some
time, if it can be shown that you knew about the defect but continued
to use the car anyway. This can be established through either the
car’s condition or from your description of the use of your car. In
some states, a manufacturer or seller may also be able to defend
against your lawsuit under the theory that your contributory or
comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of
awarding more punitive damages for those who have successfully brought
a claim against a manufacturer or seller. These punitive damages
awards are above and beyond damages to compensate a plaintiff for his
or her injuries, and can range into tens of millions of dollars in
certain instances. Punitive damages are intended to punish
manufacturers and encourage them to fix defects that have resulted in
injury. Traditionally, car manufacturers have engaged in what is known
as a “cost-benefit” analysis when deciding whether to change a
potentially defective design. In this process, the manufacturer will
calculate the cost of implementing a design change, and weigh that
cost against the potential cost of litigation and settlement after the
defect causes injuries. Punitive damages are often awarded in order to
add to the potential costs a manufacturer will face if it decides not
to fix a design defect, thus shifting the cost-benefit analysis toward
the elimination of defects.