Punitive and Compensatory Damages

If someone suffers harm due to the actions of another, they may have legal recourse through a personal injury lawsuit. Typically, a personal injury lawsuit involves seeking monetary compensation and may also include a request for punitive damages. The amount awarded for either type of damages will depend on the severity of the injury and its impact on the plaintiff's life. When negotiations with the accused party prove fruitless, it's time to consider initiating a lawsuit. It's important to start the claim process immediately after the event. A personal injury lawsuit aims to help the injured party recover expenses incurred due to an accident caused by the negligence or intentional wrongdoing of an organization, company, or individual.

Punitive Damages

Punitive Damages are in place to punish the wrong doer (the accused). Punitive damages are awarded in conjunction with a compensation indemnity rather than a stand-alone claim. They, for the sake of amount of the award, are linked to the compensatory amount. The damages for punishment can be calculated based on precedent (statute) set in previous court cases of a similar nature. Depending on the judge and individual circumstances, these amounts can surpass the compensatory damages by up to four times the claim. The monies are granted to the claimant as part of the damages and classified as a punishment. The sum of the punitive damages is also in place as a further deterrent to the company or person who is faulted with the accident. The defendant must be proven to have acted with extreme negligence, committed a blatant or intentional error, caused severe injury, or that the actions/circumstances showed malicious intent. Punitive damages, in other words are not to be considered guaranteed in the case of a victory, but rather understood to be premium as a part of the judges verdict.

Compensation Damages consist of a number of factors, but are essentially a calculation of costs of real loses that came about as a result of an injury. It is critical to keep track of expenses, take photos at the site of injury, write a diary (events following the incident), maintain good records and follow medical and legal advice. All points that have to do with your injury and circumstances are important, even in the smallest detail. This is an area where experts in Personal Injury Litigation and Negotiation are able to receive the highest compensation from the offender for their client.

This list is comprised of 8 areas with examples that require documentation in order to build the compensation claim.

Loss of personal property - in the incidence of a fall; crushing prescription eye glasses and cracking the face of a watch.
Property maintenance - in the event the victim is unable to perform regular household tasks and must hire outside help.
Loss of income - inability to work for an undetermined amount of time. This portion is based on regular, documented income.
Pain and suffering - self-explanatory, but must be well documented. This is where a diary would be used as evidence, as well as a memory tool.
Medical treatment - e.g. all doctor's visits, bandages, medications, x-rays. Receipts required.
Future losses - this will come into effect should someone be attending school, up for a promotion or generally geared toward higher earnings at a future date. While it can be a bit tricky to prove, it can be explored and well presented by an experienced personal injury attorney.
Emotional distress/stresses - often depression accompanies physical ailments. Is there a need for therapeutic counseling? This would also be apparent in a journal (diary).
Rehabilitation - recovery from the injury, either from home or hospice that may include physio-therapy, psycho- therapy or personal care.

Are Nursing Homes Liable for Medication Errors?

As our population continues to age, more and more individuals are relying on nursing homes and long-term care facilities to provide the medical care they need. Unfortunately, with this increased demand for healthcare services comes an increased risk of medication errors. Medication errors can have devastating consequences, from serious illness to death. When a nursing home resident suffers harm due to a medication error, who is responsible? Are nursing homes liable for medication errors?

In this blog post, we'll explore the legal implications of medication errors in nursing homes, including the potential liability of nursing homes and their staff. We'll also discuss steps you can take if you or a loved one has been the victim of a medication error in a nursing home.

How to Prove Medical Malpractice in a Nursing Home

Medical malpractices often occur in various ways, but the major cause is considered as medical negligence. In nursing homes' medical error cases, the courts normally define it as the failure of health care provider to exercise the due diligence of an average health care practice, taking into account the resources and professional advances available. So, to determine whether the health care providers at the nursing home committed a medical error or not, you and your personal injury attorney must prove that the health officers were negligent in the following areas along the chain of medication:

The physician, either prescribed wrong amount of medication or wrong medication
The nursing home pharmacy gives out the wrong medication, either to the person administering medication or directly to the patient
The health care provider fails to ask about or forgets the allergies of the patient
The nurse or the physician administered medication erroneously
The pharmacist at the nursing home mislabeled the medication
The medication negatively interacts with other drugs the patient is administered with or
The medication interacts negatively with the diet of the patient.

Causes of Medication Error in a Nursing Home

Medication errors are very easy to make. For instance, in the old days patients were sometimes given wrong medication because the pharmacist could not read the prescription handwriting by the physician. Fortunately, those days are gone as many physicians are currently sending prescription electronically to the pharmacist, or simply have the prescription printed out. However, some physicians can still negligently type wrong amount of medication or the wrong medication.

In a nursing home, the health care provider might think that the patient is more competent, and ask the patient questions about his/her allergies to medication. The patient might say no allergies, yet he/she have some serious allergies. The medical provider would be negligent and liable in such situations because they failed to read the chart to see whether the patient is competent or not to give accurate and proper medical history.

Negligence is can also be seen when the physician administers the medication in the wrong manner. Often, various medications are administered in different ways. For instance, if the medication is supposed done by short, and the health care provider gives the shot in the wrong place: that mounts to medical negligence.

To prove that Nursing Home is Liable

To prove that there was medical error in handling your loved one or friend, your personal injury lawyer must obtain all the medical records of the patients related to the treatment in question. Your personal injury attorney will then hire a medical expert to access and read through the records, investigate the situations of the treatment, and provide an opinion as to whether the nursing home health care providers were negligent. Usually, a medical error or negligence case will be seen in the medical record.

If your personal injury lawyer in Staten Island proves that the health care provider in the nursing home was negligent, then he/she can file a personal injury malpractice claim.

Bad Dog: How a Personal Injury Lawyer Can Hold Negligent Pet Owners Responsible

Dogs are often referred to as man's best friend, but unfortunately, not all dogs are well-behaved. The consequences can be severe when a pet owner fails to properly control their animal. Injuries caused by dogs or other pets can result in significant medical bills, lost wages, and pain and suffering. In these situations, it's important to hold negligent pet owners accountable for the harm their animals cause.

Dog ownership has risen dramatically over the last 30 years, with the American Pet Products Association estimates that nearly half of all U.S. households own at least one dog. While the majority of these dogs are wonderful companion animals, the dramatic increase in the canine population means that dogs are biting more and more people and pets.

This blog post will explore how a personal injury lawyer can help injured individuals pursue compensation and justice when a pet has injured them due to an owner's negligence.

The Scope of the Problem

The American Humane Association reports that approximately 4.7 million dog bites occur in the U.S. each year, and about 20 percent of victims require emergency medical care. According to the Centers for Disease Control and Prevention, over half of all dog bite victims are children under the age of 9; in 2012, more than 27,000 Americans required one or more reconstructive surgeries as a result of a dog bite.

Dog bites often leave victims with serious, lasting physical and emotional trauma. In some cases, dog attacks can be fatal.

Dog Bites and the Law

The law is clear when it comes to pets - the owners are responsible for the behavior of their dogs. In New York, dog bites are covered under Article 7 of the Agriculture & Markets Law, which outlines the rights and responsibilities of both pet owners and the general public.

In New York State, pet owners can be held financially liable for all medical bills incurred by a bite victim (or in the case of a four-legged victim, veterinary costs must be covered). This is known as "strict liability" and applies even if the offending dog had no history of violence and the owner was acting responsibly.

Suppose a dog has attacked people or other pets in the past. In that case, victims of repeat offender dogs can seek extended damages, including compensation for emotional trauma as well as pain and suffering.

These laws apply to both public and private property; many dog bite victims are familiar with their attacker and vicious, life-altering bites often occur in homes and backyards.

How A Staten Island Personal Injury Lawyer Can Help

While some dog owners will gladly accept responsibility for their pets behavior, unfortunately, many try to place blame on the victim. Try as they may, under New York law, a dog owner is not permitted to dispute who is at fault. In these situations, an experienced Staten Island personal injury lawyer can help navigate the legal system, ensuring that victims are treated fairly and that they receive full compensation for their expenses.

Judge and lawyers speaking in front of the american flag in the court room

A lawyer will also conduct extensive background research to learn if the dog owner had prior knowledge of the volatility of their pet; we often find that negligent owners will attempt to conceal past incidents in order to avoid responsibility.

Contact Us Today

If a dog in New York has attacked you or your pet, contact Sgarlato & Sgarlato for a complimentary consultation today. We will review your situation and advise you of your rights as a dog bite victim. Don't delay; the sooner you contact our offices, the better your outcome will be.

We also provide legal advise to dog owners who want to understand New York's dog bite laws. We can educate you on your rights and responsibilities when it comes to pet ownership, giving you the knowledge you need to protect yourself against dog bite litigation.

6 Ways to avoid becoming overwhelmed by stress after a personal injury

Experiencing a personal injury can be a life-altering event that can leave you feeling overwhelmed and stressed. The physical and emotional effects of an injury can be challenging to navigate, and managing stress levels is essential to aid in your recovery. In this blog post, we will discuss six ways to avoid becoming overwhelmed by stress after a personal injury. From seeking medical attention to practicing relaxation techniques and seeking social support, these strategies can help you manage stress and promote healing after an injury. So, whether you're recovering from a minor or major injury, keep reading for tips on how to manage stress levels and take steps towards a full and healthy recovery.

- Always go to the hospital after a personal injury. Get medical attention as soon as possible, whether you are in a motor vehicle accident, injured at work or bitten by the neighbor’s vicious dog. You do not know if you have internal injuries or if injuries that appear minor are actually very serious. Only medical professionals can determine the extent of your injuries. Knowing the extent of your injuries will give you some sense of relief and you will not be left wondering if you have injuries you are not aware of because you failed to seek medical attention. You also need to prove that you did indeed sustain injuries when you go to court.

- Keep all records and documentation in an easily accessible place. It is stressful when someone wants something right now and you cannot put your hands on it. Your insurance company may call and want information over the phone. Your primary care physician may refer you to a specialist who needs information about your diagnosis and your medical insurance information. As the case progresses you are usually asked to provide additional information. Keep every receipt and report in one place. Ask for copies of all medical reports from every doctor you see. Keep your pay stubs and other proof of lost wages as well.

- Keep a legal pad or notebook just for documentation related to your personal injury case near the phone. Document every call from every person that has any bearing on your personal injury case. Include the person’s name, what company, agency or office the person is from, the date, time and exact nature of the call. This will make it easier for you to relay information to your personal injury lawyer. You will have facts and will not have to try worry about what day or time someone called or what was said. This will help you avoid more stress related to your case.

- Do not talk to anyone negotiating for the other party or do anything that your personal injury attorney advises against. The attorney for the responsible party or a representative from the at-fault party’s insurance may call and try to pressure you into not filing a case. They may attempt to convince you that there is no case and may resort to bullying tactics. Refer any such caller directly to your attorney. Do not allow anyone to bully you or stress you out even more. You are the victim and did nothing wrong.

- Keep all appointments related to your personal injury claim. Avoid the stress and guilt of not completely complying with all medical and legal appointments.

- Let your Staten Island personal injury attorney do the fighting for you. Trust your attorney to handle everything related to your claim, from start to finish. When you let your Staten Island personal injury lawyer handle all the details, you are less likely to be stressed and can focus on recovering from your personal injury.

Prosecution of Personal Injury Fraud; New Strategy Used By Insurers

Personal injury fraud is a growing problem that affects insurance companies, businesses, and individuals alike. This type of fraud involves filing false or exaggerated claims for injuries, often resulting in higher premiums and increased costs for everyone. In recent years, insurers have begun using a new strategy to combat this problem - the prosecution of those who engage in personal injury fraud.

In recent years, there appears to have been a change in culture of insurers who are more prepared to fight claims on the basis of fraud. There have been a lot of high-profile news articles suggesting that deceitful personal injury claims cost insurance companies millions of dollars annually. However, this is failing due to the rise in claims being run to trial alleging foul play. The skilled and an experienced personal injury attorney, frequently advise large corporate clients and insurance companies on whether to plead fraud formally or simply put the claimant(s) to strict proof.

Personal injury fraud usually arises in the form of either no accident occurred, bogus, staged, or where there is a genuine accident or botched medical procedure with some personal injury, but the level of damages claimed are exaggerated. Sometimes the claimant had a bad back from twisting awkwardly in bed, which he/she may attribute to the accident. These are opportunistic claims and most, therefore, are often difficult to disprove.

Corporate companies’ clients and insurers are very unwilling to reveal the method that might bring a suspect claim to their attention and superficial in the details about how they try to trap fraudulent claimants. A good personal injury lawyer will tell you the techniques these corporate and insurers use. For instance, most of them are relying on a network of informants and whistle-blowing from either jealous or aggrieved friends. Since the majority of the claims often cluster geographically, perhaps a particular firm of solicitors or a doctor willing to turn a blind eye. The insurers are looking for things that are suspicious, interesting or high risk to detect the suspect claims. Be warned!

The other most important weapon handy to insurers is surveillance. Even though, not everyone is convinced of the legitimacy of the surveillance, its use and the publicity given to a few high-profile cases has created a culture of suspicion around all personal injury claims, masking that most of them are certainly genuine. As a personal injury attorney, it is sad to see how honestly injured individuals, putting forward exclusively honest claims are skeptically viewed because of the advertising in relation to fraud.

Most insurers will investigate all personal injury actions, not just from the liability, quantum and causation perspectives, but also in terms of potential fraud and credibility. The more reliable and earlier relevant factual details are received the greater the savings the defendant can make. The law states that anyone, who behaves in a dishonest way by attempting to exploit a system that exists to compensate the honestly injured, will end up going to prison. The courts in Staten Island and the surrounding regions also appear to be more prepared to commit personal injury fraudsters to prison.

Traditionally, people have been very slow to complain either or take advice about pursuing a claim, but it is obvious today that safety and health becomes an issue only when claims are made. At times, litigation is the only way to prevent personal injury. However, it is very surprising that there is an attempt by insurers to blame people who have been injured and suggest that they are in the wrong for their injuries! It will not be interesting if this trend continues. Hiring a well-trained and experienced personal injury lawyer in Staten Island is the only way you can gain the right compensation for your personal injury claims.

What Do I Need To Know About Personal Injury Deposition?

Deposition is probably the most important event that happens in any personal injury case. It might be more important than the testimony at trial. It is scary, but a very simple event. If you are a plaintiff in a personal injury case, feel free to give your personal injury attorney all the necessary information.

What Is a Deposition?

Deposition is nothing more than question and answer session, where the opposition counsel asks you questions to learn about your case. A court reporter will be there, taking down everything that is said with a stenography machine. Your personal injury lawyer will also be there with you during the deposition. There is nothing to worry about as long as you tell the truth.

The Purpose of a Deposition

Many victims and witnesses take a deposition as an opportunity to tell their story. They treat the event as if it is their day in court. However, deposition is only a question and answer session by the opposition counsel. The opposing lawyer is not a decider of facts: that is for the jury and/or the judge. The opposing personal injury attorney only wants to learn more information about your case to later use it against you.

The opposing side takes your deposition with these goals in mind:

The opposing counsel wants to find out the facts you have regarding the case in the lawsuits. In other words, they are concerned about your story at the time of deposition and what it will be at the trial
They hope to catch in a lie and show that during the trial that you are not a truthful person and as a result, your testimony should not be believed at all, especially the most important ones
They want to pin you down to a specific story so you only tell the same information at the trial and know in advance that your story is going to be.

How to Answer Deposition Questions

Stop and listen to the question

The information you give at a deposition may be used at trial. So, do not hurt your case with your answers simply because you did not understand the question. Take your time, listen to the question, and take a minute to understand before you give an answer. If you fail to understand the question for the first time, don't hesitate to ask the opposing counsel to explain his/her question or repeat it. You should not give information that is pertinent to the case, but you should answer the questions properly.

Don't Let the Opposing Counsel Put Words in Your Mouth

If you have answered a number of questions, the attorney may summarize your testimony and ask you if what he/she says is not substantially correct. The attorney may include some facts which are incorrect and then try to get you to say the whole summary is substantially correct. Don't fall to this cheap tactic. Whenever, the opposing counsel summarizes your testimony, this is always a sign of danger.

Be precise

Don be worried or nervous, it can easily ramble. Instead, try to keep your answers short and sweet. Be precise with your descriptions instead of giving vague general answers.

Avoid mistakes

If you realize that in the previous question you gave an incorrect answer, you should immediately interrupt the deposition and ask to correct your previous answer. Although, there is room to correct deposition later, it is better if you correct it during the process.

Pitfalls to avoid in a deposition

Don't give opinions
Never state facts you don't know
Never attempt to explain or justify your answer
Only give information you readily have at hand
Don't allow the opposing counsel to get you excited or angry
Never joke in a deposition
Tell only the truth
Don't volunteer any fact not requested by a question
After the deposition is over, don't chat with the opponents or their attorney.

If you need help with a deposition in Staten Island for your personal injury case, please consult with an experienced personal injury lawyer.

Understanding the Stages in Personal Injury Cases

Stages in personal injury

Schedule your consultation- this is where you and the personal injury lawyer will exchange information about what happened, where it happened and any other details of the case. During this time, both you and the attorney will decide if you will continue to work together. It really is a two way street. The attorney may request additional information on your case and gather specific information to determine if there is a case and if they ate able to take the case.

Initial Filing of Legal Papers- During this step, your attorney will begin the early filing of all court papers, motions, questions and complaints. You will never be left in the dark, the personal injury and supporting staff will be in touch and explain proceedings with you every step of the way.

Discovery/Fact Finding-The "other side" opponents will gather information and facts involving the case. There may be meetings with all attorneys and clients to discuss the facts surrounding the lawsuit. Your personal injury attorney will explain the process and expectations in your case. Every case could involve different scenarios or how information will be shared.

Motions Before Trial- There may be a variety of motions prior to going to trial. The opposing party will often request to have the case dismissed before trial. Don't worry this is normal. They don't want to be sued and will try different ways to make it go away. Other motions will be discussed and or filed on a case by case basis.

Settlement- It is not out the norm for many personal injury cases to be settled without going to court. For the opposing party, they may feel they cannot win or it would cost more to win than it would cost to settle. You and your personal injury lawyer will discuss all issues pertaining to settlement and exactly what it means to you. This is an important time on your part. You way to make sure that you ask any questions regarding such as future medical problems relating to the injury.

What to Expect at Trial- First off, DO NOT believe what you see on court TV shows. They are either fake or extremely staged. There are several steps that occur before and during trial. Some of these steps include jury selection, opening arguments (where both personal injury attorneys will briefly state the case and their intended version of the result), witness testimony, closing arguments (similar to opening arguments and the jury's final verdict. The steps can be scary and emotional to you. Your attorney will prepare you for the expected proceedings and situations that may cause discomfort.

Enforcing the Judgment- This is the stage where your attorney and his professional staff will work to obtain your hard won funds. It is not an easy process to collect your money. There are many situations that could occur where the opposing party is refusing to release funds. Be patient, it takes hard work and time.

The Appeal Process- This may be in relation to the hold up of your funds; the opposing party may immediately appeal the verdict and try to overturn the decision. The personal injury lawyer will discuss this with you throughout the trial and certainly after a favorable verdict.

There may be other steps that you and your personal injury attorney take before, during and after the trial. The best advice is to be patient and follow all the advice that you are given. The offices of Sgarlato & Sgarlato in Staten Island, New York are experienced and dedicated lawyers that are there to help you when you need it most.

How Defective Cars Can Lead to Car Accidents

car accident staten island

Car manufacturers make serious mistakes that result in defective cars being driven out on the roads. Some of these defects increase the chances of the cars getting into car accidents, while others make such incidents worse. For example, it is not hard to see how a malfunctioning accelerator could lead to one car rear-ending another, while SUVs were once infamous for the brain and spine injuries inflicted as a result of crushed roofs in roll-overs

Can You Sue the Car Manufacturer for a Car Accident?

When the car manufacturer makes a mistake that either causes or contributes to a car accident, the people involved in said incident can make a product liability claim against them.

Most of these mistakes fall into one of three categories. First, it is possible for the car manufacturer to have used a flawed design. One example is how the Ford Pinto had unfortunate tendencies of catching on fire because its fuel tank would rupture in collisions and then spill flammable fuel beneath the car. Second, it is possible for the car manufacturer to have made a mistake in its manufacturing process, like when General Motors had to recall about 800,000 of its cars in 2014 because of problems with their ignition switches. Third, it is possible for the car manufacturer to market its cars using inaccurate information, which can lead to serious problems when their customers attempt to act on it.

Who Can Sue the Car Manufacturer for a Car Accident?

It is interesting to note that all parties in a car accident involving a defective car can make a product liability claim against the car manufacturer. The person driving the defective car can make a product liability claim because it might have either caused or contributed to the car accident. Likewise, the person who was struck in the car accident can make a product liability claim for much the same reason. However, it is important to note that the person who was struck can make a product liability claim against the car manufacturer as well as second a claim against the person driving the defective car.

Generally speaking, someone who chooses to make a product liability claim against the car manufacturer needs to clear three criteria. First, said individual must have suffered a loss. Second, that loss must have been brought about as the result of a defect in the car. Third, the car must have been used as the car manufacturer intended at the time. For example, someone driving a car with a weak roof will not be successful with a product liability claim against the car manufacturer if it remained untouched in a car accident.

Contact Us

To learn more about either car product liability claims or product liability claims for other products, please contact us for our expertise and experience. If you have been hurt because of a mistake on the part of the car manufacturer, then you deserve to be compensated for your loss. The sooner that you get in touch with us, the sooner that you will have the legal professionals that you need by your side.

Understanding the Stages in Personal Injury Cases

staten island lawyer

Auto Accident - Do's and Don'ts

New York City is full of aggressive drivers - regardless on how careful you might be, an accident may happen due to a negligent driver. If you do get hit, make sure that you call 911 and make sure that the other driver is okay. After that, here are some dos and donts when it comes to demanding compensation in Staten Island.

Yоu Наvе А Smartphone, Usе Іt: Good pictures оf уоur injuries аftеr аn automobile accident саn mаkе а huge difference іn thе outcome оf уоur personal injury case аnd greatly assist уоur attorney wіth уоur case. Snap sеvеrаl photos wіth уоur camera, including а video showing thе damage аnd аnу injuries уоu mау hаvе suffered. Іf sоmеоnе іs coming tо pick уоu uр, аs thеm tо аlsо tаkе а picture оf thе scene.

Dо Νоt Gо Іntо Detail Аbоut thе Accident: Don’t discuss thе accident wіth thе оthеr driver. Аlsо, refrain frоm gіvіng а written оr recorded statement, unlеss іt іs undеr thе advice оf уоur attorney.
Anything уоu sау frоm thе time оf thе auto accident untіl уоur case іs resolved саn bе usеd аgаіnst уоu іn court. Additionally, аnу statement уоu gіvе tо opposing attorneys аnd insurance companies will bе usеd bу thеm tо hurt уоur case. Іt іs іn уоur best interest tо consult уоur attorney bеfоrе speaking tо аnу opposing attorney оr insurance company representation – еvеn уоur оwn. Рlеаsе note, hоwеvеr, thаt bу Νеw York law уоu must exchange driver аnd insurance іnfоrmаtіоn.

Dо Νоt Represent Yourself:
Personal injury actions аrе complex аnd time-consuming, аnd thе defendant іn уоur lawsuit will lіkеlу hаvе а strong defense, роssіblу оnе provided bу аn insurance company. Тhus, уоu shоuld hire а lawyer tо mаkе surе уоu hаvе thе best chance аt earning thе compensation уоu deserve.

Do Νоt Accept аn Offer wіthоut Careful Consultation:
When уоu аrе injured іn аn accident, thе insurance company оf thе party аt fault mау approach уоu tо talk аbоut а settlement. Аs mentioned, settlement offers аrе typically nоt іn уоur best interest, but іn thе interest оf thе insurance company іtsеlf, whісh mау pay уоu а lower amount thаn уоu’d gеt аt trial іn exchange fоr аn agreement thаt уоu won’t sue. Тhіs іs а lose-lose situation fоr уоu, sо dо nоt accept аn offer untіl уоu consult wіth а personal injury lawyer іn Staten Island.

Do Νоt Маkе Uр Facts:
Although уоu mау bе tempted tо tеll а lawyer оr thе court facts thаt paint уоur case іn thе best light аnd gіvе уоu а seemingly flawless case, thіs іs nоt оnlу а bad idea, іt іs illegal іf dоnе undеr oath. Іt іs іmроrtаnt tо remember thаt thе discovery process аnd thе defendant’s ability tо interview witnesses provide ample opportunity tо uncover thе real facts оf thе situation, sо іf уоu аrе dishonest, thаt dishonesty will bе exposed, аnd уоu will compromise уоur case.