Syracuse Personal Injury Law Blog

NYC jails see increase in injury claims

Published on: April 1, 2016 | By Jeff DeFrancisco

When we think about personal injury cases, the thoughts that come to mind are usually related to car accidents or premises liability incidents. These are everyday occurrences that unfortunately leave innocent victims injured. But it’s also important to remember that those that are not so innocent, at least in the criminal system’s eyes, have the same rights to safety as the general public. We’re talking about inmates in prisons and jails like the one on Rikers Island.

Every year, many individuals get hurt while in jail and their pain and suffering matters just as much as anybody else. They may be in jail for a conviction, but they also deserve to feel safe. Unfortunately, that is not always the case. In fact, statistics show that the number of personal injury claims filed against New York City for injuries that happen in the jail system keeps increasing year to year.

In fiscal year 2010, there were 1,204 claims. Then in 2014 there were 2,245 personal injury claims. When it came to fiscal year 2015, which concluded at the end of June of that year, there were 2,846 claims. That’s an increase of 27 percent from the previous year. The fiscal year that started this past July is already showing signs that the trend will continue.

Summertime fun can quickly turn tragic

Published on: March 31, 2016 | By Jeff DeFrancisco

As summertime rolls in, Syracuse residents will slowly thaw out and make their way outside to enjoy the great weather. It’s always a treat to be able to enjoy warm days outside and be more active. While we do our best to enjoy various activities, we also need to keep in mind that the summertime often brings more injuries.

These injuries may be related to sports activities such as soccer and football. People of all ages can get injured during a bike ride or while rollerblading. And other activities, such as boating or summer patio parties, can lead to devastating injuries if alcohol is involved.

Many of these activities are done in a group setting which means your injuries may have resulted from another person’s actions. For example, if you were on a friend’s boat and got injured because he was driving drunk and got into an accident, you may end up wanting to seek compensation for your injuries.

Syracuse bicyclist hit by car, suffers head injury

Published on: March 28, 2016 | By Jeff DeFrancisco

According to statistics provided by the New York State Department of Motor Vehicles, there were 47 bicyclists killed in our state in 2014. On top of that, more than 5,600 bicyclists were injured that year. That’s a hefty number to consider. In terms of deaths, even one bicycle-related death is one too many.

A large proportion of those bicyclists were in the 25-to-29 age range and in the 60-to-64 age range. The rest of the fatalities were scattered from age 5 to 74. In the majority of those cases, the bicyclist was not wearing a helmet. While adults are not required to wear a helmet while on a bicycle, those under the age of 14 have to wear one as law.

Unfortunately, as statistics show, even when someone does wear a helmet, it may be no match for the actions of a negligent motor vehicle driver. Many bikers are very experienced and use all types of safety equipment, but are still unable to avoid being hit by a driver.

You may end up filing an injury claim against someone you know

Published on: March 26, 2016 | By Jeff DeFrancisco

Car accidents come in all shapes and sizes. They may be simple fender-benders or involve dozens of cars in a large pileup. The negligent party might be the driver that hit you or it might be the driver of the vehicle that you were in.

The second scenario can often be tricky and cause a lot of car accident victims to feel anxious. If you were hurt in a car accident due to the negligence of the person who was driving the car you were in, you may feel hesitant about filing a claim against them. After all, if the two of you were in the same vehicle, it is very likely that you know each other in some capacity. Perhaps you are coworkers who carpool to your jobsite every weekday or you guys are close friends who rode together to a weekend party.

It can be hard to consider filing a lawsuit against someone you know, but you may also feel as though you have no choice when you see the medical bills piling up. This is a sensitive issue and one that you may want to discuss with your personal injury attorney.

TNM system helps doctors describe cancer

Published on: March 26, 2016 | By Jeff DeFrancisco

In our last post we discussed the various stages of cancer. There are other ways for doctors to describe and understand the progression of a patient’s cancer. Doctors typically use the American Joint Committee on Cancer’s TNM system when describing a cancer’s stage. It’s important to remember that each type of cancer has its own TNM system as well.

TNM stands for tumor, node, and metastasis. Each one of these is used to describe the cancer. A number from zero to four is used after the letter “T” in order to explain the location and size of the tumor. It also describes how much it has grown into the tissue nearby.

The letter “N” will also include a number ranging from zero to three. This letter explains whether the cancer was found in the lymph nodes and how many lymph nodes have cancer.

Stages of cancer: what are they and why are they important?

Published on: March 25, 2016 | By Jeff DeFrancisco

There are many cancers out there that can quickly become deadly. Doctors often discuss cancer in terms of what stage it is in. It is important that a doctor performs all of the necessary tests in order to understand whether a patient has cancer and if so, what stage that cancer may be in. The stage a cancer is in has a lot of implications in terms of a person’s chances of survival. Let’s take a look at the different stages of cancer.

–Stage 0: This stage is known as ‘in situ,’ which means in position. In this stage the cancer can produce a tumor right where it started. The cancer poses little or no threat to a person’s life and may never go beyond this stage. It can be easy to cure by removing the tumor.

–Stage 1: This stage is often known as early-stage cancer and is basically localized. It is usually small and has not grown deep into nearby tissue. It also has not spread to other parts of the body.

Medical errors can leave patients suffering serious consequences

Published on: March 24, 2016 | By Jeff DeFrancisco

There is always some potential for something to go wrong in terms of medical care. In some instances the problem that occurs is very minor and sometimes even goes unnoticed. In other circumstances, the issue could have some very serious consequences, especially if the problem is not identified in its early stages.

Oftentimes, even if a patient suspects that there is some kind of problem in terms of their medical care, they may refrain from bringing it up or discussing it with anyone because they wholeheartedly trust the medical professionals working on their case. Telling a doctor that they are making a mistake can be extremely difficult for some individuals, especially those that tend to be quiet. Furthermore, a person who is incapacitated to any degree may not be able to speak up at all.

But in many serious medical negligence cases, there comes a certain breaking point. It’s a point where the consequences of the negligence are seen very clearly, such as severe side effects from taking the wrong medication. In these cases a patient might feel angry or upset and wonder what they can do to remedy the issue.

Motorcycle helmet requirements: what should you look for? (PART 2)

Published on: March 19, 2016 | By Jeff DeFrancisco

Today we continue our discussion about motorcycle helmet requirements. All riders are required to wear a helmet that meets federal standards in the state of New York, no matter their experience level or their age.

With that being said, let’s discuss a few things that riders should look for when buying a motorcycle helmet.

The design and style of the helmet is important when it comes to meeting FMVSS 218 standards. Most full-face designs will meet DOT requirements. Helmets cannot have anything protruding more than two-tenths of an inch from the helmet. This means no spikes or decorations should be sticking out of the helmet. Skullcap type helmets and some German Army styles are usually not safe. Most unsafe helmets will be noticeably thinner and smaller than the DOT requires.

Motorcycle helmet requirements: what should you look for? (PART 1)

Published on: March 18, 2016 | By Jeff DeFrancisco

In our last post we discussed a couple of motorcycle laws that are specific to the state of New York. It’s important that all drivers understand these laws and obey them. Another important issue to consider for motorcyclists is the use of a helmet. In the state of New York, every motorcycle rider has to wear a helmet, no matter their age or experience level. While a helmet will not always help prevent injuries caused by a negligent driver, many lives are saved each year due to the use of motorcycle helmets.

Head injuries are the leading cause of death among motorcyclists who are involved in a crash. That’s why our state has specific laws pertaining to helmet use. The state does not want you to use just any helmet. The helmet needs to meet Federal Motor Vehicle Safety Standard (FMVSS) 218. All motorcycle helmets sold in the Unites States are supposed to meet these standards. If you have ever seen a motorcycle rider wearing a helmet that doesn’t meet these standards, it’s usually because they bought a helmet that was sold as a novelty item, allowing it to circumvent these requirements. Riders mistakenly sometimes think these helmets will keep them safe.

You will know if a helmet meets FMVSS 218 standards if it has a DOT sticker on the back of it. Some sellers will provide these stickers with novelty helmets, but that does not make them compliant, so be aware of that. An even better indicator of safety is if the helmet has a sticker from a private, non-profit organization such as the American National Standards Institute or Snell. These organizations have their own standards for safety that will also meet the federal standards. These labels will usually be inside the helmet.

New York motorcycle laws: riding two abreast and lane splitting

Published on: March 17, 2016 | By Jeff DeFrancisco

While most of us are pretty aware of the rules of the road as they pertain to driving a passenger vehicle, there are specific laws in our state that pertain specifically to motorcycle riders that our readers may want to be aware of. Knowing these laws, no matter whether you are a car driver or a motorcycle rider, can help keep you safe. If an accident occurs between a motorcyclist and a passenger car driver, these laws will have an impact on who is found liable for the crash.

You may have been traveling down a freeway in another state when a motorcyclist passed you in your own lane. While that might seem dangerous, some states do not have laws that explicitly prohibit this act. This means that if you are sitting in traffic during rush hour, motorcyclists in those states may pass you by driving in the space left within your lane. While this may be okay in some states, it is illegal in the state of New York. This illegal maneuver is called lane splitting.

Another law that may be of interest to our readers has to do with two motorcyclists riding in one lane. State law does not explicitly disallow this act. State law only says that all motorcyclists are entitled to the full use of a lane. That means a passenger vehicle cannot encroach on a motorcyclist’s space just because he or she doesn’t take up a lot of room on the road.