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Testimonial
Massive Meat Recall For Cargill Meat Solutions
25
Sep 2018
by Paula Pinto

Just recently we published an article about food poisoning and the harmful- sometimes fatal bacteria in food that causes it. Such is the case now when over 132,600 pounds of ground beef from Cargill Meat Solutions has been recalled because of an outbreak of E.coli. The recall was issued by the US Department of Agriculture.  

As of now eighteen people have become ill from the E.coli in their beef. Sadly, one of those affected, died.

People in the states of Florida, Massachusetts, Tennessee and Colorado started getting sick in July. The USDA inspection mark on the package says “EST. 86R” inside. It is important to note because the products were nationally distributed.

The US Center For Disease Control and Prevention stated that within three days of consuming food with this bacteria people get sick but sometimes symptoms can start anywhere up to ten days later.

Due to the bacteria they have ingested they can experience diarrhea, fever, vomiting, blood in stool and in some cases it can lead to kidney failure. Kidney failure occurs in approximately 5-10% of people who have become ill from E.coli.

Again in August there was another recall for meat that was distributed from the same company to the store, Publix.

The USDA’s Food Safety and Inspection Service “is concerned that some product may be frozen and in consumers’ freezers. Consumers who have purchased these products are urged not to consume them. These products should be thrown away or returned to the place of purchase,” said the recall announcement.

USDA urged consumers to utilize a meat thermometer to make sure that meat has an internal temperature of 160 degrees Fahrenheit. Bacteria is said to be killed at that temperature but with a chance of such illness or mortality- it’s not ideal many should chance it.

According to the World Health Organization  E. coli  is transmitted to humans primarily through consumption of contaminated foods, such as raw or undercooked ground meat products and raw milk. Faecal contamination of water and other foods, as well as cross-contamination during food preparation (with beef and other meat products, contaminated surfaces and kitchen utensils), will also lead to infection. Examples of foods implicated in outbreaks of E. coli include undercooked hamburgers, dried cured salami, unpasteurized fresh-pressed apple cider, yogurt, and cheese made from raw milk.

In order to prevent E.coli it must follow a chain of action to properly being handled in agricultural production and on the farm processing to how manufacturers tend to it and the preparation of it in supermarkets, restaurants and even at home.

It is urgent that if you are feeling ill with symptoms that are the same or similar to that which was mentioned above- seek medical treatment immediately. Do not ignore these symptoms. The best way to see what type of treatment is available is to seek the advice of a medical professional. It is not worth chancing such symptoms and ignoring what is occurring by trying to treat it on your own.

Potential Affects of Medicaid and Medicare In Your Injury Settlement
Sep 2018
by Yuriy Prakhin

When you are injured you need medical treatment and the notion that you can jeopardize the money that pays for your injuries is not even a thought. However, if you are receiving Medicaid there’s no sure way to know what will happen to your insurance after your case settlement. There are some options that you should be aware of.

Due to the fact that Medicaid is provided medical insurance is free coverage for those who receive a low income or none at all, a personal injury settlement can stop them from deeming you eligible any longer. Also, Medicaid may want to reimbursed for your treatments that were covered by them.

In many cases a lien can be placed on an injury settlement to protect their rights to reimburse you. The reimbursement demand would be the money they paid from the date on your injury until your settlement was complete.

If a personal injury is not settled quickly the money Medicaid has paid out will continue to rise. The law entails that a lien is to be resolved following the payment of attorney fees and before the injured person is compensated. By law, the lien must be resolved after the attorney’s fees and expenses are paid, and before the settlement is paid to the injured person. Keep a record of what has been paid for medical treatments so that you are not paying more than you have to insurance.

Special Need Trusts will usually enable a person with a disability to continue to receive Medicaid. In order to qualify for SNT the disabled person must be under 65 years old. You can research SNT on the internet to understand what it entails and its benefits.

Due to the usual process an injury case consists of and the complications that can arise, it’s important to be contact with your attorney as to discuss your case and how to best handle questions that your insurance company may inquire about. If you receive any from and are not certain how to answer them, this must also be discussed with your lawyer.

Just as With Medicaid, the same pretty much applies to Medicare recipients also.  If you’re injured you should contact them immediately and tell them about it.

Your lawyer will have to contact Medicare when your case is settled and they will send all of the expenses to your lawyer for medical bills. Neither your nor your lawyer will be able to negotiate regarding their expected reimbursement. You have to reimburse Medicare for all medical expenses it paid for you. The federal law does not allow them to accept negotiations so trying is pointless.

Settlements aren’t always so black so you may want to contact Medicaid and Medicare regarding injuries and expenses right after it’s happened. Have them send you material about injuries and their detailed guidelines regarding them.

Consumers and Liability Law- what you Ought to Know
Sep 2018
by Yuriy Prakhin

When a consumer purchases a product they assume that is safe for use. Unfortunately that’s not always the case and everyday there are numerous injuries because of defected products.

When someone is hurt due to a product we expect that the consumer will be held responsible however liability laws can be complex. There are variables that are presented with product liabilities.

The reason why it is not so cut and dry when it comes to consumer injury cases is because there of the factors regarding the product. For instance, manufacturing errors is when a product is defected because of an error when it was being made and design defect is when the product is made correctly, but the design isn’t. Design defect is much harder to prove. There’s also a failure to warn law which is when the product isn’t defected due to error when it was made or design but it didn’t provide accurate warnings regarding the product and therefore consumers didn’t think it was dangerous.

If a plaintiff has a chance at winning a product liability case, they have to be able to show that there was negligence on behalf of the manufacturer or merchandiser who sold the product. So be sure to gather information by researching the product.

If you have been hurt by a defective product, be sure to see if a recall for the product was issued. Look to see if the product is listed on the Consumer Product Safety Commission.

Next, contact an attorney that is well informed about product liability laws because they will be best at helping you through the process and determining if you have a case. You will want to discuss with the attorney if you can be compensated for your injury, be paid for lost wages, have your medical costs covered or any other problems you’ve faced because of your injury. If you have visited a doctor (which you should following an injury) explain to your attorney what your doctor has stated regarding your injury. Will you need more time off from work, physical therapy, occupational therapy, surgery etc. Be sure to have copies of what your doctor has labeled your injury as well as any information from a specialist if you had to follow up with one. Keep all records of paperwork.

Last but not least, do not get rid of the defective product. If you are involved in a case you will want to show evidence of the very thing that injured you. You’ll want to have pictures of the product and your injury right after if happened. It’s hard to fight facts! When the defendant sees something that was poorly made and held great potential to be dangerous, there’s a better chance of the plaintiff having the upper hand.

Again, product liability cases aren’t easy but with the help of a lawyer you can see if you have one that is strong enough to pursue. The reasons why laws are put in place are to be followed and failing to do so when it comes to products and other things, it can lead to danger that could’ve been prevented.

What Is The Purpose of A Deposition- Some Things To Know Before You Meet
Sep 2018
by Yuriy Prakhin

A deposition is when a plaintiff meets with the defendant’s attorney to discuss facts regarding the case. The opposing side’s attorney will ask questions to gather information regarding the case. During this meeting the plaintiff’s attorney is present as well a stenographer (court reporter) that transcribes the meeting.

 

The reason that there must be a deposition is because when you file for a personal injury lawsuit the defendant’s attorney can ask you questions that will provide them with information, if the case isn’t settled outside of court. The attorney will most likely ask questions regarding your name, where you live, when you were born, who consists of your family, where you work or have worked, outside activities, volunteer work if any and other personal questions. The attorney will also inquire whether or not you had previous injuries prior to the present accident. For instance, if you broke your foot, have you sprained fractured or broke your foot in the past. Did you have trouble walking with that foot or have pain in it before your accident or was it strictly due to the accident.

They’ll inquire about where the accident occurred, who was there, did you talk to anyone immediately following the accident etc. Did you have to go to the hospital immediately following the accident or did you see your doctor? Did you have to follow up with a specialist, receive treatment for the injury and/or be absent from work because of the injury? Has it caused you to lose wages? Etc.

Some people are injured to the point of being unable to function as they did prior to the accident. Perhaps they are crippled now and their life drastically changed as far as where they can go, how they can get there, their inability to walk up stairs, etc. Injuries also result in emotional distress sometimes which can be post traumatic stress disorder, insomnia, anxiety, depression etc.

Before answering any of the questions noted above and others, the court reporter will have you take an oath. This is swearing that you are telling the truth.

During questioning you are allowed to take a break if needed, you’re able to ask the attorney to simplify a question if you don’t understand what he’s asking. Don’t speak at the same time because the court reporter won’t be able to clearly take notes. Once the question and answers begin you are not allowed to talk to your attorney however your attorney can object a question that you’re asked. Should he do so remain silent until directed to proceed. This objection is really for the record of the court reporter because the judge isn’t there. So it shouldn’t catch you by surprise if you lawyer tells you that you can answer his question following his objection.

Please remember that your deposition isn’t nor should it be a conversation with the defendant’s lawyer. You don’t have to provide details that you’d rather discuss in court. It is the attorney asking you a question and you answering. Anything more than that can be discussed with your lawyer during your private meetings and in court.

A man fell and broke his leg in a poorly lit laundry room
Sep 2018
by Yuriy Prakhin

Q: Two months ago I went down to a laundry room in the basement of our house. My wife didn’t feel well that day, and I decided to help her to do laundry. It was semi-dark in the basement, and the floor was freshly painted in a dark color. Therefore, I was not able to notice the unevenness between tiles on the floor, stumbled, fell down, and broke my leg. Can I get any compensation from the house owner for my suffering? That difference in height between tiles was almost an inch!

A: Yes, you can obtain material compensation for your pain and suffering by taking legal action. A height difference of more than half an inch between tiles is considered dangerous, and it’s a basis for filing a lawsuit against the landlord. Also, it will be necessary to prove that the owner of the house or his representatives (a superintendent or other employees) knew or should have known about the existence of that defect. This fact, of course, is usually denied by the landlord. You mentioned that the floor was freshly painted, which means that the person who painted it probably saw the unevenness and had to report it. Besides of that, poor lighting can also be proven by experts. Thus, don’t waste your time; come to our office, and we will help you to file a lawsuit.

What You May Or May Not Know About No-Fault Insurance
21
Sep 2018
by Yuriy Prakhin

There are so many technicalities when it comes to insurance that some aren’t researched until after an accident happens and that is when it could cost you.

In New York No-fault Insurance is for all kinds of auto accidents except motorcycles and scooters. This insurance can’t be used towards that under any circumstance. It does apply to a pedestrian that could be struck crossing a street or someone hit by a car while riding a bicycle.  

No-fault insurance can be extremely beneficial to someone injured in an accident. In New York it covers up to $50,000 for your medical care, loss of compensation from work and can be utilized to pay for some household needs.

However, while $50,000 seems like a large sum think of what it would cost if you had to receive medical treatments for months after a stay at the hospital? It would deplete insurance very fast! Imagine if it’s very severe injury and you’re hospitalized for weeks… possibly months. Your No-fault insurance is NOT going to cover that. However, some insurance companies fail to tell their customers that they can get a higher no-fault coverage for over $50,000. It can be purchased for a decent price.

Why don’t many know that this is available for them? Many insurance companies don’t want to provide the money you would need for greater no-fault insurance. Therefore, if you file for it make sure that you file a claim by your deadline and read the fine print to avoid any mistakes because it will take little for them to deny you. For the best possible advice on how to go about this, it is best to speak to a lawyer. If you have been in an accident they can tell you if you also qualify for a personal injury suit based on other factors.

It is far better to know what is best for you than to risk having hefty bills on top of injuries because you didn’t know what you were entitled to.

Medical malpractice
Sep 2018
by Yuriy Prakhin

When getting sick, we usually hurry to see a doctor and truly believe that we will get the help we require. In most cases it works: Once properly diagnosed, we get a treatment that leads to our recovery. But what to do when you are following the doctor’s instructions, and your condition is getting worse? What to do when you try to discuss that issue with your doctor, but he is ignoring your complaints and fears? The best you can do is to seek a second opinion. By comparing doctors’ approaches, you will be able to evaluate the quality of medical care you had. If you are still sure that you became a victim of malpractice, talk to a lawyer who specializes in this type of cases.

How to determine if I have a medical malpractice case?

First of all, you should know that the dissatisfaction with the result of treatment doesn’t mean malpractice. There are many conditions and diseases that are difficult to treat, and complications can occur at any step of the treatment. In the USA, all medical providers have to follow the “standard of care” in the treatment of patients. It is a set of rules not just for doctors but for all staff of any medical facility, including nurses, assistants, and pharmacists. These rules are different from state to state, but the main idea is the same. If a medical error, negligence, omission to take adequate action, or provide an appropriate treatment leads to harm, injury, or death of a patient, it is medical malpractice.

In order to pursue a medical malpractice lawsuit, the existence of several factors has to be proven:

  • The medical provider didn’t adhere to the “standard of care”
  • The patient was injured due to the negligence of the medical provider
  • The injury lead to significant damage, such as suffering, disability, loss of income

Most common examples of medical malpractice are these:

  • misdiagnosis or failure to diagnose
  • unnecessary surgery, surgery on a wrong body part, or surgical errors
  • premature discharge
  • failure to order proper tests or to act on results
  • poor follow-up
  • prescribing the improper medication or the wrong dosage

Choose an experienced medical malpractice lawyer

If you believe that you or a family member was injured or harmed because of medical malpractice, you should consult with an experienced medical malpractice attorney. The lawyer will review the patient’s medical records, talk to the medical facility staff, the patient and his or her relatives to find out if that indeed was medical malpractice. Remember that a malpractice lawsuit must be filed within a certain period of time after the incident. The deadlines are different from state to state, that is why you should ask your lawyer about them.  Besides, it bears mentioning that supporting a malpractice lawsuit is pretty expensive. If the injury is minor, there is a risk that you’ll have to spend more on the lawsuit than the eventual payout you may receive. Talk about that with your lawyer.

The process of pursuing a medical malpractice lawsuit

After filing the lawsuit in court, you, your lawyer and representatives of the defendant have to share information about the accident. At this time, both sides usually request documents, conduct depositions, and interrogatories. If you come to an agreement, the case can be settled out of court. Otherwise, the case will proceed to trial where a jury will consider experts’ testimony on the required standard of care and decide if your medical provider followed that standard or not. Based on that, the jury renders a verdict in favor of the plaintiff or the defender. If it is for the plaintiff, the judge will then decide on the amount of damages and compensation.

How not to become a victim of the medical error

Medical error is a third leading cause of death in the country. It is only heart disease and cancer before that. How to avoid becoming a victim of these horror statistics? Don’t be shy to ask your doctor any questions about your disease and available treatments. You can surf the Internet for extra information. If you disagree with your doctor, discuss that with him or seek a second opinion. Nowadays the staff of big clinics duplicates their actions in order to prevent medical errors, protect patients’ health and avoid lawsuits (they ask patients the same questions, explain them treatments and ask to sign the same papers several times). But if malpractice happened anyway, go to an experienced medical malpractice lawyer, for example, one from Yuriy Prakhin Law Office. After going through all the details of your case, the lawyer will help you consider further steps and win the lawsuit when it is worth filing.

A woman was injured during a city bus ride
Sep 2018
by Yuriy Prakhin

Q: I was traveling in a city bus. While I was proceeding to the exit, the bus braked abruptly, and I was suddenly hurled forward against a metal rail, hit hard, cut my forehead and tore the brachial bundle. Can I get compensation for my injuries?

A: You can demand it, but it will not be easy to get. The public transportation serves millions of people by providing transit services and often carries financial losses. No private company does that. The main concern is to satisfy public interests. Therefore, when considering claims against the city public transit department and the city in general, judges and juries are more likely to be on the side of the city, rather than side with the claimant. Even laws that provide for the compensation from city departments are less liberal than those where the city is not involved. In your case, you should prove that the braking was unforeseen (it happened far from the bus stop) and extremely harsh, for example, because of the unreasonably high speed or driver’s gaffe. However, if the driver says that he had to brake aggressively because another car was going through a red light, the emergency doctrine would come into effect. This doctrine exempts the city from liability when certain actions of a city worker (driver) are considered to be necessary to avoid an accident. On the other hand, by filing a lawsuit against the city (in your case, the city public transit department), you can win big money. The insurance they have is much bigger than any private company can afford. Therefore, we recommend that you fight for your compensation. Our lawyers have been doing that successfully for many years and are ready to help you to win your case.

New York Needs To Enforce Safety For Students On School Buses
18
Sep 2018
by Yuriy Prakhin

Did you know that there are over 730 school districts in New York State and only 20 of them are required to have students wear lap belts? Yet adults and children that ride in a car must wear them. Does a child’s safety shift somewhere between a car or a school bus? No. Therefore the logic behind this law has many concerned about the safety of their child.

In districts where it is not mandatory for a child to wear a seat belt it is up to the child to decide whether or not they want to wear it. This leaves the safety of a child riding on a school bus within their own hands and not an adult.

Albany has protected this law by deeming it’s more important that school buses are made big enough to keep children seatbelts have little relevance to their safety. Perhaps that’s because New York State school buses are still using lap belts that aren’t as protective as a 3 point shoulder belt. There’s also been talk that there’s no one to ensure that a child is strapped in so if they do get hurt than who is responsible for it? Seems no one wants to take blame.

New Jersey on the other hand has enforced that all children wear a 3-point shoulder belt. This law was put into effect after a tragic school bus accident in May. The children were wearing lap belts which is said to be better than nothing but students were still killed in the accident.

Thankfully New Jersey promptly changed it’s law but Albany is still staggering behind and it doesn’t seem like changes are on the way.

“It might be safer for kids, but we still have to argue through the logistics,” said Mannella of the NY State Association for Pupil Transportation. “It’s not the industry saying we don’t like seatbelts. Give us a chance to figure this out and the cost of them. It could be 10-12 thousand dollars more on a 120 thousand dollar bus already.”

If parents can’t depend on the law to make buses safer for children right now than the next best step is to contact your child’s school and find out what their bus regulations are. Also, contact your councilman to push for this law to be changed and explain the urgency for 3-point seat belts.

In the meantime make sure you have discussed the importance of school bus safety with your child such as wearing their lap belt.

Other factors that are important to discuss with your child is the necessity to stand at least six feet away from the curb when they are waiting for the bus. Show them how far six feet is from the curb. Tell them that they should never walk right behind a school bus or in front of it. A bus driver might not have clear visibility of your child. If your child drops something on the bus tell them not to bend down to pick it up until the bus comes to a complete stop. Last but not least, children should never stand up waiting for the bus to stop at their destination. Have them sit until it is time for them to exit.

What Do You Do When You Are Injured At Work?
Sep 2018
by Yuriy Prakhin

You’re walking in the hallway at work when suddenly you slip and fall due to something that was on the floor. You get up and hurry to clock in so you aren’t late. Throughout the day you could feel pain starting to radiate down your leg. You sit down at your desk without saying a word to your supervisor. Is this advisable? No. What should you do instead? Immediately report it to your supervisor when you fall. You can do so verbally but it is advised to do so in writing as well. Make sure it is documented by him and obtain a copy for yourself.

It is important that you schedule an appointment with your doctor. Make sure to see a specialist if your doctor specifies it and get a copy of your medical record that details your injury. Certain jobs will want you to see the doctor they have on staff also. You are not responsible for their doctor’s second opinion. Any fees he is due will have to be paid by the company you work for.

Keep in mind that a doctor that is paid for by your employers insurance may minimize the degree of your injury. If the doctor would like future business from your employer or the insurance company than he may make it seem as though this was due to a prior injury. As unethical as that is, it happens sometimes. So to protect yourself speak specifically about the injury that occurred at work and not whether you slipped and hurt your leg skiing two years ago. That is not why you are seeing this doctor nor is it the reason why you’re in pain.

Regarding Worker’s compensation they must give you a claim form to file your injury. If the form is not filled out entirely your employee isn’t responsible to offer you benefits.

It is vital to sign and date the form on the “employee” section and as with all other documents, print out a copy to have in your files.  Once completed you should return the claim form to your employee so that they can begin the process. If you want to submit the form yourself you can do so by bringing it in to a Worker’s Compensation office (check where it is located in your state) and give the form to your employer also. You may hand-deliver or mail it to your employer. If you choose to mail the claim form, be sure to use “return receipt requested” at your post office. The sooner you file for benefits the quicker you are likely to receive them.

If your injury will result in you permanently being out of work, seek counsel from a lawyer about what necessary steps should be taken from there. A lawyer can help you seek eligibility for Social Security and possibly other benefits. Also, if any part of your claim is being objected by your employer or your employers insurance a lawyer can help settle this so that you are provided with what you are entitled to.