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Scarzafava & Basdekis, PLLC Legal Blog

Why Are Catastrophic Injury Cases Often Settled Out of Court?

Personal injury cases are designed to compensate people for their injuries. In a best-case scenario, an injury can be immediately paid for, and everyone can move on. There are times, however, when the injury is so severe that someone will need financial benefits for a long time, maybe for the rest of their life. Such injuries are often classified as…

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Who Is Liable for Bicycle Injuries?

Depending on the circumstances, there are many possible individuals who could be held liable in a bicycle accident. According to the National Highway Traffic Safety Administration (NHTSA), biker accidents per year break down as follows: 30% were hit by a car. 17% fell while biking. 13% had an accident due to poor roadway conditions. 13% were classified as “rider error.”…

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The Financial Impact of a Spinal Cord Injury

A spinal cord injury, or an SCI, is terrifying. There are immediate concerns about a person’s ability to survive. Patients have difficulty recovering from these injuries. When a person lives through the experience, their lives can be forever changed. They may have loss of mobility or sensation, or they could have full paralysis in their limbs. Without question, an SCI…

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Can Peloton Be Held Liable for Their Recalled Treadmills?

Peloton, a company known for its exercise machines, recently recalled many of its treadmills in a highly publicized move. Reports of adults, children, and even pets being injured by the brand’s Tread and Tread+ machines made the news, and Peloton responded poorly; at first claiming that no one would be hurt as long as they used the treadmills correctly. Not…

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Who Can File a Wrongful Death Suit in New York?

Personal injury cases are designed to provide compensation to people who were hurt by someone else’s negligence. Unlike a criminal court, the defendant doesn’t serve jail time or community service if they lose. Instead, they will owe money to the plaintiff, the person suing them. Personal injury suits typically involve someone who survived their injuries, but this is not the…

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What Are FELA Claims & Who Is Covered?

The Federal Employers Liability Act (FELA) FELA predates workers’ compensation laws and was an act designed to protect injured railway workers specifically. Similar to today’s workers’ compensation laws, under the Federal Employers Liability Act, injured railway workers have the right to seek compensation for injuries suffered on the job through the court system. FELA covers several categories of injuries, including…

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What Causes Bicycle Accidents?

In recent years, cycling has become more popular. Not only does cycling offer health and fitness benefits, but many people are turning towards cycling to reduce their carbon footprint. Additionally, many cities are working to make their roadways more cyclist-friendly. However, with this increase in popularity, there has also been an increase in bicycle accidents. Some of the most common…

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What Makes an Injury Catastrophic?

The severity and long-term effects of an injury can make it catastrophic. In federal law (34 USC 10284), a catastrophic injury is “an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.” In plain terms, a catastrophic injury takes away your ability to work. Examples of catastrophic injuries include: Spinal cord injuries…

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