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Suffering from PTSD

Suffering from PTSD

You may be able to claim compensation Post-traumatic stress disorder or PTSD is a serious mental health condition that’s set off by a traumatic event. According to the National Vietnam Veterans Readjustment Study, 30% of men develop full-blown PTSD after having served in a war. Among veterans of the Iraq and Afghanistan wars, 13% was suffering from PTSD. It’s not just war veterans that suffer from PTSD. For non-war related PTSD cases, it was found that 10% of the US women and 4% of US men suffer from PTSD in their lifetimes. PTSD can incur massive medical bills along with severe personal suffering. If you are suffering from PTSD due to an accident or traumatic event you may be able to claim compensation for damages suffered. But how do you even begin to quantify the emotional and mental anguish of PTSD? An expert personal injury lawyer will be able to help you with that. But before you can claim compensation, you first need to convince the juror of the extent of your pain suffering from PTSD. This takes us to our next point. File a personal injury complaint with an expert witness Suffering from PTSD may be sufficient grounds on which to file a personal injury case to claim back compensation after an accident or injury. However, you will need an expert witness on the stand to help you make your case. This is because the specifics of PTSD are not fully understood by the average juror, and the court needs to make sure that the jury fully understands the implications of PTSD. The expert witness will explain the signs and symptoms of PTSD. Talk to a personal injury lawyer If you suffer from PTSD following an accident or traumatic event, you may be eligible to claim back compensation. Call the experienced New York City Personal Injury Attorneys at Linden Rozenberg at 212-804-8440 for a free and confidential evaluation of your case.
June 2, 2017
Can I Get Fired for Suing My Boss for Personal Injury?

Can I Get Fired for Suing My Boss for Personal Injury?

Can I get fired for suing my boss? First things first. You can’t really sue your employer if you got hurt at work. Work-related injuries happen all the time, especially if you’re working in a high-risk environment. However, most of the time workers can make use of workers compensation provided by the employer which pays for their medical bills and financial losses due to out-of-work days. Workers compensation also means that you can’t sue your company for personal injuries on top of being compensated. Yet, there are a few exceptions to the rule. When can I sue my boss for personal injuries? There are a few scenarios in which you can sue your employer for personal injuries: If your employer didn’t compensate you according to the worker compensation agreement Wrongful termination Intentional injury (in some states, including New York) Discrimination Third party injury (if you know for a fact that your employer knew you were dealing with a trigger-happy, reckless maniac) Exposure to toxic substances (on purpose or through gross negligence) Defective work products or tools (providing the employer knew about it) Can I get fired for suing my boss? Well, if your employer is completely unreasonable, we guess you could get fired. Who knows how your employer will react. They might demote you, belittle you or even fire you. The good news is that there is one more reason for which you can sue your employer for personal injury – Retaliation. If you’ve filed a workers compensation claim and your employer turns into a big meany about it, you can sue them for personal injury. By law, they are not allowed to retaliate against you by firing you, demoting you or otherwise treat you unfairly. The final answer If you got injured at work, you can’t sue you your employer except under very specific circumstances. You have to file for workers compensation. There is a chance that you could get fired. But the law protects you against such actions by allowing you to sue for personal injury due to retaliation. Please call the Experienced New York City Personal Injury Attorneys at Linden Rozenberg if you have questions about your potential case at 212-804-8440.
June 1, 2017
Can Your Smartphone Help Your Personal Injury Case?

Can Your Smartphone Help Your Personal Injury Case?

Our smartphones can pretty much do everything these days. But can it help you strengthen your personal injury case? A smartphone is your in-pocket evidence collector and can definitely help to build your case. Collect data If you are being victimized and are considering filing a personal injury case, a smartphone can help you to collect notes of specific events during which you suffered emotional or otherwise hurtful abuse. Who was present? What was said? Where did it happen? You can note specific dates and exactly what has been said and done. In the case of medical malpractice, you can keep a diary of your symptoms, the treatments you received, and the information that you’ve given and received from your doctor. Having evidence with dates attached to them will help to strengthen your statements. Take photos If you’ve been in a car accident, you can take photos of your injuries for future reference. You can also take photos of the damage caused to your vehicle. The same goes for medical malpractice if your injuries are external. If you suspect that your loved one is being abused in a nursing home, you can take pictures of their injuries or record their complaints if they will give you permission to do so. Personal Injury apps If you want a one-stop solution to collecting evidence for a personal injury claim, you can consider using a personal injury or accident app that will help you to collect all the evidence that you need to build your case. There are quite a few free apps available for iOS and Android phones and some of them were developed by architects that have helped build cutting-edge apps like fully-verified.com. With new apps being developed at lightning speed, smartphones are making it easier and easier to collect and share data. This data can be used to collect evidence that can help your lawyer build your personal injury case. It’s still best to speak directly to a good personal injury lawyer to evaluate your case, yet being armed with concrete evidence will make it easier for your lawyer to evaluate your specific case. The Qualified New York City Attorneys at Linden Rozenberg are available to answer any questions you may have. If you have been injured due to the negligence of someone else, call the experience personal injury lawyers at Linden Rozenberg at  212-804-8440 for a free evaluation of your personal injury case.
May 8, 2017
Drunk Driving Turning into Drugged Driving

Drunk Driving Turning into Drugged Driving

Driving under the influence has always been a major cause of motor vehicle accidents. In 2014, 9,967 people were killed in drunk driving crashes. However, people are becoming more and more aware of the dangers of drunk driving and with the arrival of personal transport apps like Uber, many people refrain from driving under the influence. Yet, the latest in driving under the influence is not related to alcohol, but to prescription drugs.  Public Health Reports have found that prescription drugs, marijuana, and combinations of drugs have been found in the blood of drivers involved in fatal car accidents. The Centers for Disease Control and Prevention estimate that nearly a third of all fatal accidents involve a drowsy driver; drugs such as antidepressants and sleeping aids and many other prescription drugs can cause drowsiness. Even over the counter cold medication can be a risk to drivers. Besides drowsiness, medication can impair drivers’ motor skills or depth perception and reaction time, all of which are critical skills needed for safe driving. If you are involved in a car accident where the driver seems to be cognitively impaired and the blood-alcohol content of the driver is within legal limits, insist on finding out whether the driver may have been under the influence of medication that can cause drowsiness or otherwise impair his or her driving skills. Make sure that you never get behind the wheel while under the influence of prescription or over-the-counter medication that may cause drowsiness. If at any point you feel that you are unable to drive – don’t. Grab a cab or an Uber and arrive at your destination safely. If you or your loved one have been the victim of a car accident involving a drunk driver, call the New York City Car Accident Lawyers at Linden Rozenberg at 212-804-8440 for a free confidential consultation.
May 8, 2017
Self-driving Car Accidents: Who’s to Blame?

Self-driving Car Accidents: Who’s to Blame?

In many areas, technology has surpassed what humans can do. We see more and more self-driving cars on the roads these days. If an accident happens with a human being behind the wheel, it’s easier to determine whether the accident was due to reckless driving, or whatever other reason, and the liability almost always lies with the person who drove the car. But what about self-driving cars? There was no-one behind the wheel…so who do you sue? Is this now a product liability case? How do you prove negligence? A host of things could have gone awry. The programming could have been faulty, the cameras could have malfunctioned. The software sensors could have been damaged in some way. There will have to be big investigations into what exactly went wrong, and more importantly – who was at fault. Did the owner take proper care of the car according to the manufacturer’s instructions? If not, there may be a case of negligence. The other alternative is that the manufacturer is at fault, in which case the case can escalate into a massive product liability case. Self-driving cars may be paving the way to a future with fewer road accidents, as they are becoming increasingly popular. If you follow technology news, you know that The Marketing Heaven has just recently launched a big marketing campaign on youtube to promote Tesla’s self-driven cars. We all know it’s just a matter of time before unmanned cars drive down our streets, but as with any electronic device, self-driving cars can also malfunction. The question is: what happens then? At the moment it would seem that accidents between self-driving cars or involving self-driving cars create a free-for-all arena for lawsuits. The paradigm of road accident claims will have to shift completely. Self-driving car or no, if you’re in a car accident and would like to file a case claiming personal injury expenses such as medical bills, loss of wages and personal suffering, you can contact one of Linden Rozenberg’s expert personal injury lawyers for a free consultation at 212-804-8440. Whether it’s an old-fashioned car accident or a futuristic self-driving fiasco, we’ll help evaluate your case.
May 8, 2017
Tips for Avoiding a Car Accident This Winter

Tips for Avoiding a Car Accident This Winter

The weather affects our everyday lives more than anything.  As it is getting colder and icier, people are faced with the risk of getting into car accidents due to unsafe driving habits.  It is important to be extra cautious when the roads are slippery and to make sure you maintain your vehicle properly so as not to cause injury to yourself or to anyone else. Here are some Tips for Avoiding a Car Accident This Winter Experts at Linden Rozenberg: 1. Your Car Needs the Proper Attire!  As the temperature drops, you bundle up and your car needs the same attention.  When the weather conditions make visibility difficult, you are responsible for clearing snow and ice off your windshield, headlights, and tail lights.  We recommend you buy an ice scraper this season and check your windshield wipers daily to make sure the rubber isn’t wearing out.  Likewise, it is important to check your vehicle’s brakes and oil.  Depending on how bad the roads are by you, we recommend that you invest in snow tires or chains to further protect yourself.  Many vehicles are outfitted with fancy performance tires that are simply not able to travel on an icy road.  They can both ruin and cause an accident that in the end will cost more than an extra set of tires.  And remember, if your car wasn’t built to drive in the snow, give it a few days rest! 2. Slow Down!  The roads are icy!  The state implements laws that prohibit motorists from traveling faster than the road conditions allow.  Even though you may be below the posted speed limit, you may be at fault for driving with excessive speed given the unsafe weather conditions. 3. Keep your Distance!  Unfortunately you cannot prevent accidents as someone else’s negligence.  You can maintain a distance from other cars while on the road to try to avoid them.  When the roads are wet or icy, stopping distances can increase dramatically.  If you follow the car in front too closely, you may end up causing a rear end collision! 4. Watch Out!  Not only is it important to watch out for other drivers, it is important to be careful around snowplows and road crews.  Be sure to slow down, especially in construction zones, as you may not see it coming on you hit it. 5. Keep Your Gas Tank Full! It’s cold out there and the thought of getting out of your car and pumping gas makes you shiver.  Running down to the fumes may give you bigger problems than you think.  In the winter, if you get stuck or stranded, the engine will be your only source of heat.  As long as you have gas you can stay warm! The Personal Injury Lawyers at Linden Rozenberg have extensive experience in helping plaintiffs who have been victims of motor vehicle accidents. We know that no one can ever be too careful and that a snowy day can cause someone to be extremely injured.
April 6, 2017
The Volkswagen Recall Scandal: Can You Claim for Personal Injury?

The Volkswagen Recall Scandal: Can You Claim for Personal Injury?

Everyone else is having a bit of a bittersweet laugh over Volkswagen’s superbly horrific recent history of car recalls due to faulty products. If it’s not massive carbon emissions, it’s faulty airbags or cars going up in flames. Yet,  you’re not laughing because you have bought a Volkswagen product literally burnt to ashes. What is product liability? Cases like these are called product liability cases. This is because manufacturers are liable for any injuries caused by defective products that they have placed in the hands of the consumer through their distribution chain. In short, it’s not your fault that your car caught fire. If it was due to faulty vehicle design – it’s their fault. Can you file a case as an individual? While you can’t take on a manufacturing giant as an individual (that would be crazy), if you’ve suffered an injury due to the defect, you can file a personal injury case against the dealership. The easiest way for a consumer to make a personal injury case due to a faulty product is to prove that all three of the following holds true: The product was defective in such a way that it was unreasonably dangerous for a consumer to use. One good example would be a car catching fire. You used the product in the way the manufacturer intended when it caused you personal injury. The product hasn’t changed substantially since it has been bought. If you made some major modifications to your car, you won’t stand much of a chance with a personal injury case. This is called the rules of strict liability.   Talk to a personal injury lawyer Product liability cases are one of the types of cases that you can have evaluated by a personal injury lawyer. If you have been unfortunate enough to have bought a vehicle that had to be recalled for some bizarre reason like the ability to inconveniently catch fire, you can sue the manufacturer for personal injury.If you think you have a personal injury case against a manufacturer due to product liability, why don’t you give us a call at 212-804-8440 for a free consultation? Our lawyers here at Linden Rozenberg are experts in personal injury cases.
April 3, 2017
Personal injuries result in death – what happens now?

Personal injuries result in death – what happens now?

Let’s imagine that a person was run over by a car and suffered severe injuries. The person filed a personal injury complaint, the lawyers agreed that he had a good case and a legal battle followed. Midway through the proceedings – the victim of the accident dies due to his injuries. What happens now? Any uncompleted actions in the personal injury case are now ceased Furthermore, any claims for damages due to pain and suffering are now no longer relevant. The case now belongs to the victim’s estate and his representative will be responsible for tying up the loose ends. A wrongful death case can now be pursued If the victim died before the case reached such a point where the victim could be compensated for his expenses, the family can decide to file a wrongful death case. Now that the victim is deceased,  the costs that need to be compensated for is a lot different. Now, a whole lifetime of wages hangs in the balance as well as funeral costs, financial support given to others such as educational assistance as well as the medical expenses incurred while the victim was still alive. Make sure that you have an expert lawyer to help your case This is a really difficult time. Not only are you grieving, but you’re suddenly dealing with a whole new case. It’s imperative that you have a skilled personal injury and wrongful death lawyer by your side to help you navigate the legal labyrinth. Linden Rozenberg specializes in personal injury and wrongful death cases. You can contact us at 212-804-8440 or visit our offices at 1500 Broadway Suite 903 in New York City.
April 3, 2017
Suffered From Medical Malpractice: Where to Start?

Suffered From Medical Malpractice: Where to Start?

Talk to your doctor The first thing that you need to do is to talk to you doctor to see if there is something else that he can do to remedy the situation. If he’s willing to fix what he’s done wrong, hopefully without charging you extra, there might not be a need to file a case against him, unless the costs of the effect of the malpractice were significant. Talk to another doctor If your doctor is not forthcoming in helping you with your misfortune, you can decide to file a personal injury case due to medical malpractice. Remember that you will need to be able to prove that it was due to your doctor’s negligence that you suffered personal injuries, in other words, that you wouldn’t have suffered the same if you’ve gone to another medical professional. By getting the advice from another medical professional you will be able to get a certificate of merit for your case – which will be needed during the legal proceedings to prove your case. Talk to a medical malpractice lawyer Once you have established that your doctor was indeed negligent and you have obtained the evidence from another medical professional, you can go to a qualified personal injury lawyer to evaluate your case. Remember that you only have two and a half years in New York state to file a personal injury complaint due to medical malpractice and that the clock starts ticking from the moment that you have suffered the injury. It’s best to talk to a specialized lawyer as soon as possible. Linden Rozenberg specializes in medical malpractice. If you believe that you have a case and would like to file a complaint against your doctor, you can call us at 212-804-8440. Otherwise, you can visit our offices at 1500 Broadway Suite 903 in New York City.
April 3, 2017
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Since construction accidents happen so often, the New York State laws allow for additional protection to construction workers who get injured on site, making it easier to claim for compensation for injuries sustained on a construction site. New York State Industrial Code and the Federal OSHA regulations force
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