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Napoli Bern Ripka, LLP Blog

Blog Category:

Personal Injury

    8/18/2008
    Oguz Ozdemir
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    Top Contenders for the Most Common Personal Injury Incidents

    Lets face it, Personal Injury incidents can occur in any way shape or form. Whether it happens because of the negligence from another, or by the victim itself, personal injuries are one of the most common forms of death. Everyone has heard of freak accidents where someone has faced death and not prevailed. In everyday life circumstance, you face a multitude of obstacles that might seem harmless could be considered as the most commonly forms of personal injury. Yes, millions and billions of people live everyday on this earth without facing death, and seem to do ok. But there are those who do face the same obstacles and do not come out successful. Well here are the top contenders that you should be aware of so that if you face it first hand you can be prepared.


                A strong competitor is construction accidents. Construction accidents occur because of faulty equipment, poor safety standards, and sub par training programs. They can occur at the faults of the construction company by not providing these essentials. Individual construction workers can also be to blame if they show up to work under the influence of a controlled substance. Also, other construction workers at the site can cause injury to another by not performing their duty of care. Construction accidents are common in big cities where construction work is heavily needed and renovated.


                Another contender is auto accidents. Auto accidents can occur in a split second and can cause devastating effects. Auto accidents can occur to due to a multitude of reasons in which sometimes it can be hard to prove who was act fault. Auto accidents occur frequently when drivers are unfamiliar with new areas when they make sudden turns and movements. Auto accidents not only cause damage to the autos involved, but also when injuries are incurred it makes the accident turn into a whole other story. An injury that occurs during an auto accident can incur costly medical bills as well as a loss of wages.


                The last contender is medical malpractice. Medical malpractice is in the lead due to the variety of complications that can come about falling victim to this personal injury issue. Medical malpractice can occur from a true accident, or even a contrived one. Medical malpractice involves misdiagnoses, giving out the wrong prescription, errors in surgery, as well as bad treatment plans. Medical malpractice is an epidemic that is sweeping the country, in which insurance rates have risen to try to curtail the issue. Construction accidents, auto accidents, and medical malpractice are all areas of personal injury that cause thousands of lives a year. By consulting with a Personal injury lawyer at Napoli Bern Ripka, LLP you will be equipped with the best legal team needed to fight against all of these personal injury threats. Napoli Bern Ripka LLP has the much needed and experience necessary to prevail over all of threats out there in the worlds.

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    Labels: napolibern.com, New York City
    8/7/2008
    Paul Napoli
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    Late-Notice Rule in New York is now in the hands of the Insurer

    In 2009, no longer will New York allow a personal injury or wrongful death insurer to file to claim coverage because of a late notice. This new rule will stand despite the fact or not if the insurer experienced harm by the postponement. Governor David Paterson signed the bill that also permits an injured party to seek a judgment for either personal injury or wrongful death. This would allow the petitioner to determine if the extent of the insurance coverage would be worth pursing.  Those who opposed the bill said, “it will somewhat level the playing field between insurers and consumers when insures fail to file claims for injuries deemed late for coverage.” This latest law will not allow insurers to disclaim coverage for claims that are past their term, however if they can prove that they were “materially prejudiced” by the postponement they may be able to get out of the new law.


                The bill however only has been put into effect in the following states: New York, Nevada, Illinois, Mississippi, Colorado, Arkansas, and Georgia. Theses are the only states that support the law to have a “no predujice” rule disclaiming coverage for claims made past their allotment of time."It was anomalous for so long that New York would allow denial of coverage for claims considered late by insurance companies," said attorney Marshall Gilinsky of Anderson Kill & Olick. "We always thought of it here as a trap door, as a 'gotcha' defense." Those who are in favor of the bill comment that the old way was unfair to those holding that specific policy. This new law has also been revised to lessen the amount of people looking to seek damages that have been denied coverage for having late notices.


    The new law will enforce a way of proof in which the responsibility will be on both the insurers and those who hold the insurance policies. Within the first two year of the happenings of the accident the insurer will have to prove how they were prejudiced by claims. And after two years of the accident, the policy holder will have to prove that insurers were not biased by the postponement. A main condition of the new law was made to lessen the number of times the injured party continue on with the claim based on little substance. This new law is going to apply to wrongful death or personal death coverage and nothing else.  The new law will also forbid disclaiming coverage relying on late notices unless insurers could prove that they experienced biased tendencies because of the postponement.


    Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka LLP, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered.


    For the full article click here

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    Labels: napolibern.com, New York City
    7/28/2008
    Oguz Ozdemir
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    Personal Injury: Summer Time and the Living Ain’t So Easy

    It’s that time of year again, summer. The days are longer, the sun is brighter, and unfortunately the number of personal injuries is also greater. The kids are out of school and people are taking off for vacations all over the world. It seems as though this time of year for relaxing and taking a load off. However, the abundance of sunshine and time is not the only thing we should be focusing on. There are things we should be aware of in the summer months that might be more dangerous than we think. Here are some following tips to think of when you are soaking in the summer sun.


                Vacations: everyone takes the opportunity to get away from the grueling day to day work in the summer months. When going overseas we have to be very observant of different laws and regulations. Make sure you put your passports in a safe place so that there are no confusions. Alcohol is a big ticket when people are on vacation. They are there to let loose and have fun. That is fine, just be careful when getting your drink and make sure that you see the bartender pouring it. When trying out new activities such as water skiing, wakeboarding, and other thrilling activities make sure to brush up on the do’s and don’ts. Being prepared and fully aware of what is going on is crucial. Make sure that your kids are of age to participate in the activity so that it is a safe and fun adventure for everyone. Also, when on vacation don’t throw your morals out of the window. If you wouldn’t do something at home, don’t do it in a foreign place. When searching for things to do, as for the advice from the hotel staff. Most likely they will have the name of numbers of certified tourist books that will help you to choose the right and safe things to do.


                Kids: now that the kids are out of school, there is a whole world of trouble to get into. If you and your spouse are both working, look into sending the kids to a day camp. This will be a safe place for you kids to be kids, while also having the supervision of adults. Make sure that your kids have things to do, then they will be less tempted to get into different types of activities where they could get hurt. If your kids are going on a vacation on another family or relative make sure that you go over the terms and conditions with them as well as the other family. Set ground rules so that they know what they can and can’t do while on their own.


                Holidays: Memorial Day, the fourth of July, Labor Day, and all other types of holidays are a susceptible for personal injury. Fireworks are pretty much self explanatory. Don’t let kids use them without any adult supervision. Be careful when setting up bonfires, grills, and any other activity involving fire for it can get out of hand pretty quickly. Don’t use any type of plastic stemware when eating around a campfire for the plastic and toxic. If on a boat for the occasion, make sure that all the safety procedures are in place and are working.


    Almost 100,000 people die per year in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Even when taking such precautions injury resulting from fireworks does occur and can cause devastating injuries. Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered.

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    Labels: napolibern.com, New York City
    7/10/2008
    Paul Napoli
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    4th of July Firework Festivities: Cause of Fun or Personal Injury

    As this time of year rolls around, celebrators who set out to have a good time enjoying the 4th of July festivities end up becoming injured by fireworks. Hospitals, clinics and other medical facilities treated more than 21,000 injuries related to fireworks in 2007, according to statistics from the U.S. Consumer Product Safety Commission cited in a news release from the American Academy of Orthopaedic Surgeons. Children and teens younger than 17 years old sustained 11,000 of those injuries.
        Most of the cases that occur on the 4th of July tend to be burn victims, Dr. Bill Hampton, an emergency room physician at Holy Family Memorial Medical Center. Bottle rockets are notorious for eye injuries because injuries can come from bending over them or from throwing them at each other.
    Besides causing personal injury, use of fireworks also can lead to fires. Deputy Chief Gregg Kadow of the Manitowoc Fire Department said in a news release more fires are reported on July 4 than any other day, and half are the result of fireworks. Citing statistics from the National Fire Protection Association, he said fireworks caused more than 1,800 structure fires and 700 vehicle fires in the latest reporting period.
        It is inevitable that people are going to be playing with fireworks; therefore it should be reinforced that the handling should be made by parents and adults. Adults who are going to light fireworks need to be aware of what they have and how it will react, said Two Rivers Fire Chief Kevin Timm. They should light fireworks on blacktop or concrete, not grass, and make sure the device is stable, so it won't topple over. It may be tempting to try to relight fireworks that don't go off the first time, but that's asking for trouble, according to the experts.
     The Consumer Product Safety Commission and National Council on Fireworks Safety advise people never to reignite fireworks that malfunction. Here are some recommendations to practice when dealing with fireworks: Always read and follow label directions, have an adult present, buy from reliable fireworks sellers, ignite outdoors, have water handy, never experiment or attempt to make your own fireworks, light one at a time, never give to small children, store in a cool, dry place, never throw fireworks at another person, never carry fireworks in your pocket, never shoot them in metal or glass containers, & dispose of properly.
    Every year more than 90,000 people die in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Even when taking such precautions injury resulting from fireworks does occur and can cause devastating injuries. Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered.

    For the full article on Fireworks click here

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    Labels: napolibern.com New York City
    6/26/2008
    Paul Napoli
    Comments (0)

    Personal Injury

    Every year more than 90,000 people die in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Some of the most common types of personal injury cases include road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. When the accident was at the fault of another due to negligence on their behalf, compensation may be entitled to the victim.


                Since personal injury includes such a broad number of categories, it is important to know how to go about determining the worth of your case from the beginning. Insurance companies use formulas to draw up an estimate so that you have an approximate number of what your personal injury claim is worth. Having this information proves to be very valuable when used to aid in the computing of the calculations. Thus when negotiations begin, you will have a good idea to what monetary value to strive for.


                Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. In recent years, there has been an increased use of mediation in solving personal injury cases. Mediation has been one of the most sought after ways in determining a reasonable settlement for personal injury cases.


                Since personal injury is such a specialized concentration, it is important to choose an attorney who focuses specifically on these types of cases. We also know when going through a personal injury lawsuit it can be a trying time in your life as well as in the lives of your family and friends. It is important however to take the steps needed in a timely fashion so that you are able to get the most out of your claim. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered. They are proficient and have deemed successful in personal injury topics such as: medical malpractice, auto accidents, wrongful death, products liability, labor law, and medical devices.

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    Labels: napolibern.com New York City

 

 

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