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Pedestrian -Car Accidents In The Middle of The Block—Who’s Responsible?

When a car and a pedestrian collide, the car wins—thousands of pounds of metal can cause serious and catastrophic injuries, even at very slow speeds. When the accident occurs in a crosswalk, where the pedestrian has the right-of-way, or where the motorist runs a stop sign or stop light, there may be little question of liability. But what happens when a pedestrian crosses the road in the middle of a block? Is the pedestrian out of luck because he or she didn't cross at the corner? Can the motorist still be held accountable? The Principle of Comparative Negligence New York is a comparative negligence State. Under comparative negligence, the jury determines the total amount of damages that an injured person is entitled to, and then apportions responsibility for the accident between the parties. The total damage award is then reduced by the percentage of liability attributed to the plaintiff (injured party). With respect to a pedestrian accident in the middle of a block, the jury … [Read more...]

Three Week Construction Accident Trial Results In $2.75 Million Dollar Settlement

Jacob Oresky & Associates, pllc represented a construction worker that was injured in a 20 foot fall from a suspension scaffold in a Brooklyn jury trial. The plaintiff at the time of his accident had been performing pointing work, when the scaffold he was working on collapsed. Building inspectors that visited the accident scene shortly after the accident found that the scaffold was improperly constructed. The employer disputed how the accident occurred, and claimed that the plaintiff did not fall off of the scaffold. There were no eyewitnesses to the accident, and the testimony from each side was highly disputed. After three weeks of testimony, and compelling closing arguments, the insurance carriers for the defendants settled for $2.75 Million Dollars. … [Read more...]

5 Week Long Trial in Brooklyn Ends with Nearly $2 Million Verdict for Nurse’s Aid with Soft Tissue Injuries from Van Accident

Our client suffered soft tissue injuries to her knee, neck and back as a back seat passenger in a rear end van accident. Both the insurance company and the lawyers for the defendants insisted that any recovery for her soft tissue injuries would be minimal. We fought hard for our client during nearly five weeks of trial, and the jury awarded her $1,943,000 in compensation. The jury felt that her pain and suffering alone was worth $1.8 million. If you sustain soft tissue injuries in an accident, don’t let the insurance companies convince you that you have to accept their minimal settlement offers. Having an attorney with the knowledge and experience in handling these types of cases can make all of the difference in the world. Contact Experienced New York Motor Vehicle Accident Injury Attorney Jacob Oresky If you or someone you love has been hurt in a motor vehicle accident, the law offices of Jacob Oresky can help. For a free case evaluation, contact us online or call our … [Read more...]

Why It’s Essential That You Seek Medical Care Immediately after a Motor Vehicle Accident

Why It's Essential That You Seek Medical Care Immediately after a Motor Vehicle Accident Whether you've been in a serious auto accident or a fender-bender, if injured, it's critical that you seek medical treatment as soon as possible after the accident. Don't think that because you're still moving under your own power that you won't experience debilitating injuries as a result of the crash. Whether it's a trip to the emergency room at the hospital, a stop at an urgent care facility, or a visit to your family doctor, the sooner you seek medical care the better. Its always better to get checked out.  Here are some of the reasons why. With Early Detection You'll Have a Better Chance at a Full Physical Recovery Medical professionals agree that the sooner you get treatment after a motor vehicle accident, the greater the likelihood that you'll maximize your recovery from any injuries. With traumatic injuries, time can often be of the essence. The sooner you seek treatment, the … [Read more...]

Are You Limited to Workers’ Compensation after a Construction Site Injury?

Are You Limited to Workers' Compensation after a Construction Site Injury?   When you have been hurt on a residential or commercial construction site, one of your first steps will typically be to file for benefits under New York Workers' Compensation laws. A good question to ask is whether this is your only recourse after an accident on a construction project? What other options may be available to you? The Purpose of Workers' Compensation The New York Workers' Compensation laws were enacted with the stated purpose of benefiting both workers and employers. As an injured worker, you don't have to go through the time and expense of a trial…if your application is approved, you can start to receive benefits within a few weeks. But there's a concession y—the amount you can receive to compensate you for your losses is limited under the Workers' Compensation laws. That's the real benefit to employers—they don't have to worry about a large jury verdict. Workers' … [Read more...]