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Binghamton Law Blog: Covering Topics from Personal Injury to Estate Planning Law

Was your injury caused by medical malpractice?

Going to a doctor's office can be very stressful. Many people worry what their diagnoses will be, or they become afraid if they learn they need surgery for an adverse health condition. Anyone undergoing any type of medical treatment in New York or elsewhere must place his or her trust in health care providers, since there's no way to know what a particular outcome will be. If a doctor or other medical professional commits an act of omission or negligence while caring for a patient and injury results, that patient may seek justice for medical malpractice in a civil court.

What could be worse than winding up in a poorer health condition after treatment because of someone's negligence? In fact, some situations result in complete devastation to families whose loved ones do not survive their injuries. Others are forced to go through life with partial or full permanent disabilities.

Premises liability possible concern after elevator accident

One can only imagine the sorrow associated with learning of the untimely death of a loved one. When someone was simply going about his or her business by typical means and a mishap occurs, it often intensifies the grief of the situation, especially if negligence is suspected. When it appears a particular fatal accident in New York may have been prevented were it not for a person or party's failure to maintain safety in a particular area, justice may be sought by filing a premises liability claim in a civil court.

Property owners are obligated to do everything they reasonably can to keep their guests and visitors safe. This may include making sure open walkways are free of debris or other obstructions that could pose a risk for injury. It also might mean that property owners maintain equipment and/or machinery on a particular property by conducting regular inspections and applying repairs as needed.

Child in New York suffers brain injury during holiday party

Many families in New York and throughout the nation recently gathered with loved ones and friends to celebrate the Independence Day holiday. Some attended community affairs where fireworks displays were offered in public places. Others celebrated with barbecues, games and socializing closer to home. Two parents' lives were forever changed, however, when their 7-year-old son suffered a brain injury during their holiday party.

There were reportedly hundreds of people at the gathering that included a disc jockey, various food vending sites and a lot of music and dancing. Some say there were cars everywhere in the streets as the community drew together to celebrate. At some point during the evening, the boy's mother and father realized they had not seen him for a while.

Thinking ahead may help prevent contested wills

Documenting final wishes and instructions for those charged with administering an estate is a common practice in which many New York residents engage. No two wills are exactly the same as execution is highly customizable to meet individual needs and long-term goals. There are several things estate owners can do to decrease chances of having their wills contested.

To ensure the validity of a will, it's best to rely upon an attorney familiar with the particular laws of the state where the document will be probated. State laws vary regarding issues such as how many witnesses must be present when a will is signed and other formalities. The person executing a will must also be of sound mind in order for the will to be valid. 

Many car accidents caused by road rage

A recent tragedy that occurred in New York resulted in serious injuries.  The situation may have been caused by road rage, according to one witness. The driver who apparently crashed into several pedestrians in the horrific accident was arrested following the incident. In the past, similar car accidents have led to lawsuits in court.

In this particular situation, however, a mother and three young children were walking along the road. There were apparently no sidewalks in the area. The mom was reportedly pushing a baby stroller at the time. A vehicle suddenly crashed into the four pedestrians.

Who pays medical expenses following car accidents?

Anyone who has ever navigated busy New York roadways knows how stressful it can be. Even if most motorists are alert and cautious behind the wheel, there is often little than can be done to avoid car accidents if reckless or negligent drivers are sharing the road. In such situations, it helps to know ahead of time where to turn for support if another driver causes a collision that results in injury.

Even the most minor accident injuries often necessitate several doctor visits and various types of treatment during the recovery process. Many people are forced to take time off work, which can be a real financial strain, especially for those who are paid by the hour. People often are completely unprepared to meet the exorbitant expenses associated with a motor vehicle crash.

Medical malpractice situation resolved before jury is charged

A family acting on behalf of a loved one has accepted a settlement after a trial had already been in progress for six weeks. The situation began some time ago, when a man went to the doctor saying he was suffering severe neck pain. As events unfolded, it became clear to the family that the doctor had apparently failed to correctly diagnose the man's condition. A medical malpractice lawsuit ensued. There may be New York residents currently facing similar problems.

At the time, the doctor treated the man's pain with injections that were said to have mixed effectiveness. The man was later diagnosed with cancer. He actually underwent surgery to have a tumor removed from his spine. In their efforts to eradicate the disease from his body, doctors also administered radiation and chemotherapy to the man.

New York City councilman says barriers may prevent car accidents

A particular sidewalk in New York became the rather chaotic scene of a recent traffic incident. Car accidents happen somewhere in the city nearly every day, and some, like this one, involve pedestrians. There were several witnesses to the recent collision; one 52-year-old man, a restaurant owner, came out of his establishment to render aid to those involved.

Reports so far state that a sport utility vehicle and a cab were both attempting to maneuver right-hand turns when the collision occurred. Somehow, their bumpers became entangled, at which point, those witnessing the incident say the woman driving the SUV accelerated her speed, which sent her vehicle sailing into a parked van nearby. After the SUV smashed into the van, it careened up over a curb, into a fence, then a tree, and ran over several pedestrians on the sidewalk. 

Wills can be changed and updated as needed

Many people in New York may currently be considering estate planning options to protect their assets and provide for their loved ones' futures. Some have procrastinated for quite some time but have been prompted to become more proactive after reading news stories about famous people who have died without wills in place, leaving family members and others squabbling over their possessions. Although no document is required by law since an estate plan is a highly customizable and individual compilation of documents, most people include final wills and testaments when they execute their plans.

If you choose not to sign a will, then your estate becomes intestate after you die. This means it will be administered through the probate process, and the court will decide how to distribute your assets. There is no guarantee that those you would have chosen as heirs will, in fact, be the ones who inherit your estate. Maintaining control over such decisions is the basic motive behind most people's decisions to include final wills in their estate plans.

Family of drowning victim suing Demi Moore for wrongful death

When another person's negligence causes injury or death to an innocent victim, the negligent party can be held legally accountable in a New York civil court. The process typically involves a recovering victim (or family member of a deceased victim) filing a personal injury or wrongful death claim against any and all parties deemed responsible for a particular incident. Such situations often lead to contentious courtroom battles; many times, successful verdicts and settlements are obtained by acting alongside experienced and aggressive legal representation.

A 21-year-old man in another state suffered an untimely and tragic death at the home of actress Demi Moore. She apparently was not home at the time, but her property manager was allegedly hosting a party on the premises that day. At some point, the young man tripped over an object on the ground, fell into a nearby pool and drowned.

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