Category: Personal Injury

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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Involved in a Lawsuit? Here are 3 Tips for Testifying (Part 1)
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Involved in a Lawsuit? Here are 3 Tips for Testifying (Part 1)  | Ron Katter

{6:00 minutes to read} A witness who is prepared will be the most effective witness for their own case. This advice may seem obvious, but it's not always followed by clients and their lawyers. This brief note will help you (and your lawyer) to testify successfully at a deposition and in turn to help your case.

Let’s start with the basics: What is a deposition and why is it important?

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Alert: Brain Injuries and Heart Defects in Newborns Linked to Parents’ Workplace Toxins
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Alert: Brain Injuries and Heart Defects in Newborns Linked to Parents' Workplace Toxins | Howard Raphaelson

The cause of brain-injured babies may be linked to toxins in the workplace of the mother or father. In Long Island and throughout New York, female and male workers are being regularly exposed to toxins in manufacturing plants and in agricultural fields. Metals, toxins, pesticide sprays, and other materials that workers are in contact with either directly or indirectly enter the blood stream and may be the cause of brain injuries and heart defects found in newborn babies.

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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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Switched at Death: A True Story of Major Bronx Funeral Home’s Mix-up
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Switched at Death: A True Story of Major Bronx Funeral Home’s Mix-up|Ron Katter

{2:35 minutes to read} Even for a Bronx and Brooklyn funeral home lawyer, I was shocked by reading this tragic story. In December 2015, a Bronx woman lost her battle with cancer, leaving behind eight sons, more than a dozen grandchildren, and several great-grandchildren. Her numerous friends and loved-ones came from as far away as Australia to attend her open-casket funeral.

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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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Deadly Legionnaires’ Disease Outbreak in Australia
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Deadly Legionnaires' Disease Outbreak in Australia | Ron Katter

{1:15 minutes to read} Legionnaires’ Disease is truly a global public health risk. In the latest outbreak, nine cases, with one death, occurred in Sydney, Australia. Australian health authorities have concluded the victims were exposed to Legionella bacteria in Sydney’s Central Business District. Although the health department reported that it believes the outbreak is over, it is still searching for the source. Despite the fact that there were regulations to try and prevent the spread of Legionnaires' Disease, there was still a deadly outbreak. Existing public health measures were not enough to stop the scourge of Legionnaire’s Disease. Governments worldwide must sponsor and encourage research by epidemiologists, infectious disease experts and industrial hygienists to identify and implement the most effective measures to prevent the next fatal Legionnaires' Outbreak.

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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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Are New York’s Nursing Home Regulators a Safety Backstop or an Industry Rubber Stamp?
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Are New York’s Nursing Home Regulators a Safety Backstop or an Industry Rubber Stamp? | Ron Katter

{3:40 minutes to read} Do New York’s nursing home regulators turn a blind-eye to nursing home mistreatment?

New Yorkers might assume that State of New York Department of Health reviews nursing home operators for past violations, before it allows them to operate a new home. One would think that operators with a history of poor patient care would not be allowed to continue to manage one nursing home, let alone many. Sadly, New York’s nursing home regulators don't seem to apply that common sense.

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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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What Can the Bronx Teach Michigan?
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What Can the Bronx Teach Michigan? | Ron Katter

{2:00 minutes to read} Every year, between 8,000-18,000 people are hospitalized with Legionnaires’ disease. Regrettably, local outbreaks are becoming more common. The different responses by officials in New York and Michigan are case studies of how public health authorities can make a difference in protecting people from this disease.

In the summer of 2015, dozens of individuals and families were sickened and harmed by an outbreak of Legionnaires’ disease in the Bronx, NY. While the number of reported victims was still rising, the New York State and City Departments of Health rapidly identified and eliminated the source of the outbreak. That action potentially saved many lives.

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6 Things You Should Know Before You Hire a Personal Injury Lawyer
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6 Things You Should Know Before You Hire a Personal Injury Lawyer|Ron Katter

{2:30 minutes to read} If you’ve been hurt in an accident, here are 6 important things you should know before you  hire a lawyer.    

  1. Do I have to pay a lawyer to see if I have a case?
Lawyers usually don't charge a fee to talk with you about a possible case.
  1. How will I pay a personal injury lawyer to represent me?  
Many experienced personal injury law firms, like mine, are hired on a contingency. That means the lawyer earns no legal fee unless and until they recover money for you. The legal fee is paid from that money.

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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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Why Do New Yorkers Need SUM Coverage?
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Why Do New Yorkers Need SUM Coverage? | Eric Bernstein

{2:10 minutes to read} Protect yourself and your family from the unthinkable. On the night of December 20, 2015, a young woman named Lakeisha Holloway drove her car onto a crowded sidewalk on the Las Vegas Strip, killing one person and injuring at least 30 more. This can happen anywhere and anytime. Holloway and her daughter had been living in her car. Sad but true. Even worse for the people, she injured and killed, we can reasonably assume that her motorist insurance, if any, was minimal.

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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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Social Media Abuse: Is Your Loved One a Victim?
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Social Media Abuse: Is Your Loved One a Victim? | Ron Katter

{3 minutes to read} Social media and smartphones are not only being used to share statuses and news with friends, they’re putting helpless loved ones at risk for humiliation, or even worse - abuse.

ProPublica, a public-interest news organization, recently documented dozens of incidents where nursing home staff took inappropriate photos and videos of patients naked, in staged embarrassing poses, and even their being physically assaulted.

ProPublica reviewed government inspection reports, court cases, and media reports of 35 incidents, which occurred in New York, California, Illinois, New Jersey, and many other states. Nearly half of the incidents reported exploit SnapChat - an online video messaging application.

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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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