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

Car accidents involving teenagers always especially tragic

Many New York parents hesitate to allow their teenage children to obtain drivers' licenses. Reasons vary, but most worry their children will get into car accidents and suffer injuries or worse. Highways are full of minors who drive, however, and sorrow is often intensified when motor vehicle collisions result in their harm.

One group of teens was recently traveling together when the nightmare of many parents came true. The person who was driving somehow lost control of steering, sending the car careening off the road. The vehicle, with at least two passengers, struck a nearby tree and life as it had been changed forever for those involved.

Possible wrongful death situation leaves many grieving at ESPN

Many New York residents who are sports enthusiasts are familiar with Chris Berman. He worked as ESPN's primary sports commentator for more than three decades. Sadly, his 67-year-old wife was recently involved in a serious motor vehicle collision that may have been a wrongful death situation.

Berman was apparently at a Mets versus Giants baseball game when members of the New York Police Department contacted him to inform him of the accident. There were reportedly two cars involved, and neither driver (one of which was Berman's wife) survived. The couple have two grown children who, along with many others at ESPN, were grief-stricken by the news.

Large mass inside man's body allegedly due to medical malpractice

When a person enters a New York hospital for surgery, it's typically an uncertain situation. Surgeons and patients usually have an idea of what will occur, but there's really no way of knowing exactly what might transpire in the operating room or during recovery. Everyone obviously hopes for the best, but sometimes things go very wrong and medical malpractice issues arise.

This is what happened to a man in another state. He underwent surgery but was not feeling well at all during recovery. In fact, he lost more than 40 pounds and was feeling so fatigued and unwell that he later said he suspected he was dying. At some point, he went back to the hospital and asked them to determine the cause of his poor health.

How to access support resources after New York car accidents

Serene, quiet and nearly empty are definitely not words the average person would use to describe a typical traffic scene in New York. In fact, most would say it's quite the opposite -- often cluttered and chaotic. One of the problems with high-traffic areas is that the more vehicles there are on the road, the greater the likelihood is for car accidents to occur.

A person can be as cautious and alert behind the wheel as possible; yet, there's not much one can do about the actions of other motorists. Sometimes, an astute driver can avoid collision with quick-thinking and appropriate reaction to a particular situation. More times than not, however, sudden and unexpected disaster occurs when a negligent or reckless driver does something that places everyone in the vicinity in danger.

New York family asks city to respond in wrongful death incident

New York police officers (and all others throughout the nation) must obey the law. When an officer is off-duty and traveling by motor vehicle, he or she is bound by the same traffic regulations and laws as the rest of the community. When an accident occurs that could have been prevented, those mourning the loss of a family member may experience intense feelings of anger and frustration. A recent apparent wrongful death situation was reportedly caused by a police officer who has since been suspended from his duties.

The situation involved a young man who was taking his girlfriend on a date to celebrate her 21st birthday. The man's sister was kind enough to act as chauffeur for the couple, riding in the backseat at the time. The man said it all happened so fast that one minute they felt something strike their vehicle, and the next thing he knew, he was in the hospital.

Who is responsible for a premises liability?

New York property owners are obligated to keep visitors as safe as possible. It's important to take care of all land, dwelling, outbuildings, etc., that may pose personal safety risk to whose who visit. When an accident occurs that causes injury to one or more people, questions may surface regarding who should be held legally accountable for medical bills and other expenses related to the incident. A top priority in such situations is determining whether grounds for a premises liability claim exist.

Let's say someone goes to a yard sale at someone's home. While there, the prospective patron trips over an electrical cord lying in grass that has obviously not been mowed in awhile. If the injured party was not warned in any way by the property owner, he or she may pursue a claim for a monetary judgment against the property owner on premises liability grounds.

Substantial recovery awarded parents in medical malpractice case

The birth of one's first child is typically a joyful, exciting experience. Pregnancy is challenging in many ways for mothers in and beyond New York, and they often breathe extended sighs of relief when their babies are born. All too often, however, doctors make errors that result in devastating injuries, turning what were meant to be happy occasions into living nightmares. A medical malpractice lawsuit in another state is evidence of this.

Attorneys acting on behalf of the parents of a brain-damaged infant secured a $33.8 million verdict after proving a doctor's negligence in court. The doctor reportedly continued use of the controversial labor-inducing drug called Pitocin. The pregnant woman's condition, however, clearly showed the need for an emergency C-section, which the doctor failed to perform.

Car accidents often lead to post-collision financial strains

New York is likely one of the busiest places on the continent. Traffic flow is almost constant, and navigating state highways is often a challenge akin to working one's way through an elaborate, complex labyrinth. On any given day, motorists, pedestrians and merchants may hear horns blaring, people shouting and sirens whirring as daily life unfolds in all corners of the state. All too often, the sounds of brakes screeching, glass shattering and metal crunching is also part of the audible landscape of New York, because many car accidents occur here.

Some people are relieved when they're involved in collisions that are minor fender-benders when no one gets hurt. Others are not so fortunate, especially those who were in accidents involving tractor-trailers. These massive pieces of machinery can be quite intimidating on the road. A recent accident injured several people near John F. Kennedy airport. Several people were taken to the hospital for treatment.

Executing solid estate plans typically involves more than wills

Invite one hundred people in New York to talk about their estate plans, and how many will show up? Chances are, half -- if you're lucky. Many people avoid discussing wills or their own mortality like the plague. However, those who understand the importance of drafting a solid plan to protect their assets and provide for their loved ones will likely be the ones to attend gatherings focused on the topic.

Family members often face tremendous challenges when no wills are set in place by loved ones gone before them. In such situations, estates become intestate, and a probate court determines to whom and how assets will be distributed. There's no guarantee the court will choose the same people estate owners themselves would have chosen had they executed plans.

Is your worsened health condition due to medical malpractice?

Who knows how many people in New York will undergo surgery this year. It's safe to assume there will be many. Reasons for surgery will likely vary, from elective procedures to life-or-death emergency situations. One thing's certain, however: Patients entrusting themselves to professional medical care have the right to reasonably assume all measures taken will be in accordance with the highest level of accepted safety standards. Otherwise, medical malpractice incidents may occur.

Substandard medical care resulting in illness or injury remains problematic throughout this and all other states. Negligence and error devastate many lives time and again; in fact, large numbers of lives have been lost because of incompetent medical care. Surgical errors are often reported as leading causal factors in medical malpractice situations.

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