Category: Personal Injury

Prepared to Win Your Personal Injury Case? Here’s How to Do It!
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Prepared to Win Your Personal Injury Case? Here’s How to Do It! | Ron Katter

{1:30 minutes to read} Preparation is 99% of winning a personal injury case. I’m often asked how many of my personal injury cases wind up being tried in court. Even considering that most cases settle before trial, my answer is that I prepare all of them for trial. In my experience, I’ve found I can obtain the highest dollar recoveries for my personal injury clients when their cases have been thoroughly prepared, as if they were going to be tried in front of a judge and jury. One of the first things I do after a client hires me, is to research exactly which questions a judge will ask the jury to decide in that particular case. From that point forward I concentrate on making sure that we obtain the necessary facts so the jury will answer those questions in my client’s favor.

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Construction Worker Gets Justice
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Construction Worker Gets Justice | Howard Raphaelson

Raphaelson and Levine is proud to report that we have obtained a 4.5 MILLION DOLLAR RECOVERY for an injured construction worker. Our client was injured in the notorious 125th street building collapse. He fell nearly three stories when the building he was working on suddenly collapsed, propelling him to the ground. He was seriously injured, breaking multiple bones and requiring extensive surgeries to his foot and ankle. He was fortunate to be alive.

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Dog Bites Can Be Devastating. Is the Law on Your Side?
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Dog Bites Can Be Devastating. Is the Law on Your Side? | Ron Katter

{2:30 minutes to read} Dog bites often cause the most severe physical and emotional injuries. When a seemingly friendly dog unexpectedly bites someone, deep tissue injuries and infection can occur. Treatment for these injuries often includes many surgeries and a slow, painful, recovery. Dog bites can leave disfiguring scars on parts of the body that are visible when the person is in public, such as on their face, arms, or legs, and are a permanent reminder of the animal’s attack.

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Raphaelson and Levine Resolve Pedestrian’s Lawsuit Against Negligent MTA Road Supervisor for $1.3 Million
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The case was prepared and ready for trial. Three orthopedic surgeons concluded our client, a 50-year old female resident of the Bronx and home nursing aid, would never return to work and would require an ankle fusion for her surgically repaired ankle fractures caused by a road supervisors failure to stop at a stop sign by Jacobi Hospital in the Bronx.

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Personal Injury: Construction Job Site Accidents Laws
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Labor Law 240-241 Is Often Misrepresented By Opponents Of The Statute, Says Top New York Construction Accident Lawyer Labor laws in New York State, in particular sections 240 and 241, commonly referred to as the “Safe Place to Work Law,” or the “Scaffolding Law,” are under constant assault by contractors and developers to weaken them further or repeal them altogether. Therefore, it’s important to study personal injury construction job site accidents laws, in order to know your rights.

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New Cases of Legionnaires Disease in New York–Are You At Risk?
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New Cases of Legionnaires Disease in New York--Are You At Risk? | Ron Katter

{1:40 minutes to read] This month, the New York City Department of Health confirmed that there were two cases of Legionnaire’s Disease at the New York City Housing Authority's Rangel Houses in Manhattan. It also confirmed that there were two other cases in the past 12 months, linked to a building on Sedgwick Avenue, in the Bronx. Although the Health Department said these were isolated cases, it also noted that steps were being taken to prevent more people from becoming infected.

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

Raphaelson and Levine’s slogan represents the goals that we have always had for ourselves and the people we represent. The slogan is based on the core principles the firm was founded upon. Listen and Understand the Voice of our Injured Clients We always understand and appreciate the needs of our clients and the frustrations and difficulties that they encounter in all aspects of their lives after an accident.

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Justice for a Chef Robbed of His Passion
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Justice for a Chef Robbed of His Passion | Howard Raphaelson

Raphaelson and Levine recently represented a chef who was injured while working at Hofstra University. Our client tripped and fell over an exposed drain. This drain created an unsafe tripping hazard and exposed our client to a workplace hazard. Our firm brought suit against Hofstra, who in turn brought a lawsuit against multiple contractors who designed, installed and placed the drain. We worked closely with our engineering expert to establish that the drain was dangerous, violated applicable codes, and in fact was installed contrary to the drain manufacturer’s specifications.

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Vision Zero Revised for Better Crosswalk Protection
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Vision Zero Revised for Better Crosswalk Protection | Ron Katter

{2.40 minutes to read] As my previous blog explained, one of New York City’s Vision Zero’s objectives has been to reduce traffic injuries to cyclists. Pedestrian safety is another major goal. Mayor DeBlasio has just signed a law to strengthen pedestrians’ right-of-way in crosswalks. This change in the law should significantly reduce pedestrian injuries and deaths on New York City roads.

The original law made it a crime if a driver struck a pedestrian in the crosswalk, but only when the pedestrian had a white “WALK” signal facing them. If the walk signal light was flashing or the crossing timer was counting down at the time of the collision, criminal charges against drivers would be dismissed. As New Yorkers know, drivers are often aggressive with pedestrians in crosswalks. They challenge them and force them to stop crossing in the middle of the intersection.  

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New York City Mass Transit Safety
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Sadly, the news has been flooded over the last year with tragic train accidents and bus accidents. In New York, millions of people every day rely on public transportation to get them back and forth to work, to visit their families and for every aspect of their lives. We take safety for granted and for that reason our train operators, bus operators and conductors must be trained and educated with the best technology and every resource available to insure the public’s safety.

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A Look Back at Our Summer Successes
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A Look Back at Our Summer Successes

As we begin the fall season, we’d like to take a look back at some of our summer success stories. We look back on each case and continue to develop new cutting edge strategies to best achieve compensation for our clients. A look back is often the best way to see ahead and achieve justice. A motor vehicle accident resulted in a $650,000 reward in Nassau County Supreme Court. The firm successfully litigated a claim for damages for a client who was injured in a car crash in Nassau County.

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New CMS Rule Eliminates Nursing Homes’ Unfair Legal Advantage
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New CMS Rule Eliminates Nursing Homes’ Unfair Legal Advantage | Ron Katter

In September, the Center for Medicare and Medicaid Services (CMS) issued a new rule which prohibits  nursing homes and long-term care facilities from forcing patients and their families into private arbitration. This rule goes into effect in November 2016.

Up until now, long-term care facilities routinely inserted mandatory arbitration clauses in their admission paperwork. This meant that any claim that a patient had with a facility about mistreatment, malpractice, or even billing could never be resolved in a court of law. Instead, the patient had to submit to a private,  arbitration to seek relief. This system allowed nursing home cronies to decide the cases and also kept nursing home abuse secret.

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Actonel Femure Fracture Side Effects
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Actonel (risedronate sodium) was approved in the United States in 1998 for the treatment of osteoporosis and Paget's disease. While most users are given the drug for many years, recent studies and adverse event reports suggest that long-term use of the drug may increase the risk of low-energy bone fractures, most commonly involving the thigh bone or femur.

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Ins and Outs of New York Insurance
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Ins and Outs of New York Insurance | Howard Raphaelson

When you go to get car insurance in New York, it can be difficult to understand what your options are, and you may not always get a full explanation on what type of car insurance you can get from the insurance company. Uninsured and Supplementary Underinsured (UIM/SUM) Provisions All New York automobile policies require uninsured and supplementary underinsured (UIM/SUM) provisions.

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NYC to Require Side Guard Rails on Commercial Trucks by 2024
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Densely populated cities like New York City pose many challenges with regard to transportation and safety. With millions of residents, commuters and visitors crowding New York City’s streets on a daily basis, it’s imperative that city planners and administrators work to ensure for the safety of all drivers, bicyclists and pedestrians.

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Success for an Injured Elderly Woman
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Success for an Injured Elderly Woman | Howard Raphaelson

We’re happy to share a recent success story from one of our clients: Our client, an elderly woman from Brooklyn, fell in front of a bank due to a defective sidewalk. She sustained injuries to her ankle and both shoulders. The defendants in the case initially denied any wrongdoing. We sued them in court, and over the course of extensive litigation, we were able to prove that the defendants were negligent.

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3 Dead in Commuter NJ Transit Train Accident at Hoboken Station
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Today’s Train accident in Hoboken was a horrible tragedy and reports are that more than 100 people have been injured. There has also sadly been a report of three deaths. Our region has faced some very sad news in the last few weeks. Although we all understand that unfortunately accidents are not something that can be avoided and although sad are part of everyone’s life, a horrible accident like this morning’s train accident will affect many families and many people in our region.

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Nursing Home Abuse & Neglect
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Nursing Home Abuse & Neglect | Howard Raphaelson

When admitting a loved one to a nursing home, we enter into a sacred trust with the facility and its caretakers. We fully expect that our loved ones will be properly cared for and always treated with dignity and respect. Unfortunately, negligence and outright abuse in nursing homes is far too common. Although many state and federal regulations have been established to protect nursing home residents, gross violations occur every single day, tragically compromising the health, well-being, and dignity of some of our society's most vulnerable members.

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The Plaintiff’s Personal Injury Glossary of Terms (Part 1): Know the Basics!
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The Plaintiff’s Personal Injury Glossary of Terms (Part 1): Know the Basics! | Ron Katter

{2:10 minutes to read} When an individual is injured and believes that someone else is responsible, they often seek an attorney's advice on what to do. This article is an introduction to terms and concepts that apply to personal injury cases. It is intended to help people better understand the discussions that may take place with an attorney so that they can decide how to move forward.

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What Is No Fault Insurance?
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What Is No Fault Insurance? | Howard Raphaelson

If you are riding a bike in New York and get in an accident with a motor vehicle you are entitled to no-fault insurance. No-fault insurance can pay up to $50,000 to cover your medical bills, lost wages, and certain out-of-pocket expenses. You must submit a no-fault application within 30 days of the accident to the insurance company of the vehicle that hit you to receive the no-fault insurance benefits.

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Crash, Not Accident: How to Survive the Subliminal Name-Game
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Crash, Not Accident: How to Survive the Subliminal Name-Game |Ron Katter

{2:40 minutes to read) Until recently, insurance companies, as well as industrial and manufacturing companies, have been unchallenged in their long-term effort to replace the word “crash” with the word “accident.”

Name Games

The “crash vs. accident” name-game began around the turn of the last century. Before the labor movement asserted workers rights, when factory workers were injured as the result of an unsafe machine, employers called those events “accidents.” Manufacturers would report “an accident” rather than admit that it was their lax oversight or dangerous job that caused a worker to get injured.

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Raphaelson & Levine’s Perseverance
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Raphaelson & Levine's Perseverance | Howard Raphaelson

Raphaelson & Levine’s perseverance pays off against the New York City Transit Authority. We recently represented a bus passenger who was injured when the bus struck an open car door of a parked vehicle. The New York City Transit Authority (NYCTA) stalled and delayed (as they are known to do) the case for eight years, the entire time denying fault for the accident.

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No-Fault Benefits: Know Your Rights
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No-Fault Benefits: Know Your Rights | Howard Raphaelson

Anytime someone in New York State is involved in a motor vehicle crash, they are entitled to no-fault benefits. This means, no matter who is at fault for the crash, hence the word "no-fault," the injured person can immediately receive $50,000 of medical benefits and lost wages (capped at $2,000 per month for wages).

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NYC Cyclists: Be Clear-eyed About Vision Zero!
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NYC Cyclists: Be Clear-eyed About Vision Zero! | Ron Katter

{2:40 minutes to read) Summer’s here. Riding a Citi Bike? Get a helmet!

Biking can be a great way to see the New York City sights and to get around town. In 2013, New York City rolled out the Citi Bike Program. It features thousands of bikes for public use, in hundreds of stations—available 24/7—all across New York City.

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How Many Children Have to Die for a Furniture Company to Take Action?
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How Many Children Have to Die for a Furniture Company to Take Action? | Howard Raphaelson

Clearly if you are IKEA, the answer is 6 children, all under the age of 4, spanning a nearly 30-year period. The Consumer Product Safety Commission Chairman said, "Enough is enough," and noted that the dressers in question are "inherently very dangerous and unstable products if children are around them."

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Raphaelson and Levine Lobbying in Albany
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Raphaelson and Levine Lobbying in Albany | Howard Raphaelson

Every law in New York is passed in our state capitol in Albany, and every year Raphaelson and Levine travel there to fight for the rights of accident victims. Unfortunately, there are many people and powerful industries that fight to limit accident victims' rights in New York. The toughest opponents to accident victims rights are greedy insurance companies that want to increase premiums, line their pockets with profits and not pay on claims.

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Involved in a Lawsuit? Here are 3 Tips for Testifying (Part 3)
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Involved in a Lawsuit? Here are 3 Tips for Testifying (Part 3)  | Ron Katter

{2:00 minutes to read} In my last article <link once published>, I shared a few tips to consider when preparing for a deposition. In this article I share the final tip below.

3. Witnesses need to keep their answers short and sweet.

Clients must make sure they understand the lawyer’s question before answering it; and answer as simply as possible.

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Involved in a Lawsuit? Here are 3 Tips for Testifying (Part 2)
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Involved in a Lawsuit? Here are 3 Tips for Testifying (Part 2) | Ron Katter

{1:30 minutes to read} My last article covered the basics of a deposition - what it is, why it is important and how your statements are used. To make your strongest case, keep these helpful tips in mind: 1. At a deposition witnesses must testify, truthfully, to what they remember. Parties are not expected to know every answer or to have an answer for every question. It’s possible to forget certain things. They should answer the questions they do know directly and simply.

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