A cancer misdiagnosis can have devastating consequences, leaving patients with a shortened life expectancy or a reduced quality of life. If you or a loved one has suffered harm due to a cancer misdiagnosis in New York, you may be eligible to file a claim for compensation. In this law blog, we'll explore the legal options available to individuals who have been harmed due to a cancer misdiagnosis in New York and the steps you can take to protect your rights and pursue the compensation you deserve.
Can I Claim for Cancer Misdiagnosis in New York?
When it comes to cancer misdiagnosis, the statute of limitations previously made it difficult for cancer patients to get justice for medical malpractice in New York.
Often, patients would only learn they have cancer after the statute of limitations had expired. These limitations rendered them unable to take legal action against the practice that wrongly diagnosed them until the recent Discovery Rule.
In January 2018, Lavern’s Law—otherwise known as Discovery Rule—extended the statute of limitations for medical malpractice for cancer diagnoses. Previously, the statute of limitations stated that a person could sue for medical malpractice up to two and a half years after the date of misdiagnosis.
However, in 2013, Lavern Wilkinson died from complications of lung cancer, which the hospital failed to diagnose three years earlier. Because she did not learn of her diagnosis until after the statute of limitations passed, she was unable to take legal action.
What Does This Mean for Cancer Misdiagnosis?
Instead of the two year and six-month limit from the date of their original misdiagnosis, patients now have two years and six months after they discover they were misdiagnosed.
If the patient receives a new cancer diagnosis that should have alerted them to the previous misdiagnosis, that starts the timeline for the statute of limitations.
If another doctor, three years after the first, diagnoses cancer where the first doctor failed to, the patient should reasonably know at that time of the medical malpractice. If they ignore or fail to understand those circumstances, that does not extend the statute of limitations.
There are a couple of other limits to this law, too. If you learn of the medical malpractice more than seven years following it, you cannot file a lawsuit. Lavern’s Law also only applies to cancer cases.
Claim for Medical Malpractice in New York
Sgarlato & Sgarlato are your Staten Island medical malpractice attorneys, and we can get you the settlement you deserve. Call us at (347) 801-8761 or contact us online to request a free consultation and learn how we can help with your case.
N.Y. Car Accidents Involving Teen Drivers
Teen drivers pose a unique challenge to road safety in New York, as they are more likely to engage in risky driving behaviors that can result in devastating car accidents. Unfortunately, car accidents involving teen drivers are all too common in New York, and can result in serious injuries or even fatalities. Despite state regulations aimed at promoting safe driving habits, such as learner's permits and curfew and passenger restrictions, teen drivers may still engage in dangerous behaviors such as distracted driving, speeding, or driving under the influence of drugs or alcohol.
In this blog, we will delve into the common causes of car accidents involving teen drivers in New York and explore potential solutions to this persistent issue. We will also provide tips for parents and guardians on how to encourage safe driving practices among teen drivers, and highlight the legal implications for both the teen driver and any injured parties.
Parents Need To Get More Involved
If a young teenager gets their license and it is restricted to day driving only, then parents need to strictly enforce that rule. Parents also need to understand that teaching a teen to drive does not end when that teen gets their license. Parents should take their teen driver out in various driving conditions and help get their teen used to the many different driving conditions other drivers are subjected to.
There Need To Be Rules
Even if parents get their teen driver a car or that teen driver buys their own car, there should be rules to help the teen driver to stay safe. Parents should make sure that their teen goes only as fast as the maximum speed limit on any road they are on, and there should be a limit as to how many friends can be in the vehicle at once. Parents should also tell teens that their phones are to be off when they are driving.
A Little Responsibility Helps
Instead of just handing a teen the keys to a car, parents should make a deal with teens that they have to pay their own car insurance to be on the road. In many cases, teens tend to be much more responsible about driving when they understand the real financial impact of their actions.
Defensive Driving Courses
Parents should encourage older teens to take the defensive driving courses offered by the state. Not only will these courses help lower the teen's car insurance rates, but it will remind the teen about the benefits of good defensive driving.
Continue Supervised Driving
Not only should parents take their teens out for more driving lessons after the teen gets their license, parents should also tag along unexpectedly with teens when they are planning on driving. Of course, teens will fight this notion at first, but it is all good parenting when you want to be out there making sure your teen is developing into a safe driver.
New York car accidents are more likely to be cause by teen drivers than any other age group. Teens are just learning to drive, so it is important that parents continue to teach teens even after they have received their licenses. Between distracted driving and not being experienced behind the wheel, a teen can be a potential disaster on the road. But with plenty of hard work, a teen and their parents can ensure that good driving skills are par for the course.
Additional Grief and Emotions- Negligence of a Funeral Home
The loss of a loved one is an emotional and painful experience, and the grieving process can be even more difficult if you feel that your loved one's funeral was mishandled or improperly handled due to the negligence of a funeral home. The emotions that arise in these situations can be overwhelming, as you may experience a sense of betrayal, anger, and confusion in addition to the normal grieving process.
While most funeral homes offer professional and supportive services, there are unfortunately some that fall short of their obligations and fail to meet the expectations of grieving families. These funeral homes may prioritize profits over providing quality services, resulting in additional grief and stress for those who are already coping with loss.
If you and your family have been exploited or manipulated by a funeral home during your most difficult time, it's important to seek justice for your legal rights. In this blog, we will explore the impact that the negligence of a funeral home can have on the grieving process, and provide information on the legal options available to you if you believe that a funeral home acted negligently. By understanding your legal rights and taking appropriate action, you can seek justice for your loved one and find a sense of closure during this difficult time.
What Constitutes Funeral Home Negligence
Negligence is when a funeral home mishandles the body of the deceased body, fails to offer the services for which you and your family paid for, makes mistakes as a result of negligence or takes advantage of a grieving family that is in a vulnerable position. Some of the common funeral home negligence and perhaps unethical actions include, but not limited:
Stealing organs and reselling them
Improper storage of the body
Improper embalming a body
Losing cremated remains
Burying the wrong body or burying the body in the wrong plot
Stealing personal property such as gold fillings, jewelry and heirlooms
Dropping a body while transporting it
Abuse of a corpse
Coffins dug up and resold
Overcharging for procedures
Improper disposal of the body
Mixing the ashes of multiple individuals
Excessive decomposition of remain
Using a defective or broken casket
Placing multiple bodies in one coffin
Funeral Home Negligence Compensation claims
If you believe that you and your family have been mistreated or that funeral home made egregious errors, it is important to discuss your situation with an experienced personal injury attorney in Staten Island. Your funeral lawsuit may result in financial compensation for the damages, and most significantly, it may expose a negligent business and prevent similar injustice from happening to any other grieving families. It is difficult to put a monetary value on your emotional distress, but a skilled personal injury lawyer will make sure that fair compensation is offered and the at-fault parties are held accountable. It is important to act immediately, because any personal injury claim must be filled within a specific period of time. Failure to file your funeral home claim prior to the statute of limitation will eliminate your right to compensation.
Proving Negligence in Funeral Home Cases
It is important to note, however, that every action of rudeness, inattention or carelessness may rise to the level of personal injury lawsuit. Winning a personal injury claim for funeral negligence or abuse will require you to prove that the funeral home owed you and your family the duty of care, the funeral home breached the duty, the breach of duty resulted to the proximate cause of your injuries or loss.
Hire an experienced personal injury attorney in Staten Island if you have any question about funeral home negligence to determine whether the actions of the funeral home could amount to negligence or abuse.
The Ups And Downs Of Product Liability Cases
Product liability cases have been an important aspect of consumer protection laws for decades. These cases often arise when a product causes harm or injury to a consumer, and the consumer seeks compensation from the manufacturer or seller. While some product liability cases are straightforward, others can be complex and involve significant legal challenges. As such, navigating the world of product liability cases can be an up and down journey, with many twists and turns along the way. In this blog, we'll explore the ups and downs of product liability cases, including some of the challenges that plaintiffs and defendants may face, as well as the various legal strategies that can be employed to pursue or defend against a product liability claim. Whether you're a consumer who has been injured by a product, a business that is facing a product liability claim, or simply someone who is interested in the world of product liability law, this blog will provide valuable insights and information to help you navigate this complex area of the law.
Product liability cases are usually brought against the manufacturers of products that cause harm to a user or group of users. Some of these cases also try to bring the company that distributed and sold the product into the lawsuit as well for various reasons. If you are injured by a product, then you should consider a product liability lawsuit. But you should also be aware of the different things that can happen as your case goes through the civil court system.
Who You Are Suing
You might be trying to sue the manufacturer or distributor of a product with your liability lawsuit, but you and your attorney will actually be dealing with the insurance companies that represent those organizations. It is extremely important that the plaintiff in a product liability case should never attempt to talk to the defendants or their insurance companies. Your attorney is much more qualified to speak to insurance companies and you could end your case without even knowing it if you try to talk to the insurance companies on your own.
Bad User Theory
One of the first aspects of your case that the manufacturer will try to prove is that you used their product improperly. In some cases, it can be obvious that the product was used improperly and that will bring your case to an end. If you have any evidence to show that you used the product as it was intended, then you need to give that information to your attorney immediately. The bad user theory is something manufacturers are very good at using, and it is something you should be prepared for.
When a product causes physical damage either to you or your property, then that is very easy to catalog and prove. But there are many product liability cases that attempt to prove damages that are not so easy to actually see. For example, the plaintiff claims that a defective car part recently installed in their car caused the car's brakes to fail and for the plaintiff to be injured. In a case like this, the manufacturer can claim that some other defect in the car caused the accident. It is important to get as much evidence as you can that proves that the defective product caused your damages.
Most product liability cases end with a settlement between the manufacturer and plaintiff. While this sounds like the ideal solution, it might not be in your best interests to settle. If your lawsuit was filed in an attempt to prevent anyone else from getting hurt by the defective product, then a settlement will seal the case and no one else will ever know about the danger the product presents. You should discuss a settlement with your attorney and see if it is the right solution for your case.
Product liability cases are common in the medical equipment and auto parts industries, but they can be applied to any situation. If you feel that a defective product is responsible for your injuries or property damage, then you should talk to an experienced personal injury attorney about filing a product liability lawsuit.
What is negligent security?
Negligent security is a legal concept that holds property owners accountable for injuries or financial damages that visitors incur as a result of the owner's negligence. Property owners are responsible for taking reasonable measures to ensure the safety of their visitors and customers while on their property.
Visitors have a reasonable expectation of safety when they enter a property, and property owners are expected to provide adequate security to maintain a secure environment. However, in many cases, property owners fail to take appropriate security measures that could help prevent injury or harm to visitors.
If you are injured, robbed, or assaulted on someone else's property due to negligent security, you may be entitled to file a personal injury claim to seek compensation for your medical expenses, loss of wages, and pain and suffering. This allows victims of negligent security to hold property owners accountable for their failure to provide a safe environment and to recover the financial damages incurred as a result of the injury.
What is considered negligent security?
Property owners need to take appropriate security measures to prevent violent crimes from happening on their premises. They can, for instance, install CCTV cameras, and also make sure that the gates and doors are properly locked. Here are some examples of negligent security.
No security system
Property owners need to make reasonable efforts to make sure their property is safe, such as installing CCTV cameras, alarm systems, and door locking mechanisms. Not having such systems in place can be negligent security. In a case where the property owner installed these systems but failed to fix a broken security camera or alarm, they could also be liable.
No Security guard
In places like bars, a nightclub, or concerts, having security guards is necessary. Failure to have such a professional in such a place is negligent security. Hiring untrained security guards who failed to take the right measure during an emergency can also result in negligent security.
Poor or broken lighting
Criminals have a thing for darkness, and they feel protected by it. Failing to install proper lighting on your property can be negligence. Ensuring your property is properly illuminated will deter criminals from your property. Also, failure to fix a broken or dead bulb is negligent security.
Proving negligent security
The fact is that every property comes with diverse security requirements. A nightclub, for example, might need a security guard that helps keep customers safe. A retail store, on the other hand, might not need a security guard but rather, security cameras and alarm systems.
When the inevitable happens, it might be tricky to know whether you have a claim. If you can prove that the property owner was negligent, you’re on your way to getting compensated for any loss or damages.
If that is the case, you can’t do without a personal injury attorney. Feel free to get in touch by calling, or perhaps fill our contact form.
Essential Elements Of Dog Bite Lawsuits
Dog bites can be traumatic experiences that leave lasting physical and emotional scars. While dogs are often considered man's best friend, even the friendliest of dogs can become aggressive and bite. If you've been bitten by a dog, you may be entitled to compensation through a dog bite lawsuit. However, the legal process of pursuing a dog bite claim can be complex, and it's essential to understand the essential elements of these lawsuits.
When a dog gets loose in a neighborhood and bites people, the owner of that dog is responsible for any damage. In some states, the owner could have their liability reduced if they can prove that the dog was provoked in some way. But even if the dog was provoked, the primary concern in any dog bite lawsuit was the owner's negligence in allowing the dog out of its enclosed area in the first place.
Each dog bite case is different and the compensation a victim could receive from the dog's owner depends on several factors. The laws in each state are slightly different regarding dog attacks, and the severity of the attack also plays a role in the final award.
There are some basic elements of a dog bite lawsuit that can work in favor of the victim and help to secure a larger settlement.
Where Does The Money Come From?
In most dog bite cases, the settlement is paid by the owner's homeowner's or renter's insurance. If there is no insurance, then the owner may be forced to pay the settlement from their own resources. Keep in mind that if there is no insurance and your settlement is a large one, then it may take time to get the owner to pay the full amount.
The Dog's Previous History
If the dog that bit you has a documented history of biting others, then the chances that you will win your personal injury lawsuit are higher. This also applies to dogs that have a known history of being aggressive towards people, or dogs that are known to have belligerent behavior.
The Dog's Location
If you are trespassing on someone's property and their dog bites you, then it is going to be difficult for you to win your personal injury lawsuit. However, if the dog is outside their normal confines and not on a leash, the owner will be liable for two things. The owner will be liable for your injuries, and the owner will be liable for breaking any local leash laws.
An Owner's Promise
It should be noted that a dog in its confines on the owner's property is not always excused for its actions. If the owner promises a guest that their dog will not bite, then that guest would have a legitimate personal injury lawsuit if the dog does bite. This is also true if the owner is walking their dog on a leash and the dog bites someone who asks to pet it. This is why it is always smart for dog owners to not allow strangers to pet their dogs while taking their dogs for a walk.
A victim's ability to get properly compensated for losses due to a dog attack varies based on their state's laws. When a dog is properly confinded on its owner's property, the owner is normally protected from any negligence if the dog bites an intruder. But there are plenty of instances where a dog attack could become a serious legal issue for the owner. Dog owners need to make sure their pets are properly confined at all times, and they should also think twice before allowing a stranger to pet their dog.
What is a black box, and does my car have one?
You may have heard of the term "black box" in the context of aviation, but did you know that your car may also have one? Also known as an event data recorder (EDR), a black box is a device that records critical information about a vehicle's performance and the driver's behaviour leading up to an accident. While some drivers may be concerned about their privacy being compromised, these devices can be essential in determining the cause of an accident and holding responsible parties accountable. In this law blog, we'll delve into the technology behind black boxes, their legal implications, and what drivers need to know.
From how the data can be used in a court of law to steps you can take to protect your rights, we'll cover it all. So, if you're wondering whether your car has a black box and what it means for you, keep reading to find out.
What is a black box?
The black box was designed to work closely with the airbag control module (ACM), which is a system that controls when and how the airbag deploys. For this purpose, the black box will record information that could help determine the cause of the accident, such as how fast the car was moving, whether the airbag was functioning correctly, and when it was deployed to the impact.
However, black boxes must follow strict regulations by governing bodies like National Highway Traffic Safety Administration (NHTSA) in the United States. Here is the information black boxes can record:
Changes in forwarding crash acceleration
The speed the vehicle was traveling
How far the accelerator was pushed down
If the brakes were engaged
If the driver was wearing a seatbelt
If the airbag engaged
The total number of collisions, etc.
Please note that the black box can only record a few seconds of information before the crash and does not include audio or video information. However, the data it records is beneficial to the investigations or analysis after the incident.
Retrieving information from a black box
You probably have never seen your car's black box or know where it's located. While it's not impossible to identify and access, it can be quite a challenge without experience and the necessary equipment.
While a black box could help fill in the blanks after an accident, the data can be misused. In case of an accident, law enforcement is often the first group to show interest in your car's black box. However, they must obtain a search warrant to retrieve and access the information on the black box.
When involved in a car accident, the best thing you can do is to get in touch with an experienced personal injury attorney. Since information on the black box can be used against you, depending on the nature of the accident. So go ahead and give us a call or fill out our contact form to
What is the Penalty for Assault?
Assault is a serious criminal offence that can result in severe consequences. If you or a loved one is facing assault charges, it is important to understand a conviction's potential penalties and consequences. The penalties for assault can vary depending on the severity of the offence, the jurisdiction where the offense occurred, and other aggravating factors.
Assault charges can have varying legal processes depending on the jurisdiction involved. The severity and nature of the case may determine whether individuals charged with assault face misdemeanor or felony charges. Penalties for assault can be severe, including substantial fines and lengthy jail terms. It is worth noting that assault and battery are not the same, although they are often referred to as "assault and battery" when they occur together.
Assault charges can be filed even without physical contact as it may involve threats of bodily harm. The person who receives the threat must perceive it as credible for it to be considered an assault. Therefore, it is crucial to understand the differences between these charges to defend oneself properly. In this blog, we will provide an overview of assault and its legal processes, including the different types of assault, penalties, and defense options.
Penalties for Assault
Some states in the US might treat assault and battery as two different crimes, just like Texas that makes no distinction between the two. Some states divide assault into two - misdemeanors and felonies.
While misdemeanors can bag a year of imprisonment, a felony charge, on the other hand, is punishable by 10 to 25 years imprisonment. It is worth noting that the penalty is dependent on the severity of the case.
For instance, an assault with no weapon or injuries might be treated as a misdemeanor, and the penalty could either be a fine or a jail time under thirty days. But a first-degree assault, involving a weapon and some injuries can attract a prison term of up to 25 years.
Types of assault charges
There are different types of assault charges, and they determine the penalties that can be levied against the person should the accused be found guilty of assault. A person could face five major charges, and the penalities often drastically affect their lives.
These types of assault can range from:
Assault and battery
Murder or homicide
Rape and sexual assault
Irrespective of the assault charge, it is important to work with a reliable and experienced defense lawyer who you can trust with your future and freedom.
How an experienced defence attorney can help
Being convicted of simple or aggravated assault has serious consequences that will alter the course of your life. That is why you need an experienced and reliable attorney to help you fight the charges levied against you.
If dismissal is not possible, your lawyer will ensure you negotiate for a lesser charge through a plea bargain, or possibly a diversion program, or maybe go to trial and fight for an acquittal.
Whatever your case entails, have in mind that we’ve got you. We understand the seriousness of the issues, and we’re committed to helping you fight for the best possible outcome. Get in touch with us now by calling or fill out our contact form.
How Low-Level Offenses Can Have Severe Consequences
Low-level offenses, such as traffic violations or minor drug possession, may seem like relatively minor infractions that do not warrant much attention. However, these offenses can have severe consequences that impact individuals and communities in significant ways. From criminal records and fines to incarceration and disproportionate impacts on marginalized communities, low-level offenses can have lasting effects that can be difficult to overcome.
In this blog, we will explore the ways in which low-level offenses can have severe consequences and consider alternative approaches to justice that can help address the underlying issues that contribute to these offenses. As legal professionals, it is essential that we understand the impacts of low-level offenses and work towards solutions that are more effective, just, and equitable
You may not think much about it, but having a criminal record can be life and career-limiting. Most employers make it a requirement not to employ an employee with a criminal record. Apart from employment, some programs reserve the right to reject your application based on a criminal record.
A thing as a simple traffic ticket can have severe consequences and can be quite impactful, leading to having your license revoked. Imagine what that could mean to your mental health, accumulating lots of driving points only to lose it.
Aside from your right to drive, one could also lose a professional license, immediately putting an end to a person’s career. A doctor, attorney, therapist, dentist, any professional license can be revoked and your career brought to ruin.
Most college education may learn of your conviction and deny you admission, thereby hampering your life in the process. A crime, such as a misdemeanor, has the tenacity to negatively impact your life for a long time.
Background checks always tell
Whatever you do, there is always someone ready to run a background check, to be certain if you’re the ideal person. From prospective landlords, employers, and even your dream school.
These background checks will always tell on you, until after seven years at least. Once your record has stayed for more than seven years, it will no longer be in your record. That means anyone running a background check will not find anything incriminating.
Working with an experienced lawyer
Whatever be the nature of your case, it is always best to work hand-in-hand with an experienced attorney. With their wealth of experience and study, you’d be able to wiggle your way out of this one without a record to your name.
With a lawyer by your side, you will avoid some common mistakes defendants make, and if possible, exploit loopholes that will help exonerate you from the crime you may or may not have committed.
The long-term impacts of some offenses are not worth it, the reason you must hire an attorney who’s versed with the nature of your case. Go ahead and give us a call, or perhaps fill the contact form to get in touch with our attorneys.
The Legal View On Flipping Houses
If you work in real estate law, chances are you'll encounter people interested in pursuing a career as real estate developers. However, some of these individuals may feel intimidated by the term "real estate development" and prefer to refer to it as "house flipping." While flipping houses can be a profitable venture, it's important to note that it involves more than just buying, renovating, and selling a property.
As legal professionals, it's our duty to provide friendly warnings about the legal considerations that house flippers must be aware of to ensure their success. While we support aspiring developers in their pursuit of their dreams, it's crucial to understand the legal implications of real estate development.
Know The Business First
Too many people see 30-minute house flipping shows on television where professionals with years of experience seem to make thousands of dollars in profit on only a few days worth of work. The truth is that knowing what properties to buy, having the right contractor contacts in place, and knowing what will sell in the real estate world takes experience. Before you decide to put your money on the line with flipping houses, you should first spend some time as a real estate agent to get to learn the business.
Assume You Will Lose Money
The story has become familiar where a client pulls together just enough money to buy a property and pay for the initial costs of rehabbing it, but then they come to us because they have become deep in debt. Don't fall for the lure of what looks like easy and free money on television, because the reality is that there is no such thing as easy and free money. Always assume that your first couple of house flips will lose money, and have your finances in order before you get started.
Hire A Lawyer
As attorneys, we always find it disturbing that not one of those cable television house flipping shows includes a meeting with an attorney. You should never enter into any kind of real estate agreement without having an attorney look it over first. In some cases, such as with auctions, you do not get the chance to consult with a lawyer. That is why you should have years of experience in house flipping before you even attempt to purchase a property at auction that you intend to flip.
Remember That You Own The House
One of the most common reasons new house flippers come to us for help is because of holding costs, tax issues, and property issues with the house they bought to flip. It is extremely important to remember that you own the property that you are flipping and you are legally responsible for every cost and issue that comes with that house. If there is a problem with the property line, then you are on the line for it. New flippers never remember that they are the actual owners of the property until they get a visit from the city with a citation for something very expensive.
We do not want to discourage anyone from chasing their dream of flipping houses for a living. All we want to do is encourage every new house flipper to create a business relationship with an attorney first, and be prepared to use that relationship often.