Author Archives: Howard Raphaelson

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About Howard Raphaelson

Howard A. Raphaelson is a personal injury attorney and partner at Raphaelson & Levine Law Firm P.C. in New York.
EMAIL: howard@rllawyers.com
BIO: About Howard
PHONE: 212-268-3222

Pharmaceutical and Medical Device Litigation
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Pharmaceutical and Medical Device Litigation | Howard Raphaelson

Raphaelson and Levine will now be assisting in the handling of Pharmaceutical and Medical Device litigation. We are currently focusing on inferior vena cava (IVC) filters, Xarelto, Invokana, and Talcum Powder. Inferior Vena Cava (IVC) filters (a type of vascular filter) were approved for use in 2003, but research has shown that the filters have been known to fracture or splinter over time causing severe medical conditions and even death.

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For 25 Years, We Have Been the Voice of the Injured
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For 25 Years, We Have Been the Voice of the Injured | Howard Raphaelson

For the last 25 years, Raphaelson and Levine has been known in the New York personal injury community as the Voice of the Injured. Raphaelson and Levine is a law firm founded on the principles of excellent legal representation, superior personal service, and commitment to utilizing the best resources available in our industry to ensure maximum compensation.

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Raphaelson and Levine Goes APP
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Raphaelson and Levine Goes APP | Howard Raphaelson

We are 24/7 for the people we represent and the New York personal injury community. DOWNLOAD OUR APP for your IPHONE or ANDROID and you will have all the resources you need if you are involved in an accident. You'll also have immediate access for any reason to Raphaelson and Levine. Our commitment to you and your family and friends, in all aspects of your lives, is unconditional and 24/7. When you need us, we are always there.

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When Justice is Denied, Raphaelson & Levine Try Again
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When Justice is Denied, Raphaelson & Levine Try Again | Howard Raphaelson

Judges make mistakes in deciding issues in personal injury cases. The litigants in personal injury cases, or "parties," sometimes make applications to the court called "motions" for various kinds of relief. Motions may seek documents or dismissal of the case. An application made to dismiss a case is called a "summary judgment motion." The aggressive attorneys at Raphaelson & Levine are equipped to turn any outcome into victory.

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NYC Police Vehicle Runs Over & Kills Teacher, Denies Responsibility
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NYC Police Vehicle Runs Over & Kills Teacher, Denies Responsibility | Howard Raphaelson

Raphaelson and Levine is aggressively litigating versus the New York Police Department on behalf of the family of a teacher who was tragically struck and killed by a police vehicle. The victim, Felix Coss, was innocently crossing the street in a marked crosswalk with the walk signal when an on-duty police officer recklessly turned her vehicle into the crosswalk. The police car hit Felix, causing him to fall backwards and strike his head. The beloved Brooklyn resident, admired and revered by his family, friends and neighbors, tragically died from his injuries.

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Raphaelson and Levine Will Return to Albany to Continue Lobbying for the Rights of the Injured
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Raphaelson and Levine Will Return to Albany to Continue Lobbying for the Rights of the Injured | Howard Raphaelson

The battle in Albany for the rights of the injured is ongoing. Every year Howard Raphaelson and Andrew Levine attend lobby day to ensure that our assemblymen from both parties are informed about new laws and ideas to help the injured and their families. This year, in their capacity as board of directors of the New York State Trial Lawyers association, Howard Raphaelson and Andrew levine will again make their annual visit. It is and honor and privilege to represent the rights of all New Yorkers who are suffering from, or will in the future suffer, pain as a result of an accident.

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Justice Shined Through the Rain in NY Supreme Court
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Justice Shined Through the Rain in NY Supreme Court | Howard Raphaelson

{Read in 2:50 minutes} On a dreary, rainy day in late February, beams of justice shone through. It was a joyous day for the family of a client represented by the firm. Background While attempting to cross the street, our client had been struck by a New York City Transit Authority (NYCTA) bus. He sustained a leg fracture that, fortunately, did not require surgery. However, he was not only the victim of this significant collision; he was also a victim of false accusations that he was drunk and wildly stumbled into the bus.

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Supplemental Underinsured Motorist Coverage
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Supplemental Underinsured Motorist Coverage | Howard Raphaelson

New York State requires all owners of motor vehicles to carry bodily injury insurance. However, in NY, the minimum amount the law requires is only $25,000. In most cases we handle, $25,000 is not sufficient to compensate the injured party for his/her injuries. The injured party's only recourse is to obtain a judgment against the defendant and attempt to enforce that judgment. Unfortunately, that course of action is usually not beneficial to any of the parties involved--plaintiff or defendant--and it can take years to obtain a judgment that is, ultimately, uncollectible. Usually, individuals with assets don't have the state minimum $25,000 insurance coverage.

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Lessons Learned
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Lessons Learned | Howard Raphaelson

{Read in 4:05 minutes} The power of an excellent attorney-client relationship can never be understated. The following are just a few examples of how our clients work together with us in helping maximize the value of their own case. Case Study #1 Recently, at a client's deposition, the opposing attorney made every effort to be disarming, and the client seemed to fall into the trap of speaking in a conversational manner and offering more information that was being requested.

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Another Success Story
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Another Success Story | Howard Raphaelson

{Read in 1:55 minutes} We recently represented a NYC construction worker who was injured when he fell from a scaffold at a construction site. He sustained serious injuries, including a fractured arm and lacerations to multiple parts of his body. As a result, he was disabled and unable to work for over two years following the accident. The injured worker trusted his attorneys at Raphaelson and Levine to fully litigate the case in order to get the best possible result. The case settled on the eve of trial for $400,000.

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A Personal Success Story
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A Personal Success Story | Howard Raphaelson

{Read in 2:10 minutes} I recently had the privilege of representing a lovely woman, Pietra Vendra, who fell on a broken sidewalk several years ago. Over the ensuing years, I had gotten to know very well not only her but also her devoted husband and children. I knew of each surgery and truly empathized with how her injuries had kept her from being the wife and mother she had always been. That is what made her the most depressed about her limitations.

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The Statute of Limitations Can Make or Break Your Case
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The Statute of Limitations Can Make or Break Your Case | Howard Raphaelson

{Read in 1:54 minutes} In New York, if you are injured and wish to pursue a claim or lawsuit to recover compensation for your damages, you must be informed and mindful of the statute of limitations. The statute of limitations is the time limit by which you must file a claim or lawsuit. If you do not file within this time period, you will be barred from ever doing so.

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$825,000 Settlement for Victim of Rear-End Collision in Brooklyn
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$825,000 Settlement for Victim of Rear-End Collision in Brooklyn | Howard Raphaelson

Raphaelson and Levine aggressively litigated on behalf of a young Brooklyn resident who was struck in the rear while driving along the Belt Parkway. Our client, who had a history of prior back pain and treatment, sustained a back injury to his lumbar spine (lower back). He attempted physical therapy but ultimately required back surgery. The case was very complex and contained a myriad of issues including prior accidents, subsequent accidents and troubling surveillance video.

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Personal Injury Awards – For the Past AND the Future
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Personal Injury Awards - For the Past AND the Future | Howard Raphaelson

{Read in 2:55 minutes} Accident victims suffer in many aspects of their lives. They awake the morning of an accident, living their life in an ordinary way, and then, without warning, everything changes. The first and most obvious damage that a client sustains is their physical bodily injuries. Accident victims might sustain broken bones and often require a period of hospitalization and surgery. During this period of time, they will accumulate medical bills and have an unexcused absence from work. These damages represent past damages that are immediately incurred and are compensable under the law.

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Raphaelson and Levine Honored by the Dominican Bar Association
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Raphaelson and Levine Honored by the Dominican Bar Association | Howard Raphaelson

On the evening of September 29, Raphaelson and Levine were honored by the Dominican Bar Association at a beautiful event hosted at a downtown catering hall located on the water and looking out to the Statute of Liberty. Howard Raphaelson accepted the honor on behalf of the firm. With the backdrop of Lady Liberty and in the presence of other honorees who have initiated community outreach programs to first generation and immigrant Dominicans, Mr. Raphaelson spoke about the firm's continued commitment to the association. "We are all part of this great melting pot and were all immigrants at one point in the United States," Mr. Raphaelson proudly exclaimed.

We Are the Voice of the Injured
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We Are the Voice of the Injured | Howard Raphaelson

Raphaelson & Levine Law Firm, PC, is the voice of the injured for New York accident victims. Partners, Howard Raphaelson and Andrew Levine serve on the board of directors of the New York State Trial Lawyers Association. Howard and Andrew together, along with the firm's attorneys and legal team, specialize in handling personal injury accidents that involve:

  • wrongful death;
  • automobile accidents;
  • construction and work accidents;
  • medical malpractice;
  • motorcycle and truck accidents;
  • slip and falls; and
  • product liability.

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Scaffold Safety Supporters Rally in Albany
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Scaffold Safety Supporters Rally in Albany | Howard Raphaelson

At a worker safety rally in Albany, Scaffold Safety Coalition members joined Assemblymember Francisco Moya, lead sponsor of the Construction Insurance Transparency Act, to support the Scaffold Safety Law and to call for greater transparency in the construction insurance industry. In a statement, coalition member Gary LaBarbera, President of the NYC Building & Construction Trades Council of Greater New York, said: "New York has long been a leader when it comes to worker safety, and we can't afford to break that tradition. 

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Amtrak Accident
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Amtrak Accident | Howard Raphaelson

Today's Amtrak accident in Philadelphia on a DC train bound for New York is the latest of many serious train accidents that have occurred recently in our region. Raphaelson and Levine has been involved in several recent investigations and lawsuits as a result of train crashes. The NTSB investigation will be critical to determining the cause of the accident and Raphaelson and Levine will be following that investigation closely. In our past experiences including the Air Train accident at Jamaica Train Station and last year's Metro North collision

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Raphaelson and Levine Secures Justice for NYC Construction Worker
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Raphaelson and Levine Secures Justice for NYC Construction Worker | Howard Raphaelson

Our firm represented a carpenter who badly injured his hand when using a saw that did not have the proper saw guard. It was our contention that the guard was removed so the workers could work quicker. Unfortunately the priority was not on working safely. We sued the developer and general contractor. For years they denied responsibility even asking the court to dismiss the case. We battled every step of the way, defeating their motion to dismiss and on the eve of trial

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Raphaelson and Levine’s Fighting for Workers’ Safety
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Raphaelson and Levine lawyers' visit to Albany this week was to ensure the very protections that the family of today's killed construction worker will rely upon and need to claim support for the economic loss that his death will cause. This man was unfairly killed by another falling crane. Read about the tragic story here. New York's current law, known as the Scaffold Law, Labor Law 240, will provide protection for the family of the worker that today was struck by a crane and killed. In Albany this week, Raphaelson and Levine lobbied the senate and assembly to keep this law on the books.

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Construction Debris Kills NYC Pedestrian
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Construction Debris Kills NYC Pedestrian | Howard Raphaelson

A New York City resident tragically lost her life last month after being struck by construction debris. A plywood sheet dislodged in the wind and came charging down 7th Avenue before striking an innocent NYC pedestrian. She sustained head injuries and tragically died. This incident is outrageous and highlights the need for strict laws making property owners and contractors liable to all whom they injure and kill. Hopefully through strict laws these parties will take all steps to make sure these incidents don't occur.

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Icy Roads Ahead – Tips for Safe Driving in Bad Weather
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Icy Roads Ahead - Tips for Safe Driving in Bad Weather | Howard Raphaelson

Although the brutal winter seems to be softening, freezing road conditions can still occur at night. With all the water and melting snow on the ground, drivers must be aware and drive safely for themselves and others. The winter of 2014-2015 has been one of the most brutal in years. Is global warming still an issue? Highways, bridges, elevated roadways, curves and deceleration areas present safety concerns for roadway slipping and sliding. When you get out on the road the first thing you must do before you turn on the radio or set your phone is remind yourself that the roadway is a dangerous place, not a home entertainment system.

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MTA Tragedy
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MTA Tragedy | Howard Raphaelson

A commuter's worst nightmare took the lives of several New Yorkers when a MTA train crashed into an SUV on the tracks. Our heartfelt sympathies go out to all involved. The NTSB (National Transportation Safety Board) is investigating what they acknowledge to be an "unusual occurrence." Quite simply it is nearly unheard of for the occupants of a train that strikes a car to be injured, let alone killed.

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Truck driver negligence
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The incidents of truck driving accidents continue to be a serious concern for vehicles sharing the roadway. Regulations have focused on safe driving strategies that aim to reduce the risk factors associated with trucking accidents. A semi truck accident carries the risk of triggering a multi-vehicle crash, which poses significantly more danger to other motorists on the road. On July 1, 2013, the National Traffic Safety Administration addressed a common issue affecting truck drivers: truck driver fatigue.

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$1.5m Settlement for Exacerbation and Aggravation
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Raphaelson and Levine Law Firm was victorious in securing 1.5 million dollars in compensation for our client who was injured in a Nassau County auto accident. Our client, a woman in her fifties, had a long-standing history of prior injuries including prior surgery to her spine, and extensive care to her neck, back and wrists. These were the precise injuries we secured compensation for.

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NYC Blizzard
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As we all brace for what some forecasts are calling an "Epic Storm" we wanted to remind you all that nothing is more important than your safety. Stay inside. Stay off the roads. This will permit proper cleanup and avoid emergencies and permit first responders to have free open access to the roads. For our friends and clients in NYC who may be wondering what their obligations are following a storm:

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Technology may help prevent motor vehicle accidents
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Individuals in New York who own a motorcycle may be interested in new technology that could help prevent motor vehicle accidents from occurring. This new vehicle-to-vehicle technology essentially allows lighter vehicles, such as motorcycles and SUVs, to communicate with each other while traveling on the roadways. The U.S. Department of Transportation's National Highway Traffic Safety Administration believes that the technology could decrease the majority of crashes that happen.

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The frequency and causes of truck accidents
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Some New York residents may have been involved truck accidents. Although all accidents are inherently dangerous, truck accidents are generally more likely to be involved in multiple vehicle crashes. In addition, since trucks are naturally larger than most other vehicles, the consequences of an accident with a truck for other drivers can be more severe as well. Driving mistakes that tend to be fairly innocuous under normal circumstances can be highly dangerous when trucks are in the vicinity.

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New York woman killed in drunk driving-related car crash
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According to authorities, the accident that claimed the life of a high school graduate from Long Island in 2012 has resulted in the conviction of a 34-year-old man. The alleged drunk driver rear-ended the 18-year-old's car while she was on her way home to her parent's house after work. Toxicology testing revealed that he had four times the legal limit of alcohol in his blood when he caused the fatal collision. The woman had just graduated two days earlier from high school.

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