Scarzafava, Basdekis & Dadey, PLLCScarzafava, Basdekis & Dadey, PLLC2024-03-18T12:16:06Zhttps://www.personalinjurylawyersoneonta.com/feed/atom/WordPress/wp-content/uploads/sites/1502861/2022/05/cropped-site-identity-32x32.pngOn Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475662024-03-18T12:16:06Z2024-03-18T12:16:06ZLoss of consciousness
If someone is unconscious after a crash and people cannot wake them up, that is an indicator that they require emergency medical intervention. Even someone who passed out for a few seconds during or after a crash might potentially have a TBI.
Low-grade physical symptoms
The first symptoms that people may notice if they have a car crash TBI include nausea and headaches. Feeling sick to one's stomach or vomiting, especially if the sensation lingers for quite some time, can be an indicator of a brain injury. Chronic and worsening headaches are also warning signs of TBIs.
Sensory symptoms
People often report a variety of changes in their sensory experiences after brain injuries. Ringing in the ears or blurry vision can be an indicator of an injury to the brain. Changes in taste and smell are possible. Some people even experience slurred speech and cannot communicate well with others.
Cognitive symptoms
Someone with a brain injury may feel confused or forgetful. They may have a hard time for calling information that is usually easily accessible. Other times, they may notice a change in their overall mood or a shift in how they express their personality. Some people find it difficult to make decisions because of a brain injury. Any sudden or progressive changes in cognition can be indicators of a TBI.
Changes in physical function
A brain injury can affect someone's fine and gross motor skills. The way that they walk or their gait might change. Other times, people may develop fine motor skill issues that could affect their job performance or their favorite hobbies. Vertigo or difficulty maintaining a sense of balance can also occur after a brain injury.
A TBI can present different symptoms depending on a variety of factors. Anyone involved in a particularly violent crash, especially those who strike their heads, may require evaluation to determine the likelihood of a concussion or other TBI. Receiving a prompt diagnosis may help people get treatment and pursue compensation for car crash injuries. People who are familiar with TBI symptoms may find it easier to get the support they need after a collision.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475652024-02-07T12:28:34Z2024-02-07T12:28:34ZSomeone works a blue-collar job
Someone who works with their hands or spends their entire day on their feet might not be able to continue working until their broken bone heals. Depending on the location of the fracture, the age of the worker and other important details, it could take anywhere from six weeks to multiple months for that worker to return to full functional capabilities. A worker's lost wages while unable to perform their usual job could add up to far more than insurance can pay.
Someone doesn't heal normally
There is a standard physical process for treating a broken bone. Typically, medical professionals use imaging technology to locate the fracture. They might apply a rigid cast to immobilize the body part. Then, someone simply has to wait for the phone to slowly heal. Unfortunately, sometimes things go wrong during the healing process. The trauma of a fracture could lead to damage to someone's nervous system. People may develop complex regional pain syndrome (CRPS) after a fracture in rare cases. CRPS reduces someone's strength and range of motion and creates painful symptoms long after the initial broken bone technically heals.
Someone suffers an extreme fracture
Broken bones can range in severity from minor to catastrophic. A stable fracture where the bone only breaks in one location requires minimal medical intervention. Other fractures, like spiral fractures, involve the bone breaking into many irregular pieces. The person with the broken bone might require surgery and could have a much longer time before they fully recover. With more severe fractures, an individual might have a permanent reduction in functional capabilities because of the damage caused to the bone and surrounding tissues.
Although people are often eager to settle insurance claims as quickly as possible after a crash, that is not necessarily the best solution. Calculating the likely financial impact an injury may have on someone's life could help them negotiate more appropriate compensation arrangements for a crash-related broken bone.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475642024-01-18T23:21:08Z2024-01-18T23:21:08Ztypes of damages that can be claimed in a wrongful death lawsuit is essential for those considering legal action under such tragic circumstances.
Economic damages
Economic damages are measurable financial losses resulting from the death. These can include medical expenses incurred before the death, funeral and burial costs, loss of the decedent’s expected earnings, loss of benefits such as medical coverage or pension plans and the value of goods and services the decedent would have provided.
Non-economic damages
Non-economic damages are more subjective and are intended to compensate for the intangible losses suffered by the survivors. These can encompass loss of companionship, care and guidance. It can also include mental anguish or pain and suffering experienced by the survivors due to the loss of their loved one.
Punitive damages
In some cases, punitive damages may be awarded. These aren’t tied to a specific loss suffered by the survivors but are intended to punish the defendant for their negligence or misconduct and to deter similar behaviors in the future. However, punitive damages are only possible in very specific circumstances in Delaware and New York.
Who can file a wrongful death claim
There are limitations to who can file a wrongful death claim. Typically, immediate family members like spouses and children, including adopted children, and parents of unmarried children can file a wrongful death claim.
In certain cases, others financially dependent on the decedent, like life partners or dependents, might have the standing to sue. Generally, the claim is filed by a representative of the decedent’s estate, often on behalf of surviving family members affected by the death.
Filing a wrongful death claim is a complex undertaking. Working with someone familiar with jurisdictional laws and requirements for accomplishing this aim may help to reduce the stress from the individuals who want to file. This can enable them to focus on healing from their loss.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475582023-11-20T16:30:53Z2023-11-20T16:30:53ZWhy do sidewalk trip-and-falls occur?
A sidewalk should be a smooth and even walking surface. The need to adjust for changes in elevation is one reason why sidewalks consist of many small pieces of cement. However, factors ranging from frost heave to root incursion can make sections of sidewalks uneven. Sometimes, age and stress lead to a section of sidewalk breaking into multiple pieces.
When one section of sidewalk is far higher or lower than the section next to it, there is a risk that pedestrians could trip and fall. Anyone is susceptible to such circumstances, but poorly-maintained sidewalk is particularly dangerous for those in wheelchairs and on crutches. People may not be able to see the uneven surfaces and could end up breaking bones, suffering brain injuries or even rolling into traffic because of the condition of the sidewalk.
Who is liable for a sidewalk trip-and-fall?
Most municipalities, including Oneonta, New York, have very clear rules for sidewalk maintenance. Typically, it is the responsibility of the adjacent property owner to care for the sidewalk. Not only do they need to remove snow and ice as it accumulates, but they also need to repair damaged sections of sidewalk.
They may need to hire professional services to replace uneven or crumbling sections of sidewalk. The failure to do so puts the property owner at risk of liability should someone trip and fall on the sidewalk that is adjacent to their property. Those hurt by uneven sidewalk may choose to pursue a premises liability lawsuit against the property owner.
Learning more about rules in New York can help people determine if they have grounds upon which to pursue legal action after sustaining an injury on someone else's property.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475572023-11-09T13:26:26Z2023-11-09T13:26:26ZGrowing bodies may require special treatment
The treatment required after a medical incident for a minor will often be far more expensive than similar care for an adult because parents will need to obtain medical support from specialists instead of general practitioners. Numerous injuries that would be minor in adults could prove quite serious for children. A simple broken bone, for example, could require extensive medical support. A break in the wrong location could damage the growth plate, which might lead to uneven or delayed physical development.
Scars can very easily develop
Wounds that would be insignificant on an adult could lead to disfiguring scars for children. The scar tissue can become more pronounced as a child grows. If a child needs to undergo corrective medical procedures, they may need to re-treat the same area every few years until they finally finished developing physically. Not only do children often need more intensive treatment initially to prevent scar formation, but they may require more repeat treatments than adults with similar injuries would need.
Parents may lose out on wages
A child's serious injury will possibly keep them out of school for several days or even a few weeks. Parents may not be able to hire the child care professionals they would need in that scenario due to limited household income. They may also prefer to provide medical support themselves rather than outsourcing it to a stranger. Child care and nursing expenses can add up to thousands in the weeks after a child's injury. If a parent provides those services that no cost to the family, the household will lose out on their wages during that time.
Those responding to an incident that has left their child seriously injured need to evaluate their circumstances carefully to better ensure that they obtain an appropriate amount of compensation given the impact that the injuries will have on their family. Seeking legal guidance is a good way to get started.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475562023-09-19T12:54:23Z2023-09-19T12:54:23ZWhat exactly is whiplash?
Whiplash is an injury to the neck and possibly also to the shoulders and upper back caused by rapid motions during a car crash. Whiplash is particularly common in rear-end incidents where the vehicle struck was already stopped or moving very slowly. The motion causes tension and inflammation to the musculature and connective tissue in the neck, which then results in severe pain, reduced range of motion and reduced strength. People may not be able to turn their heads or lift their arms when they have whiplash.
Whiplash can be a very serious issue
Many people with whiplash won't notice any symptoms after the crash occurs because it takes a while for the body to react to the initial injury. It may only be the next morning when they wake up with severe pain and a throbbing headache that they realize there is something wrong. Some people will improve with rest and treatments after a few weeks. Others may have symptoms that last for months.
Whiplash can prevent someone from working and could result in thousands of dollars in medical expenses. Physical therapy, prescription medication for pain and muscle relaxation and other forms of care could add up to tens of thousands of dollars, particularly in severe cases. People may also have lost wages to consider, as they may need to take an extended leave of absence until their symptoms subside. More serious cases of whiplash may actually produce medical costs and lost wages that go far beyond what insurance will pay, leaving someone in need of additional financial support.
Pursuing a personal injury lawsuit may be a necessary step for those struggling with the financial consequences of a recent car crash and the whiplash it caused. If another’s negligence or intentional actions caused the crash in question, victims may be entitled to significant compensation for their whiplash treatment and other losses.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475552023-08-09T20:29:46Z2023-08-15T20:28:46Z#1: Get medical care.
First, take care of the child. If the bite broke the skin, it is probably a good idea to seek medical care. Dog’s mouths, just like any other mouth, can contain bacteria and there is a risk of infection. Medical professionals note that these types of injuries often require medical treatment. The treatment will vary depending on the severity of the bite and can include use of antibiotics, stitches, or even additional surgical interventions.
#2: Gather information.
If the dog was the neighbor’s, you likely already have their contact information. If they were watching the dog, get the dog’s owners information as well. Keep copies of medical records and bills. Take photos of the injury and consider writing down a brief description of what happened for future reference.
You will likely need to report the bite to authorities as well.
#3: Consider accountability.
There is a high likelihood that your neighbor is responsible for the dog attack. New York is a bit more complicated than other states because there are rules at the state as well as county and city levels that can impact your options. It is a good idea to reach out to legal counsel to review the situation and provide guidance, so you understand your options.
]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475532023-08-09T16:34:58Z2023-08-11T16:33:37Zvehicles can weigh from 35,000 pounds empty to 80,000 pounds fully loaded. This translates to a massive force when moving at highway speeds. If this vehicle cannot complete a stop before a collision, that force is transferred to whatever it hits.
This means anyone in its way can face serious, often catastrophic, injuries.
So, those of us that see these massive big rigs on the road and have a moment of pause are not overly cautious but wise. We can take this wisdom a step further and take steps to reduce the risk that our vehicle is involved in a crash with one of these trucks. The Federal Motor Carrier Safety Administration (FMCSA) has dug into the issue and put together a document of tips to reduce the risk of a crash. Some of the more helpful tips include:
Know where you are. The driver of a big rig does not have the same visibility that you do. Know where you are in relation to the truck and try to stay out of its blind spots. If the driver can see you, they will work to avoid you. Keep the same in mind when passing a truck, try not to cut it too close.
Practice patience. This is a good general rule but holds especially true when navigating traffic with commercial trucks. These drivers are often operating under various restrictions, which could include speed limitations. Try not to get too frustrated if the truck seems slow compared to the rest of traffic.
Recognize the truck’s limitations. As noted above, they do not stop quickly so give them plenty of space. Also, note that they make wide turns. Give extra space to accommodate the need for more room if coming up to an intersection or traffic circle.
The remainder of tips are basic rules of the road: do not drink and drive or drive distracted and make sure to buckle up. When we put all of these tips together we can greatly mitigate the risk of a dangerous and potentially deadly crash.
]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475512023-08-09T19:23:07Z2023-08-09T19:22:43ZThird party injury claims
For most workers, the one responsible for compensating them after they are injured at their job is their employer, and under workers' compensation law workers cannot sue their employer. Instead, they are entitled to compensation under the employer's workers' compensation insurance. However, there are times when someone else besides the employer shares responsibility for the worker's injury.
When a third party was at least partially responsible for the injury that you suffered at work, you are allowed to file a lawsuit against them as a third-party claim, separate from your workers' compensation claim. This can apply in a wide range of situations or accidents that can happen at work, such as:
Driving a commercial vehicle and you are hit by another driver
Working at your job and a customer creates a dangerous condition that causes your accident
You were injured directly by a customer during the course of your duties, such as bartending or security
These are just a few examples of the types of cases where you would still be permitted to file a lawsuit despite also being covered by your employer's workers' compensation insurance.
Is a third party injury claim different from a normal lawsuit?
The answer is no, a third party injury claim is no different than a regular personal injury lawsuit. You will still need an attorney who can litigate the case for you, the only true difference is that your employer will not be a party that faces potential liability in that lawsuit. They may still have a role as an interested party against the individual who harmed you, but you will not be attempting to get money from them as a part of that lawsuit.]]>On Behalf of Scarzafava, Basdekis & Dadey, PLLChttps://www.personalinjurylawyersoneonta.com/?p=475522023-08-09T17:12:21Z2023-08-09T16:30:56ZQuestion #1: Does the law require helmets?
To answer this question, it is best to start with a better understanding of the law. The law requires anyone who rides a motorcycle to wear a helmet that meets the requirements of section 571.218 of the federal motor vehicle safety standards.
This answers the first part of the question: the law requires motorcycle riders use helmets.
Question #2: Will this impact my claim?
To answer the next part of the question it helps to know that the legal theory of negligence generally guides these types of claims. Negligence essentially refers to a failure to act with care. When it comes to motorcycle and car accidents, state law requires all drivers operate with care.
Now here is where it gets interesting. It may seem cut and dry — no helmet, legal violation, no claim. But it is not that clear. This is in part because New York law recognizes each driver may have had some degree of carelessness that contributed to the crash. This is referred to as comparative negligence.
Now, lets take this information and circle back to the question. Not wearing a helmet could impact the claim based on the application of comparative negligence. However, because each driver has some level of responsibility, the other driver may be partially responsible for the crash and the claim may still be valid. If the other driver was drunk, distracted, or otherwise careless they likely bear some responsibility. An attorney experienced in this niche area of personal injury can review the case and discuss your options.]]>