084 ATLA 4C issue all 4 pgs

advertisement

B r o u g h t t o y o u b y

SCHULMAN BLITZ, LLP

A t t o r n e y s A t L a w

F A L L 2 0 1 3

If you need our services, please contact us at…

212-871-1300

www.SchulmanBlitz.com

VERDICTS and SETTLEMENTS

Here are some highlights of the results we have obtained for our clients so far in 2013:

PASSENGERS ON BUS INJURED IN

CRASH ON HIGHWAY

$405,000 for several clients who were passengers on a bus that collided with another bus on a highway in Connecticut. As a result of the accident, our clients sustained multiple injuries.

Justin Blitz, Esq., was able to resolve all of the cases at mediation shortly before trial.

SETTLEMENT FOR VICTIM

OF POLICE BRUTALITY

$250,000 for our client who was a victim of police brutality, excessive force, false arrest, and malicious prosecution. Our client’s civil rights were violated when she was at her home in the

Bronx and the police mistakenly entered her apartment, even though they were there to execute a warrant on a different apartment in the building.

They pushed, shoved, and kicked our client and arrested her under false pretenses. The police maliciously prosecuted her for over two years before they dropped all of the charges. Our client sustained physical and emotional injuries as a result of being brutalized by the police. The case was settled by Justin Blitz, Esq., shortly before the trial was scheduled to begin.

MIDTRIAL SETTLEMENT FOR

“EGGSHELL” CLIENT

$175,000 for our client who was in her car and stopped in traffic when she was rear-ended by another vehicle. During the course of the litigation, Schulman Blitz, LLP’s motion to have the defendant deemed 100 percent responsible for causing the accident was granted, and the only issue left for trial was the damages sustained by our client. As a result of the accident, our client aggravated previous injuries to her neck and back—she was a classic “eggshell” plaintiff. Due to these injuries, our client underwent surgery and extensive physical therapy and other treatment.

The case was settled in the middle of the trial by

Justin Blitz, Esq.

SETTLEMENT AT MEDIATION FOR

PEDESTRIAN STRUCK BY BUS

$150,000 for our client who was walking with her daughter across the street when a bus made a left turn and hit her. As a result, our client underwent surgery to her knee. Justin Blitz, Esq., settled the case at mediation prior to trial.

TAXI DRIVER STRUCK BY CAR

TRAVELING IN WRONG DIRECTION

$100,000 for our client, a taxi driver who was struck by a car that was going the wrong way on a highway exit ramp. As a result of the accident, our client sustained injuries to his hands and wrists, as well as a traumatic brain injury. Stephanie

Mastrocola, Esq., settled the case for the full policy limits of the defendant’s insurance shortly after the lawsuit was started.

PASSENGER INJURED WHEN

CAR STRIKES TREE

$100,000 for our client who was a passenger in a vehicle that was being driven recklessly and veered off the road, striking a tree. As a result of the crash, our client sustained a fractured ankle.

Fred Schulman, Esq., settled the case for the full amount of available insurance shortly after the lawsuit was commenced.

JURY VERDICT FOR MOTORCYCLIST

A $120,000 Brooklyn jury verdict was returned for our client who was on a motorcycle stopped at a red traffic signal when he was rear-ended by a car. Our client sustained injuries of his back as a result of the accident. Prior to the trial, Schulman

Blitz, LLP’s motion to have the defendant deemed

100 percent responsible for causing the accident was granted. At the trial on the issue of damages,

Justin Blitz, Esq., called our client’s treating doctor, a pain management specialist, as well as a radiologist to testify on behalf of our client. The insurance company’s offer before the trial was less than $5,000.

980 Avenue of the Americas

4th Floor

New York, NY 10018

212-871-1300

FAX: 646-599-9320

E-mail: info@SchulmanBlitz.com

Website: www.SchulmanBlitz.com

PERSONAL INJURY

PRACTICE

• Free consultation

• Home appointments available

• No recovery, no fee.

We do not get paid unless you do.

• Trial attorneys

R

EFERRALS

We want you to think of us as your law firm.

If you have legal matters that need attention, please let us know. If we do not handle cases in that area of law, we will refer you to a firm that does.

Please feel free to refer us to your family, friends, and neighbors for their legal needs. We welcome the opportunity to help.

CALL US. YOU’RE GOING TO

FEEL A WHOLE LOT BETTER

ABOUT THINGS .

W e t a k e y o u r f a m i l y ’s s a f e t y a n d s e c u r i t y p e r s o n a l l y .

NEW YORK’S BIKE SHARE PROGRAM—

Tips on safe riding

By Justin Blitz, Esq., and Fred Schulman, Esq.

Being lifelong New Yorkers, we have been riding bicycles in New York City since we were young children, and it is something that we continue to do today.

As attorneys and partners at Schulman Blitz, LLP, a New York City–based personal injury law firm, we have handled many cases involving bicycle accidents throughout our careers. Our law firm handles these cases from the very beginning—when the accident first occurs—through successful settlements and trials.

Without question, riding a bike in New York City is a very dangerous thing to do. We have handled countless lawsuits involving bicyclists and motorists, bicyclists and other bicyclists, bicyclists and pedestrians, and bicyclists and street defects, and we have seen many of our bicyclist clients sustain very bad injuries from these accidents. Below are some tips and applicable laws with regard to safe riding.

TIPS FOR SAFE NEW YORK CITY BIKE RIDING

Ä

Wear a helmet. Helmets save lives! Trust us on this. Brain injuries are very common in bike accidents and are usually the most devastating type of injury.

Ä

A good rule of thumb is to not turn until you have established eye contact with the driver of the car nearest you. Many accidents happen because the bicyclist mistakenly thought the driver saw them.

Ä

Ä

Be experienced. If you are not an experienced cyclist, do not attempt to learn how to cycle properly on city streets.

Participants in the program should really have some level of experience in dealing with the chaos of riding a bike in

New York City.

Always yield to pedestrians in crosswalks.

Ä

Beware of opening car doors. Another good rule of thumb is to always ride your bicycle at least three feet from any parked vehicles.

Ä

Always make yourself visible.

When riding in the daytime, wear bright clothing, and when cycling at night, always use reflective materials and lights.

Ä

Yield to cars at stop signs.

Ä

Travel only on streets that have designated bike lanes.

Ä

Do not wear ear buds or headphones while you are cycling.

Ä

Ride with proper clothing and footwear.

Ä

Cyclists are required to follow the same rules and regulations that apply to drivers of motor vehicles.

Ä

If making a left turn at an intersection, you must yield to drivers and pedestrians who are going straight.

Ä

Always ride on the street. Never ride a bike on the sidewalk.

Ä

Only ride in the direction of travel as designated for motorists

Ä on that street. Do not ride in the opposite direction of other vehicular traffic.

Do not attempt to pass other bikers.

Ä

Do not ride in the middle of avenues or streets—stay towards the side of the roads.

Ä

Obey traffic signals, signs, and pavement markings.

Ä

Always ride with traffic; never ride against it.

Ä

Stop at stop signs and red lights.

Ä

Always use marked bike lanes or paths. The exceptions to this rule are:

The street does not have a marked bike lane.

Ä

Always ride in a straight line.

Ä

Do not weave in and out of traffic.

Ä

Always look, signal, and then look one more time before making a turn or switching lanes.

You are making a turn.

It becomes unsafe to stay in the designated marked lanes or paths.

If you do choose to ride, be safe, be smart, wear a helmet, and ride cautiously. And if, unfortunately, you are involved in an accident and are injured, give us a call and we will let you know what your rights are.

SLIP and

F

A

There’s not much that is more pleasant than crisp and colorful autumn leaves. Even adults find it hard to resist kicking through a pile of freshly raked leaves.

Raking those leaves, however, can

L

L be a real chore, and it’s not just to keep your yard looking neat. Not removing fall leaves from sidewalks and steps can present a real danger to those walking by—and homeowners have a legal duty to keep their property safe for visitors and pedestrians. Like ice or snow, fallen leaves can become wet and slick, and surface defects such as uneven or cracked sidewalks or steps can be hidden by leaves.

This autumn, be sure to keep your walkways and steps free of leaves. Should a pedestrian trip and fall and hurt themselves on your sidewalk because of an accumulation of leaves, you could be held liable.

Should a pedestrian trip and fall and hurt themselves on your sidewalk because of an accumulation of leaves, you could be held liable.

We’ve all heard of people who make three right turns to make a left, and companies such as UPS route drivers with few or no left turns, but did you know that turning left is considered to be one of the most dangerous things you can do in a vehicle? According to the National

Highway Traffic Safety Administration, every year 2,400 fatalities occur in car accidents in which a vehicle is turning left. This is in contrast to 319 fatalities in accidents in which a car is turning right.

More than being a danger, if in an accident, the driver of a vehicle making a left turn actually has a heavier burden of proof. When a driver makes a left turn at an intersection without a green-light arrow and collides with a car going straight, the driver turning left is presumed to be at fault. Since they turn across traffic, they have the duty to be aware of and yield to oncoming traffic.

That’s not to say that a speeding driver who blows through a red light won’t be found liable for all (unlikely) or part of the accident, but the burden of proof will be on the driver who made the left-hand turn. In the absence of witnesses or an intersection camera, proving that the other driver had a red light could be difficult.

If you or a loved one has suffered injuries after being involved in a left-hand-turn collision, call our office to discuss your case and learn your legal rights.

In bad faith

Insurance companies will do some shady things to get out of paying a claim. Take the case of an Albuquerque man whose insurance company actually altered records so it appeared the man’s insurance policy lapsed just 90 minutes before he was killed in an auto accident. Luckily, the company was caught and the man’s family was awarded $12 million for the misdeed.

Not all tactics are this outlandish, but here are a few ways insurance companies might try to get out of paying a claim:

Delay of settlement. Insurance companies will try to delay claims as long as they possibly can in hopes that if they take too long, the claim will be dropped altogether or that, in desperation, the claimant will settle for less.

Change the policy. Always keep the most current policy on file, because a company could change the terms after a claim is filed, in order to deny it.

Cancel the policy. The company may cancel the policy after a person makes a claim.

Lowball a settlement. Never accept a settlement offer before talking to an attorney.

Don’t fall for insurance company stall-and-scare tactics.

Before talking to an insurance company after you’ve been injured in an accident, or if you have been a victim of bad-faith insurance tactics, call our office to discuss your case and your legal rights.

Honors and achievements

We are honored to announce that Fred Schulman was selected as a

2013 Super Lawyer. Mr. Schulman was nominated by his peers and selected by

SuperLawyers.com as one of the top attorneys in the New York City metropolitan area in the categories of personal injury, medical malpractice, and products liability.

We congratulate our newest associate, Michael Bender, for passing the New

York State Bar Exam. Mr. Bender is awaiting admission to practice law in the State of New York. We are proud of Mr. Bender and look forward to him continuing his excellent work for Schulman Blitz, LLP, as an admitted attorney in New York.

We applaud Justin Blitz on joining Fred Schulman as a member of the Board of Directors of the New York State Trial Lawyers Association. Both Mr. Blitz and

Mr. Schulman are long-standing members and are now directors of this important organization, whose mission is “To promote a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured, and to advance representation of the public by ethical, well-trained lawyers.”

ANNUAL

FIRM GOLF

OUTING

In August

2013, Schulman Blitz,

LLP, had our annual golf outing and enjoyed a great day on the links. The younger staff members of the firm outplayed the senior partners, and a fun time was had by all.

SCHULMAN BLITZ, LLP

Attorneys At Law

980 Avenue of the Americas, 4th Floor

New York, NY 10018

PRESORTED

STANDARD

U.S. POSTAGE PAID

LANCASTER, PA

PERMIT NO. 23

Contact us through our website… www.SchulmanBlitz.com

Educating attorneys across the United States

Justin Blitz continues to lecture throughout the country on the various topics relating to trials. In May 2013 Mr. Blitz spoke in Orlando, Fla., to a large audience on “The Art of Cross-

Examination.” In September 2013, Mr. Blitz lectured to several hundred attorneys throughout the country via live webcast. Mr. Blitz will be lecturing again in December and this coming winter. For his lecture schedule, please contact the office.

Fred Schulman continues his role as the updating author of the highly regarded book, The Preparation and Trial of Medical

Malpractice Cases, published by American Lawyer Media.

Mr. Schulman updates the book biannually, and the updates are distributed to medical malpractice attorneys throughout the country.

To order a copy of the book, please contact our office.

© Copyright 2013. Newsletters, Ink. Corp. Printed in the U.S.A. www.NewslettersInk.com

The information included in this newsletter is not intended as a substitute for professional legal advice. For your specific situation, please consult the appropriate legal professional.

Download