1.9 million dollar Settlement in New York Labor Law/Construction Accident

On November 9, 2010, in Queens County Supreme Court, the attorneys at Sackstein, Sackstein and Lee, LLP. negotiated a $1,900,000.00 settlement in a construction accident case on behalf of a worker.  The firm negotiated the claim on behalf of an individual who was injured when he fell twelve feet from a ladder while he was installing a sign at the Green Acres Mall in Valley Stream, New York. As a result of the fall the worker suffered a traumatic brain injury, injuries to his neck and shoulder, each requiring surgeries, and loss of taste and smell.

The Sackstein firm worked diligently on behalf of this client and employed expert specialists in the areas of neuropsychology, brain (PET) scans and vocational rehabilitation to make its case against the parties responsible for the worker’s injuries.

Sackstein, Sackstein, and Lee, LLP. continues to fight for injured construction workers, handling Labor Law 240 and 241 injury claims involving ladders, scaffolding and other worksite hazards.

• Injuries suffered from falling objects or debris
• Injuries caused by the collapse of a building or structure
• Injuries caused by malfunctioning equipment, tools, or machinery
• Construction vehicle accidents
• Falls from buildings, platforms and beams

As a construction worker in New York State , you are not limited to remedies under the Worker’s Compensation Law. You may file a claim against parties other than your employer if their negligence or wrongful acts resulted in your injury.  This can include owners, general contractors or others who have a duty to provide a safe workplace.

At Sackstein, Sackstein and Lee, LLP, we have aggressively protected the rights of construction accident victims for over 58 years.  We understand the complexity of these cases, as well as the seriousness of the injuries suffered in construction site accidents.  We use our skill, knowledge and considerable experience to help you get full and fair compensation for all your injuries,from lost wages and income to medical expenses, pain and suffering and loss of enjoyment of life.

We provide a free initial consultation to all accident victims.  To set up and appointment with one of our experienced attorneys, contact our office online or call us toll free at 888-519-6400.

Safety Technology Detects Drowsy Driving

If you fall asleep while driving and are responsible for injuring or killing other individuals, you are liable for negligence.

A recent AAA survey tells us that 41% of drivers admit to nodding off or falling asleep at the wheel and one in six fatal vehicle crashes result from drowsy driving.

Anyone who has driven the same roads over and over or travels long distances on monotonous highways knows that good old caffeine, cold air or loud music are a few ways to keep you alert. And then there are rumble strips on the centerline or highway edges that are designed to jar inattentive drivers who veer too far beyond their driving lane boundaries.

In 2009, Mercedes Benz introduced safety technology called Attention Assist, which appears in the 2010 E-class and S-class vehicles and is based on the driver’s steering behavior. A steering-angle sensor sounds an alarm on the instrument panel, if Attention Assist’s 70-point check system detects early stage drowsy driving.

While new technology, along with safe driving habits can help you from causing a catastrophic accident, if you are seriously injured because of someone else’s negligent or reckless driving, a personal injury attorney can help.

The attorneys at Sackstein Sackstein & Lee, LLP have been handling personal injury cases since 1952. Our firm offers a no cost consultation to discuss your injury accident with an attorney and find out if you have grounds for a lawsuit. Contact us online or call us toll free at 888-519-6400.

Fighting Elder Abuse and Nursing Home Neglect

November e-news from The National Center on Elder Abuse, Administration on Aging reports that the American Bar Association (ABA) Commission on Law and Aging was recently awarded a grant to create a legal pocket guide on issues relating to elder abuse. On page six of the newsletter, read more. 

A quick glance at statistics on nursing homes, elder abuse and neglect show an ever- growing problem. Personal injury attorneys who hold liable parties responsible for elder abuse and nursing home neglect are on the front lines, protecting the legal rights and fighting the problems the elderly and their families encounter with nursing homes and home healthcare providers. Having the ABA create a legal guide to address issues on aging is a valuable step for the legal community.

If you have a parent or loved one in a nursing home or other long-term care facility, remain vigilant for signs of elder abuse and neglect. Contact a personal injury attorney experienced in nursing home neglect and elder abuse, when you suspect someone you care about is a victim.

At Sackstein, Sackstein & Lee, LLP, we have been serving the community since 1952. Our firm offers a no cost, no obligation consultation to discuss your problem with elder abuse, neglect, exploitation and failure to uphold fiduciary responsibility. Find out how we can help. Arrange an appointment with one of our experienced attorneys. Contact us online or call us toll free at 888-519-6400.

Can a 4-Year Old Be Sued in New York Court?

Judge’s Ruling Based on NY Law

From an October 29, 2010 New York Time article by Alan Feuer: Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.

The ruling by the judge, Justice Paul Wooten of State Supreme Court in Manhattan, did not find that the girl was liable, but merely permitted a lawsuit brought against her, another boy and their parents to move forward.  More

While many online comments on the MSNBC article express outrage that a 4 year old could be sued, it is important to remember, the judge’s ruling is based on New York law, which is clear. Under the age of four, a child cannot be sued and is not capable of being negligent. While a child over 4 years old can be sued, the burden is on the plaintiff to show the child acted unreasonably for a child that age.

The elderly woman’s expectation is that she’s not going to get run over, walking on a public sidewalk. Thus, the plaintiff must have a day in court and must also prove the child acted unreasonably for a child of four.

At Sackstein, Sackstein & Lee, LLP, our New Your law firm has handled personal injury cases since 1952. Our attorneys understand the complexity of accident cases. Using our skill, knowledge and considerable experience, we help clients obtain full and fair compensation for their injuries, from lost wages and income to medical expenses to physical pain and suffering both past and future.

Our law firm offers a free initial consultation to discuss your injury accident with an attorney to find out if you have grounds to file a personal injury lawsuit. To arrange an appointment with one of our experienced attorneys,  Contact Us or call our law office toll free at 888-519-6400.

New York Labor Law 240



New York Construction Accident Claim

Sackstein, Sackstein & Lee, LLP, Wins $850,000 Settlement

The attorneys at Sackstein, Sackstein & Lee, LLP,  have won an $850,000 settlement in a New York construction accident claim. The firm represented a construction worker who was climbing a straight ladder at a job site. As the laborer went up the ladder, he grabbed a two-by-four which was nailed to a plywood wall. The two-by-four came loose, causing him to lose his balance and fall a distance of seven feet. As a result of the fall, he suffered a lumbar fracture and lumbar disc herniations.

The lumbar vertebrae are the five largest and strongest vertebrae in your spine, making up your lower back. Lumbar fractures can often lead to chronic and debilitating pain, and those suffering lumbar fractures often need bracing for extended periods of time. A lumbar disc herniation, sometimes referred to as a slipped or ruptured disc, occurs when the jelly-like center of a disc is pushed against the outer ring. A lumbar disc herniation can also lead to chronic pain or discomfort, and can make it difficult a person to work in any capacity that requires lifting, pulling, twisting or bending.

Sackstein, Sackstein & Lee, LLP, provides comprehensive counsel to people who have suffered a construction accident injury, handling claims involving:

• Labor Law 240 and 241 injuries, involving ladders or scaffolding & other worksite hazards
• Injuries suffered from falling objects or debris
• Injuries caused by the collapse of a building or structure
• Injuries sustained because of malfunctioning equipment, tools or machinery
• Construction vehicle accidents
• Falls from buildings, platforms or beams

As a construction worker in New York, you are not limited to remedies under the workers’ compensation laws. You may file a third party claim against parties other than your employer, if their negligence or wrongful acts resulted in your injury. This can include owners or general contractors who have a duty to provide a safe workplace.

At Sackstein, Sackstein & Lee, LLP, we have aggressively protected the rights of construction accident injury victims since 1952. We understand the complexity of these cases, as well as the seriousness of most injuries sustained on a construction site. We use our skill, knowledge and considerable experience to help you get full and fair compensation for all your injuries, from lost wages and income to medical expenses to physical pain and suffering.

We provide a free initial consultation to all construction accident injury victims. To set up an appointment with one of our experienced

attorneys, contact our office online or call us toll free at 888-519-6400.

Jury Awards Commack couple $248K in LIRR gap fall

Long Island Rail Road was ordered by a Manhattan jury Tuesday to pay a Commack husband and wife $247,500 for injuries and damages after the woman fell into a gap between the Huntington Station platform and a rail car, an attorney for the couple said.

The couple were attempting to board the train at the time of the accident on March 12, 2006.

Judith Cohen, 72, suffered five fractures near the knee in the femur of her left leg and three fractures in her shoulder, causing her to have two surgeries to repair the leg and roughly 18 months of therapy, said attorney Leonard Chipkin, litigator for the law firm in Garden City, Sackstein Sackstein & Lee LLP.

In the couple’s lawsuit, they had asked for $775,000 but the jury ruled Judith Cohen was 45 percent responsible for her fall into the 9 1/2-inch gap and awarded the smaller sum. The six-person jury reached the verdict after five days of testimony and less than a day of deliberation.

The couple was awarded for past and future pain and suffering and lost services for husband, Joseph Cohen, Chipkin said.

“I was very pleased,” said Judith Cohen, who along with her husband is an adjunct professor at Dowling College. “The prime purpose for my suit was that to show that LIRR was at fault in my accident. I think since the verdict was in my favor, I think the jury agreed.”

Cohen said she sometimes needs to use a cane and, years after the injury, still must visit her surgeon for checkups. Also, her left leg is shorter than her right as a result of the accident. “I have had very serious injuries and a life-changing experience because of the injuries. I have a permanent disability . . . problems with range of motion,” she said.

In a prepared statement, LIRR officials would only say the railroad is “evaluating its next steps” in the case. They pointed out the train system has put into place an education system to make customers better aware of gaps at platforms and spent $27 million at stations throughout the system. A Newsday investigation in 2007 revealed that since 1995, the LIRR has logged more than 800 gap incidents at stations from Penn Station to Bridgehampton.

LIRR had offered a $200,000 settlement to the Cohens, Chipkin said. The couple chose to take the case to a jury to “put a value on whether the railroad was wrong,” he said.

Sackstein Sackstein & Lee, LLP  is a Personal Injury Law firm with offices throughout Long Island and the NY Metropolitan area.  For further information on the firm, please visit the firm’s website at www.sacksteinlaw.com

Increased Vigilance against Recent Terrorist Threats

The New York Police Department held briefings yesterday on increased risk of terrorist activities during the Jewish High Holy Days, beginning with Rosh Hashanah through Yom Kippur.  This year the Jewish High Holy Days will coincide with the United Nations General Assembly. The briefings were on increased awareness of the effects of international events on terrorist threats and attacks on the United States, along with increased vigilance in light of the anniversary of the terrorist attacks of September 11, 2001.  Synagogues and other iconic and cultural Jewish institutions, among the usual primary targets of terrorist attacks, will be continuously patrolled by NYPD Counterterrorism units in the City.

Tort Reform:Truth about McDonald’s Coffee Cup Case

Tort Reform
Proposed tort reform is a controversial political issue. Those in favor of reform seek to shorten statutes of limitations (claim filing deadlines) and set caps on monetary awards.  Backing tort reform, big business and insurance companies set their sights on boosting their bottom lines. There is little consideration for the average Joe, and his rights are not protected by their tort reform efforts. 

Sackstein Sackstein & Lee, LLP Legal Blog

With offices throughout the New York City and Long  Island area, the Personal Injury attorneys at Sackstein Sackstein & Lee, LLP  have been assisting accident victims for more than 55 years.   Our longevity is a testament to our success: “Our Family helping your family for over 55 years”

The Attorneys  at the firm are an experienced team of New York Personal Injury Lawyers. The staff as well as the Lawyers are a dedicated group of individuals that work closely with the clients and  will go the extra mile for you.  The firm is fluent in speaking Korean and Spanish. 

Sackstein Sackstein & Lee, LLP, handles all types of personal injury claims including Auto Accident, Construction Accidents, Ladder and Scaffold Accidents, Slip and Fall Injuries as well as various other Personal Injury related accidents.  Our newly created website can be found at the following address: www.sacksteinlaw.com