New York’s wrongful death law is unfair and out of touch

New York is one of only a handful of states with a wrongful death statute that does not allow recovery for the suffering caused to family members over the tragic loss of their loved one.  Nor does it compensate them for certain other kinds of non-economic damages. In New York, under current law, compensation for the wrongful death of a loved one is largely limited to financial losses rather than emotional ones suffered by the family.  Family members can also seek damages for their loved one’s pain and suffering prior to death.  For example,...

The lawyer you choose will have a direct impact on the outcome of your case

When it comes to personal injury claims, the attorney you choose to represent you makes a difference. Relatively few lawyers have actually taken cases to trial and obtained verdicts to force insurance companies to pay more money than they wanted to. The lawyers at do that on a regular basis. In fact, Colin Campbell recently received statewide recognition in the New York Law Journal for obtaining two of the highest verdicts in the state in 2019. Insurance firms are experts at weighing risks. Their knowledge and...

October is Long-term Residents’ Rights Month

There are national awareness days and months for just about anything these days, and for good reason. Some things are worth bringing peoples’ attention to. October, for example, is Long-term Residents’ Rights Month. Considering the current state of many nursing homes in New York and across the country right now, it certainly seems an appropriate time to talk about some of the struggles this vulnerable population is facing. According to The National Consumer Voice for Quality Long-Term Care, this year’s theme for Residents’ Rights Month is...

What’s the difference between workers’ comp and a third-party claim?

Workplace injuries are a common occurrence across the state of New York. In 2018, the Bureau of Labor Statistics recorded 80,200 severe workplace injury and illness cases among private employers. That means they involved days away from work, a transfer or restrictions. Goods-producing businesses, such as in construction or natural resources, saw fairly high rates of these severe injuries. When a workplace injury leaves an individual with expensive medical bills and impacts their ability to earn a living, what options might they have for...

Why you should give commercial drivers more room

We all know that delivery services have gone up during 2020 for two big reasons: stay-at-home orders and people just generally buying into the convenience of shopping online. It’s common sense that there would be more truck drivers on the highways and residential streets. But with more of these large commercial vehicles using the roadways, what has that done to vehicle crashes? In March 2020, a report from the National Safety Council stated that fatal crashes have gone up nationally 14%, and crash fatalities are up 17% in New York. This is...

4 ways to advocate for a loved one in a nursing home

Not being able to see a loved one regularly when they are in a care facility can be stressful and worrisome. Knowing that many people are falling ill or dying from coronavirus and its complications only adds to this distress and worry about people you care about. As of May 3, 2020, 15 states have passed laws in an effort to protect nursing homes from being held accountable during the pandemic. New York is one of those states. ABC7NY news reported 20,000 deaths nationwide in nursing homes since the COVID-19 pandemic began. The health and care...

What kind of evidence can help your claim after a car crash?

Without evidence, the investigation into a car crash would likely involve just the conflicting accounts of the drivers involved. Evidence helps police officers and other parties, like insurance companies and the courts, know what actually happened during and after a wreck. Adequate documentation of what occurred at the time of the crash can make a big difference in the success of your claim for compensation and how much you are able to secure. Without the right evidence, you may struggle to make even an insurance claim, let alone bring a...

The pandemic is not an excuse for lax safety standards

Just a quick glance at headlines across the construction industry reveals a clear picture of a troubling situation. Despite COVID-19 prompting the shutdown of many projects, dangerous accidents at construction sites continue. The construction worker safety conversation has become all but lost amid discussion of the pandemic. But the continued existence and spread of COVID-19 is not an excuse for employers to ignore their worker safety responsibilities. Trainings must continue if possible Things are hectic right now. The Occupational Safety...

What might workplace safety training look like during the pandemic?

As workplaces continue to navigate the uncertainty of COVID-19, many employees remain worried about their own personal health. While the pandemic is indeed something that requires workers to take precautions, do not let it overshadow the basic, everyday dangers posed by certain jobs. Ladders remain a serious worry on construction sites. Railroad workers are still at risk of serious head or limb injuries. The same risks that were present prior to the coronavirus outbreak still exist today. Because of this, workplace safety requirements can’t...