Many people wonder who will pay for car repairs after a car accident with another driver in New York. Under New York no-fault insurance, both drivers are expected to be compensated by their auto insurance companies. Multiple factors play into how this works and how car repairs are paid after an accident. Feel free to talk to a New York City automobile accident lawyer to find out.
Under no-fault insurance in New York, both drivers in a car accident are eligible for compensation regardless of who was at fault for the accident. This compensation is meant to cover basic car accident damages like medical bills for injuries and lost wages from missed work. No-fault insurance in New York does not tend to cover car repair costs.
This leaves many drivers wondering how they are going to pay for the vehicle damages caused by the accident. Other auto insurance policies designed to cover vehicle damages might be needed to cover these expenses. However, in some cases, auto insurance coverage is not enough to pay for all the car accident expenses.
In cases like these, drivers have the option to file a lawsuit against the other driver to collect additional compensation. Under no-fault insurance laws, this usually only works if the costs of the car accident far exceed the coverage offered by insurance. The costs may exceed in terms of medical expenses, car repairs, and other financial losses from the accident.
Try contacting a New York City car accident lawyer if you have any questions about how this process works. An experienced lawyer can work with you to find the best legal options for having your car damages paid for. Taking this step is vital if you find yourself struggling to pay for the costs of the accident.
The steps for handling car accident repairs start with filing a car accident claim with the insurance company. Include details and evidence pertaining to the car accident. For car repairs, start with having your damaged vehicle thoroughly inspected. Take pictures of the damage yourself first.
Request a vehicle repair cost estimate from the repair shop. Obtain a written copy of this cost estimate and be prepared to work with your auto insurance agent on this. Sometimes insurance agents will negotiate a new cost estimate. The final step is to confirm that the insurance company will cover these costs.
When the insurance company refuses to cover the repair costs or does not offer enough coverage, you have options. Mediation, arbitration, and small claims courts can handle these disputes.
You may not have to pay for damages to your vehicle if another driver was involved. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to speak with a Westchester car accident lawyer for a consultation about the accident. Our legal team might be able to increase your compensation for medical bills, pain and suffering, and lost wages. We can be found in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
The harm caused by defective surgical mesh can be severe. Some patients suffer prolonged pain, internal organ damage, and life-threatening injuries. Medical bills to remove the surgical mesh and repair the damages caused can be expensive. You may not have to pay for these expenses if the manufacturer or surgeon was at fault. Discuss your situation with a New York City medical malpractice lawyer to find out if you can sue.
One of the most common types of surgical mesh associated with injuries to patients involves surgical mesh for hernia repairs. There have been many recalled surgical mesh implants associated with hernia surgeries.
Anytime a medical device like surgical mesh is reported as dangerous to patients, the device is recalled from consumer use.
Those who were harmed by defective surgical mesh tended to suffer various types of injuries. Some of the most common injuries caused by surgical mesh defects with hernia repairs include:
Many of these complications can become dangerous if left untreated. Organ obstructions and perforations can lead to severe consequences. Surgical repairs for these types of damages can be expensive. This is especially true for mesh migration when the mesh moves to a different location within the body. Mesh shrinkage can also inflict internal damage and pain.
You might be able to sue for surgical mesh injuries if you suffered harm as a result of negligence. The manufacturer of the surgical mesh or the surgeon who performed the surgical mesh procedure could be held liable. Filing a surgical mesh lawsuit requires figuring out who was at fault.
A doctor could be held liable if the doctor knowingly used a defective or recalled surgical mesh. There are several signs of negligence to be aware of. Doctors who claim you need additional surgeries due to mesh complications might be covering up a mesh defect. Some doctors may say this but then say the surgery is too risky.
The manufacturer of the surgical mesh could be held liable if they produced the mesh with a defect. This defect could exist in the design of the mesh or may have occurred during mass production. Design defects often lead to recalls because they exist in all released versions of the product.
Consider contacting a New York City product liability lawyer if you are unsure who was at fault for your injuries. An experienced lawyer can help you figure out who was responsible and collect evidence for your claim. Depending on the situation, you could be eligible for significant compensation.
You may not have to pay for the damages you suffered from a defective surgical mesh. Do not hesitate to contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to talk to a Long Island product liability attorney for a consultation. Our legal team is ready to increase your chances of compensation for medical expenses, pain and suffering, and lost wages. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
All it takes is one product defect to result in serious injuries and harm to consumers. Increasing your awareness of types of product defects and product recalls might help you avoid these types of injuries. If you were injured by a product, then you might be able to sue for substantial compensation. All you have to do is reach out to a New York City personal injury attorney to see what legal steps to take.
Avoiding injuries from defective products starts with knowing about the types of defects that cause injuries. The three main types of product defects are marketing defects, manufacturing defects, and design defects. Being able to identify these ahead of time could potentially prevent an injury.
Marketing defects can be found on labels, instructions, packaging, and product stickers. What often happens is a lack of information about the safe use of the product. If the product looks dangerous when used a certain way, then precautions could prevent an accident.
Design defects exist within the design of the product and might involve internal or overall mechanisms that go wrong. Manufacturing defects may include minor issues like loose screws, cracked pieces, or missing parts. In some cases, these can be dangerous. For example, car seats with loose screws could make the seatbelt fail.
Checking product recall lists online is also a helpful tool for avoiding defective products. There are a variety of websites like the Food and Drug Administration, Recalls.gov, and Foodsafety.gov that can be used to keep track of the most recent product recalls. Products are recalled when they pose hazards to consumers.
If you suspect the product you are using has faults, then consider checking these online product recall sites. See if this product is listed and if so, the best step might be to avoid using the product. Some people are able to request a refund.
In the event that you were injured by a defective product, you might be able to file a product liability lawsuit for compensation. A product liability claim involves first identifying the type of defect that caused your injury. Then the damages caused and ties to the product manufacturer must be proven.
You can prove this by collecting and documenting as much evidence as possible. Write down what happened and details about the product defect. Take pictures of the product defect, your injuries, and any other damages like property damage. Some cases like these may require evidence from receipts, product blueprints, and documents.
Consider contacting a New York City product liability lawyer for more information on how to file your lawsuit. A lawyer can help you obtain significant compensation.
Going up against a product company can be intimidating. Feel free to call the Sullivan and Brill Law Firm today at (212) 566-1000 to speak with a New York product liability lawyer for a consultation today. Our team of attorneys can help you obtain compensation for any injuries or damages you suffered from a defective product. We can be found in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Losing a loved one to an unexpected accident can be a shocking and disheartening experience to go through. The last thing many people want during these times is additional stress from financial losses. An unexpected loss may lead to several financial obstacles when loved ones are unprepared. This is when many people wonder if they can sue for wrongful death. Talk to a New York City wrongful death attorney to learn more.
Many people wonder what counts as wrongful death. A wrongful death claim can be filed when a third party is at fault for the death of someone else. This means another person or business was directly or
partially at fault for the injury that led to the passing.
Some of the most common examples of wrongful death causes include car accidents, assault, workplace accidents, and medical malpractice. While the person who caused the death may not have intended for the death to occur, this does not make them immune to liability. Even if the cause was accidental, someone could still be sued for negligence.
Negligence can take two forms, an act of commission and an act of omission. Acts of commission mean a reckless or careless action that caused harm to someone else. Whereas acts of omission are failures to take certain actions to prevent harm to someone. When these lead to death, a wrongful death claim can be filed.
A wrongful death claim can also be filed when the cause was intentional. People who assault other people may not have intended to cause the loss of someone's life, but the assault was intentional. Consider contacting a New York City wrongful death lawyer if you have questions about any of this.
Now that you know when you can sue for wrongful death, you might be wondering if you or someone else can sue. Those who can sue for wrongful death are generally limited to family members of the deceased loved one. This mostly means immediate family members like spouses and children.
However, in some cases, distant family members like grandparents can file a wrongful death claim. In cases like these, the grandparents may need to prove they were the guardians of the person who passed away. There must be some type of close tie between them.
In certain cases, financial dependents can also sue for wrongful death, especially if their lives have been disrupted. This could be someone who was living with the person and who was financially dependent on the deceased loved one.
Navigating the legal aspects of a wrongful death claim is not always easy. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York wrongful death lawyer for a free consultation today. Our Puerto Rico legal team is ready to help you obtain compensation for funeral costs, pain and suffering, and income loss. We can be found throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
In the blink of an eye, one simple mistake can quickly lead to a catastrophic car accident. This means that being astutely aware of some of the most common mistakes associated with car accidents can be helpful. This may help prevent future car accidents and might help when filing a car accident claim. If you suffered injuries from another driver, then you could be eligible for compensation. Reach out to a New York City car accident lawyer for more information.
There are four types of driving errors that can increase the chances of a car accident. These include performance errors, recognition errors, decision errors, and non-performance errors. Being aware of these
types of errors may help with avoiding car accidents in the future.
Performance errors are described as using poor directional control over the vehicle. They are also described as overcompensation. Using poor directional control might look like not staying in the proper lane or turning too quickly. Overcompensation often means steering or braking too quickly when coming across a sudden change on the road. This could lead to a rollover accident.
Recognition errors involve not paying attention or not noticing important chances on the road. Pedestrians crossing the street, drivers turning left, and drivers shifting lanes may lead to accidents when a driver fails to notice these changes. Distracted driving like texting while driving plays a big role in these types of accidents.
Decision errors occur when a driver makes a risky decision like driving too fast on a sharp turn. This might also mean misjudging their distance from other drivers. Risky driving decisions like rapid lane changing and speeding can also lead to accidents.
Non-performance errors happen when drivers do not take any action and an accident occurs. This often looks like falling asleep at the wheel or experiencing a medical emergency like a stroke.
Other driving mistakes that can cause car accidents include failure to use a turn signal, not checking blind spots, and speeding through yellow lights. Not using a turn signal confuses other drivers and can easily lead to an accident. This is especially true at four-way stops where other drivers depend on knowing what the other driver is about to do.
Failure to check blind spots while shifting lanes can lead to side-sweep car accidents. The same outcome can happen when mirrors are not checked properly. Lastly, speeding through yellow lights may result in accidents when time runs out and the light turns red.
Try contacting a New York City car accident lawyer if you suffered injuries in an accident with another driver. Depending on what happened, you could be eligible for compensation.
Proving a car accident claim can be difficult. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York automobile accident attorney for a free consultation. Our Long Island legal team might be able to increase your chances of compensation for lost wages, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
All it takes is one minor driving error to cause a major traffic accident. Since trucks like 18-wheelers are so massive, the damages can be catastrophic. Several drivers can be affected by a large truck collision. Identifying the error that caused the truck accident you were is important if you want to file a claim for compensation. Reach out to a New York City truck accident attorney to find out what steps this might take.
The most common truck driver errors that lead to truck accidents include errors in judgment, lane changing, speed, and right-of-way. Judgment errors most commonly involve things like failing to stop, not braking early enough, and misjudging what other drivers are doing.
For example, a driver may try to pass a truck driver who is turning right. Due to the large size of these trucks, this maneuver can leave a driver little room to pass. The driver may not realize how much room the truck driver will take up in the other lane while turning. This can lead to a side collision.
Lane-changing errors happen in similar ways when drivers merge into traffic the wrong way. Merging too late can lead to rear-end accidents when truck drivers do not have enough time to come to a stop. Changing lanes too quickly in front of a large truck can create similar problems.
Speeding errors may involve not slowing down at construction sites and misjudging speed. A truck driver may not realize they are driving too fast for an upcoming sharp turn. The same goes for other drivers on the road. Drivers may also misjudge how fast a truck is driving and think it is safe to merge or turn in front of the truck.
Right-of-way errors involve unsafe turns, passes, and crossings. This may also involve crossing lane lines while passing a large truck.
If you were on the other end of a major truck accident, you have options. Taking these car accident steps could help you secure compensation. The first step to take is to move to safety and call 911 if anyone is injured.
Make sure the police and paramedics arrive, especially if you are injured. You will want a copy of your medical records and the police report if you want to file an accident claim. Collect the truck driver's basic contact, vehicle, and trucking company information. Write down details about the accident, including the cause.
Consider contacting a New York City truck accident lawyer to see what other steps you can take to improve your chances.
You may not have to pay for the damages caused by another driver. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York truck accident lawyer for a free consultation today. Our Kings team of lawyers is ready to help you obtain compensation for medical bills, pain and suffering, and lost income. We can be found throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Knowing what increases the chances of teen driver car accidents can be enormously helpful when filing an accident claim. If you were in an unexpected car accident, then you could be eligible for compensation that could pay for your medical bills and car damages. This requires filing a car accident claim. Feel free to talk with a New York City automobile accident attorney about what steps this will take.
Teen driver car accidents tend to have common causes associated with them. Some of the most common teen driver accident causes include:
Distracted driving is one of the most well-known causes of teen car accidents. Texting while driving stands out as the most common form of distracted driving involved in these accidents. However, texting is not the only type of distracted driving. Other forms of distracted driving include eating, reaching for something in the back, not paying close enough attention to the road, and looking through CDs.
Drugged driving can mean consuming alcohol, illicit drugs, or medications that warn against driving. Drunk driving is the most well-known cause but not the only cause of teen driver car accidents. Abuse of prescription medications may also result in car accidents if the teen decides to drive while the medication is still in effect.
Driving with multiple passengers is particularly riskier for teen drivers due to less driving experience. Having other teens in the vehicle while a teen with minimal driving experience is driving can raise multiple risks. These risks include distractions while driving and being influenced by their friends to take greater risks while driving.
This leads to risky driving behaviors like pulling into traffic too soon, illegal lane changes, speeding, and turning too quickly or sharply.
Do not panic if you find yourself on the other end of an accident as a teen driver. There are several teen driver accident steps you can take to protect yourself. Taking a deep breath is often powerful enough to regain your composure and think more clearly. Mistakes can be made while in panic mode.
Call 911 to ensure you and others are protected by ensuring professional help is on the way. Always call 911 if you or anyone is injured. Once you are in a safe spot, try collecting as much information and evidence as you can by writing details down and taking pictures. Consider contacting a New York City car accident lawyer if you have questions about the next steps.
The aftermath of a car accident can be overwhelming but you do not have to face this alone. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York car accident lawyer for a free consultation today. Our Queens legal team can help increase your chances of compensation for medical expenses, pain and suffering, and lost income. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Pedestrian accidents can come with severe consequences like life-threatening injuries and liability issues. Being aware of the most common causes of pedestrian accidents and safety tips might help you avoid these accidents in the future. If you were struck by a driver who was negligent, then you could be eligible for significant compensation. Ask a New York City pedestrian accident attorney for guidance if you have questions.
The first step to avoiding pedestrian accidents is being aware of what causes them. Knowing what not to do is almost always as important as knowing what to do to protect yourself from these accidents. Some of the most common pedestrian accident causes include:
Knowing that many pedestrian accidents are caused by not obeying crosswalks or failing to yield to traffic can be helpful. This means pedestrian accidents can be reduced if pedestrians follow crosswalk signals, use sidewalks instead of roadways, and yield to oncoming traffic. Running in front of traffic is risky and may result in severe injuries in the event of a collision.
Likewise, drivers can cause pedestrian accidents with risky behaviors. Common driving behaviors that increase pedestrian accidents include speeding, failing to yield to pedestrians at crosswalks, and not paying attention. Both drivers and pedestrians can cause accidents by being distracted. Texting while walking or driving has led to many pedestrian accidents.
Drivers can avoid pedestrian accidents by going the speed limit, not engaging in distracted driving, and following crosswalk laws. Some crosswalks have traffic signals while others have stop signs, yield signs, or signs telling drivers to slow down. Following these signs, even in parking lots, is important. Otherwise, other drivers and pedestrians can become confused, and a mistake can cause an accident.
There are several pedestrian safety tips that can decrease the chances of an accident. For one, following all road signs and crosswalk rules is vital. Knowing when to yield to traffic is important for not confusing drivers which helps avoid accidents.
Using sidewalks is much safer but when sidewalks are unavailable, walking while facing traffic is the next safest option. Keep as far away from traffic as possible and avoid walking on roadsides, if at all possible, when there are other ways to reach a destination. Be wary of drivers backing up or driving in parking lots.
Consider contacting a New York City pedestrian accident lawyer if you were in a serious accident.
You may not have to deal with the aftermath of a pedestrian accident alone. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York personal injury attorney for a free consultation. Our Richmond legal team might be able to help you obtain compensation for lost income, pain and suffering, and medical costs. We can be found in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
An unexpected fall can lead to serious injuries for adults aged 65 and older. Not only can medical bills add up fast, but severe fall injuries can lead to lifelong impairments. For some people, this can create financial problems. However, you may not have to pay for these expenses if the property owner was at fault. Talk to a New York City slip and fall lawyer if you think your fall injury was caused by someone else.
Not everyone realizes how serious fall injuries can be in people aged 65 and older. Around 3 million people in the age group have to go to the emergency room for a fall injury each year. Not only do falls commonly cause brain injuries, but many of them also result in deaths in this age group.
Falls are more dangerous for people aged 65 or older due to decreasing physical health with age. Not only are vision problems more common but so are difficulties with walking, balance, and reaction time. Some of the most common fall injuries in this age group are severe:
Most bone fractures from fall injuries happen in the hips, wrists, ankles, and arms. Severe bone fractures can lead to chronic pain and lifelong problems with walking. So can certain soft tissue injuries. These types of injuries may damage the tendons, muscles, or ligaments, which can reduce the range of motion and movement in the afflicted joint.
Traumatic brain injuries in the moderate to the severe range can lead to a variety of major complications. Thinking, sensation, movement, vision, and personality can all be impacted by a brain injury. Some brain injury impairments are irreversible.
Many people wonder what makes falls more common in the elderly. Being aware of common causes might help you avoid a fall injury in the future. Some of the most common causes of falls in the elderly are:
Falls can be reduced by being aware of medication side effects, walking slowly, and taking time to stand up. Becoming aware of surroundings before proceeding is helpful. However, if your fall was caused by a loose wire, unlevel footing, or wet floors on someone else's property, then you could be eligible for compensation.
Try contacting a New York City personal injury lawyer to discuss what legal options you might have for suing.
You may not have to pay for injuries caused by a negligent property owner. Contact the Sullivan and Brill Law Firm at (212) 566-1000 to speak with a New York premises liability accident lawyer for a free consultation today. Our Nassau attorneys can help increase your chances of compensation for medical bills, pain and suffering, and lost wages. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Violent car accidents can often result in severe and life-threatening injuries. Catastrophic car accident injuries could warrant additional compensation that can help cover added expenses associated with these types of injuries. If you have any questions about how to obtain additional compensation, then ask a New York City car accident attorney for help.
Catastrophic car accident injuries are the types of injuries that are severe, life-threatening, or life-changing. Many of these injuries result in either long-term expensive medical treatments or lifelong impairments and disabilities. Some of the most common types of catastrophic car accident injuries are:
The long-term effects of traumatic brain injuries vary wildly depending on which of the brain is injured and the injury severity. Some brain injuries heal within a month or longer. Moderate to severe brain injuries can come with lifelong deficits in thinking, movement, sensation, communication, or personality.
Motor deficits from brain injuries can cause problems with walking, physical activity, and coordination. Some people might become unemployed as a result. Thinking problems related to memory, attention, or logical reasoning can also lead to difficulties with maintaining a basic income.
Spinal cord injuries can result in partial or full-body paralysis. Breathing and eating problems can result. This can dramatically change a person's life. Traumatic amputations can also lead to physical disabilities that may limit job options and limit physical activities.
Severe burn injuries create multiple complications from infection risks, chronic pain, disfigurement, and surgical amputations. Some burn injuries may result in long-term disabilities.
If you suffered catastrophic and life-changing injuries from a car accident caused by another driver, then you could be eligible for additional compensation. Being aware of the compensatory damages offered for car accidents can help you figure this process out. The two main compensatory damages are economic and non-economic damages.
Economic damages cover measurable monetary losses from the car accident. These include medical bills, car repair costs, car replacement expenses, and lost wages from missed work. You can prove these with bill statements, medical records, pay stubs, receipts, and other documents.
Non-economic damages include subjective distress caused by the accident like physical pain or psychological suffering. Proving these damages can be challenging and may require witness statements or therapy records. Pain and suffering, emotional distress, loss of enjoyment, and the loss of your relationship are types of non-economic damages.
Consider contacting a New York City car accident lawyer if you have questions about how to prove each of these damages. Your lawyer can also help you add up damages you could sue for to maximize your compensation.
Major car accidents can happen at the most unexpected times. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York automobile accident attorney for a free consultation. Our Suffolk legal team can help you obtain additional compensation for lost wages, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
While car accidents cannot usually be predicted, there are ways to decrease the chances of future accidents. Looking into various driving safety tips and defensive driving methods might reduce your chances of a car accident. If you were in a major accident, you could be eligible for compensation depending on the circumstances. Talk to a New York City car accident attorney to find out.
Many driving safety tips come from knowing what causes car accidents the most. The top causes of car
accidents are distracted driving, drugged driving, sleep deprivation, and speeding. Other common causes include risky driving maneuvers and not checking blind spots.
One major way to reduce the chances of a car accident is to avoid all of these main causes. Avoid driving when drunk or sleep-deprived. Pull off to the side of the road to use the phone instead of trying to continue driving. Always check blind spots and drive cautiously instead of taking even small risks.
There are also tips for avoiding certain types of car accidents. Hydroplaning can be avoided by slowing down on wet roads. If the vehicle starts hydroplaning, rather than hitting the brakes, slowly apply pressure to the brake pedal. Allowing the car to slow down on its own is much safer than trying to regain control.
Reduce rear-end car accidents by maintaining two car lengths of distance from other drivers. Slow down instead of tailgating. Left-turn collisions can be avoided by following a similar rule. What tends to cause these accidents is failing to accurately judge distance and time. Be sure to give yourself plenty of distance and time to turn in front of traffic.
Defensive driving is a set of driving skills that can significantly reduce the chances of a car accident. Many people associate defensive driving with legal punishment. However, learning about defensive driving skills can give you major advantages for avoiding car accidents.
Defensive driving is all about caution and thinking ahead. Instead of going in blind, defensive driving teaches people to expect what other drivers might do. This means preparing for how other drivers may react to changes on the road and other drivers.
This means keeping enough driving distance from drivers in front of you. Going the speed limit and slowing down in inclement weather is part of this. Avoiding distractions and keeping an eye on mirrors, blind spots, and changes on the road is vital.
However, if you find yourself in an accident, feel free to contact a New York City accident lawyer for advice. You could be eligible for compensation.
Knowing what to do after a car accident can be confusing. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York automobile accident attorney for a free consultation. Our Rockland Counties legal team can help you increase your compensation for lost wages, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
When the pain and soreness from a car accident have still not gone away after a week, many people become concerned. Certain injuries might induce chronic back pain that lasts several weeks, months, or years. Figuring out the cause of your back pain could help you potentially sue for additional compensation. Explain your situation to a New York City automobile accident lawyer to see if you could qualify.
The violent forces and impacts of a car accident can inflict various types of damage to the back. Finding the precise cause of your back pain often requires a visit to your doctor or a specialist. Some of the most common causes of back pain after a car accident include:
Strains involve stretched or torn muscles and ligaments that make up the back and spine. This can happen in the upper, middle, or lower back. Torn muscle and ligaments may require surgery to reattach tissues for proper healing. Some strains may involve pain and soreness that persists after the injury or surgery.
Ruptured disks involve ruptures of the discs between each vertebra that serve as cushions. Without these cushions, the nerves around the spine can become compressed which results in pain. This might be managed with surgery and prescription medications.
Spinal cord injuries represent the most severe type of back injury because this injury can cause lifelong paralysis. Severe back pain right after a car accident could indicate a spinal cord injury. Some spinal cord injuries can result in chronic pain depending on whether the nerves and spinal cord were damaged.
Spine fractures, otherwise known as fractures to the vertebrae that make up the spine, can cause spinal cord injuries. These fractures may also result in pain if nerves are damaged.
You might be wondering if you can sue for chronic back pain. If the other driver was partially at fault and your injuries are severe, you could sue for additional compensation. Increase your chances by documenting medical evidence tied to the car accident and your back pain.
Keep a written log with dates and times of your back pain, daily struggles, symptoms, and treatments. Detail doctor's appointments, medical expenses, and medications. Talk with your doctor about how the pain started right after the car accident. This is essential for tying your injury to the accident.
Consider contacting a New York City accident lawyer about how to file a car accident claim for compensation. This compensation could cover your pain and suffering.
Dealing with chronic back pain can be exhausting. Call the Sullivan and Brill Law Firm at (212) 566-1000 to talk to a New York car accident attorney for a free consultation today. Our Puerto Rico lawyers are prepared to increase your chances of compensation for lost income, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Certain unexpected medical emergencies like heart attacks can make a driver immune from liability for a car accident. This involves using the medical emergency defense when submitting a car accident claim. However, specific criteria must be met to qualify a driver to use this defense. Feel free to ask a New York City car accident lawyer to see if this could apply to your car accident.
The medical emergency defense is something that could make an at-fault driver immune from liability in a car accident. Only certain medical emergencies can qualify for this defense to work. Common examples of medical emergencies that usually qualify include:
What these all have in common is they are unexpected, unforeseeable medical events. They are also sudden medical conditions that are hard to manage in enough time to pull off to the side of the road. These medical events are severe enough to make drivers lose control over their vehicles.
For the medical emergency defense to work, the driver must prove the medical event caused a loss of control over driving. This loss of control must have happened before the car accident. Proving these can be difficult depending on the complexity of the accident.
If the medical emergency or event is deemed predictable, then this defense may not work. When the driver was aware of the medical condition or forewarned not to drive due to a medical condition, this could also work against this defense. Certain disorders like epilepsy, for example, may disqualify people for the medical emergency defense since they know about the risks of driving.
You can use the medical emergency defense in your car accident claim to defend against liability. Other necessary car accident steps can improve your car accident claim. One of the most important steps is to call 911 if anyone is injured. Contact the police for the same reason or if property damages are severe.
Be sure to collect the other driver's contact and auto insurance information. Without this, filing an accident claim will be extremely difficult. The same issue may arise without a copy of the police report. Obtaining a copy of your medical records is also vital to prove any injuries you suffered.
You might be able to request compensation from the other driver if you suffered injuries and the other driver was partially at fault. Consider contacting a New York City accident lawyer to see what legal steps this requires.
You may not have to pay for all the car accident damages yourself. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to speak with a New York automobile accident lawyer for a free consultation. Our New York City attorneys might be able to help you obtain compensation for medical expenses, emotional distress, and lost wages. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Over the last decade, the use of bicycles to get around New York City has more than quadrupled. Citibike began operating in New York City in May of 2013, and since that time, New Yorkers have taken over 50 million rides. Membership has increased from 5,000 to over 150,000 and there are now over 950 docking stations throughout Manhattan, Brooklyn, Queens, Bronx, Staten Island and New Jersey City. That trend has been accelerated by the Coronavirus pandemic.
Nationwide, bicycle sales have doubled. In May of 2020, it became nearly impossible to by a bicycle at local bicycle shops in New York City. Lines snaked around corners in Brooklyn and Queens. Showroom floors where empty. New Yorkers, concerned about the spread of the coronavirus on subways and buses, rushed to buy bicycles ahead of New York City's planned reopening in June.
Along with this increase in bicycle use, there has been an increase in bicycle accidents. In the last month, the New York City Police Department reported a 7% increase in bicycle accidents compared to 2019, while simultaneously reporting a 60% decrease in total collisions. As more people get back to work in New York City and choose to commute by bicycle, the incidents of injuries resulting from bicycle accidents is sure to increase.
While New York City has continued to expand its installation of protected bike lanes, New York City still lags behind many major cities. Accordingly, bicyclists in New York City need to be extra-vigilant to avoid begin injured or killed by a motor vehicle in New York City. While the risk of bicycle riding in New York City has decreased when taking into account the increase in rides, the absolute number of fatalities has generally remained in the range of 150 deaths per year. Last year was the exception with cycling deaths nearly tripling. Now, with a surge of bicyclists on the roads, many of whom have chosen bicycle transportation as their primary means of transportation for the first time, we are concerned that the incidents of serious injury and death are likely to continue to rise.
To protect yourself, Bike New York recommends that bicyclist always ride in the same direction as traffic, never ride within the “door zone”, the area within 4-5 feet of parked cars, be extra careful at intersections, avoid making a left-hand turn from the right side of the intersection or a right turn from the left side and obey traffic signals and signs. Bicyclists should also remember that they are required to follow the rules of the road, just like cars. In New York City, a bicyclist must use a bike lane whenever available, unless at an intersection or where the use of the bike lane would be unsafe.
However, vehicles in New York City must also remember that on most streets in New York City in many circumstances, bicyclists have the right-of-way. Motorist have a duty to keep a vigilant lookout for bicyclists, to sound their horn to warn a bicyclist of danger and to avoid colliding with a bicyclist. Driving on or across a bike lane is prohibited, except when necessary to access a driveway, leave a parking space, cross or turn in an intersection, comply with law enforcement officer or avoid an obstacle. Bicyclists are permitted on both sides of most one-way streets.
When a car, truck or bus crash into a bicyclist, the bicyclist is often seriously injured. These accidents call for prompt investigation so that potentially valuable evidence can be preserved. The bicyclist may also be concerned about how they are going to pay their medical bill or replace income where they can no longer work. Fortunately, when a car hits a bicyclist, New York's no-fault insurance law will apply and the bicyclist can get these losses reimbursed through the car's insurance.
The lawyers and paralegals at Sullivan Brill handle its client's no-fault claims for free. The firm has decades of experience representing victims of bicycle accidents. In one recently resolved case, the firm recovered $425,000 on behalf of a bicyclist that injured his hand after getting hit by a car. If you or someone you care about has been involved in a bicycle accident, you should not delay in contacting an attorney. There are deadlines that must be met in order to obtain no-fault benefits and investigation that must be done to maximize the potential value of any claim against the motorist.
Going through a traumatic amputation can be so intense that shock can set in and increase the chances of death. Infections are another major risk factor associated with traumatic amputations. Knowing what basic steps to take until paramedics arrive can be vital. You can also contact a New York City amputation attorney to figure out your legal options for compensation.
One of the most important traumatic amputation first aid steps is to call 911 for paramedics. Seeking professional medical help as soon as possible is extremely important for the safety of the person with the
accidental amputation. The most dangerous risk factors are bleeding out, death from shock, and deadly infections.
These are the three main risk factors that first aid can be applied to increase the chances of positive outcomes. Bleeding should be stopped in sterile ways to reduce the chances of infection. Washing your hands before attempting to stop the bleeding is highly recommended along with only using sterile cloths and materials to stop the bleeding.
Tying a tourniquet is a common practice. Elevating the site of the bleeding is also helpful for reducing the rate of bleeding. Direct pressure is usually applied for about 15 minutes before bleeding slows down. However, applying direct pressure might be needed until paramedics arrive.
Check and address signs of shock like pale skin, dizziness, fainting, weakness, and confusion. Heavy blood loss, severe pain, and the circumstances can all induce shock. Keep the person talking and thinking to keep them from passing out.
If the amputated body part is intact, then reattachment could be possible. Rinse off the amputated body part, wrap the part in a sterile bag, and place the body part in ice. This will prevent tissue deterioration and infections that could prevent reattachment.
Many people wonder if and when they can sue for a traumatic amputation. Suing for a traumatic amputation would mean filing a personal injury claim, something that requires someone else to be at fault. Whether the amputation was caused at work, in a car accident, or on someone's property, the ability to sue depends on negligence.
If someone else was partially at fault for your traumatic amputation, then you could sue them for damages. This includes damages like medical expenses, emotional distress, pain and suffering, lost wages, and lost earning capacity. Some people may have to suffer lost income because they can no longer work the same job due to the loss of a limb.
Try contacting a New York City injury lawyer to explore what legal steps this requires. You could receive substantial compensation.
You might not have to pay for your traumatic amputation expenses yourself. Call the Sullivan and Brill Law Firm at (212) 566-1000 to talk to a New York personal injury attorney for a free consultation. Our New York City legal team can help increase your chances of compensation for lost earning capacity, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
On May 15, 2020, a proposed plan of settlement was agreed to in the Imerys bankruptcy to compensate women harmed by talcum powder. Imerys has coined itself as the world leader in the production and processing of minerals. The French-based multinational corporation has been named in the talcum powder litigation as the primary supplier for Johnson & Johnson's talcum baby powder. Over the past decade, it has faced liability lawsuits. In 2018, Imerys settled the claims of 22 women for 5.5 million in Missouri prior to trial. The trial proceeded against Johnson & Johnson and resulted in a 4.7 billion dollar verdict. In February 2019, Imerys's North American Subsidies filed for bankruptcy. As part of the bankruptcy resolution, Imerys is proposing, subject to court approval, to auction off the North American operations and put the proceeds into a trust fund for current and future women that develop ovarian cancer from their use of talcum powder. Essentially, it is offering to settle the present and future claims for the fair market value for the North American operations. In return, it will no longer be named as a defendant future liability lawsuits. "Today's announcement marks an important step toward a permanent resolution of historic talc-related liabilities," said Alessandro Dazza, Imerys' Chief Executive Officer. "The Plan, once approved by the relevant Courts, represents a favorable outcome for the Group and the Talc Subsidiaries, and will enable the Group to focus on its current operations and move forward free from these past liabilities." Under the proposed plan, the completion of the sale is expected to occur in the fourth quarter of 2020. The ramifications for the Talcum Powder multidistrict litigation and for Johnson & Johnson remain unclear. Learn more with Sullivan Brill Personal Injury Attorneys in New York.
Sullivan Brill Partner, Steven Brill sat down with the Podcast Iron Advocate and discussed his experience as a criminal defense trial attorney on cases high-intensity, high-profile, and yes, sometimes high-stress cases. The Podcast takes a deep dive into his firm's defense of Vitaly Korchevsky, an internationally known minister accused of insider trading. The three-week trial drew enormous media attention and involved voluminous discovery material. Steven discusses the techniques he used on how to stay in front of the case, organize and prepare all of the categories of evidence, and most importantly, represent Mr. Korchevsky zealously.
To listen to the full podcast follow the link below.
https://podcasts.apple.com/us/podcast/iron-advocate/id1505805581?i=1000474289685
After years of push back from Johnson & Johnson claiming it's baby powder products are completely safe, J&J has recalled over 33,000 bottles. The recall came after the Food and Drug Administration found unsafe levels of asbestos, a carcinogen, in some bottles.
For years, Johnson & Johnson has defended the purity of baby powder products in lawsuits filed by women throughout the country. The women have alleged that J&J's talc baby powder contained asbestos and fibrous talcum which has caused their ovarian and mesothelioma cancer. The individuals perusing the lawsuit are suing on the grounds that Johnson & Johnson did not warn of the increased risk of developing cancer despite being aware of them for decades, and even going as far as to cover up the evidence. Often times, these diagnoses are fatal and despite numerous extremely high jury verdicts in favor of the plaintiffs, J&J has stood by their product. They have appealed every trial decision and there have been no publicly reported settlements, instead they have vigorously fought individuals who have been harmed by their corporate misconduct.
The tests run by the FDA show trace levels of asbestos in the 22-ounce bottles from lot number 22318RB. Johnson & Johnson responded with the recall, saying they are “taking an overabundance of caution” and they also advise any individuals with baby powder from lot number 22318RB to discontinue use immediately. Although Johnson & Johnson has issued this recall after significant pressure from the FDA and public, they continue to defend their product stating that they will “determine the integrity of the tested sample and the validity of the test results”
The FDA spokeswomen, Gloria Sánchez-Contreras, responded to the accusation stating “The F.D.A. stands by the quality of its testing and results.”
Until this point, Johnson & Johnson has never recalled any of its baby powder products. They have remained on the shelves as many individuals unassumingly continue the use of a product that has caused illness in so many others. Baby powder is classified as a cosmetic product. It has no therapeutic or medical benefit whatsoever. Personal care and cosmetic products do not have to be tested by the FDA before they go to market. They are only tested, very occasionally, after public concern has been raised. Previous FDA tests of J&J baby powder from earlier this year and one from ten years ago did not find asbestos. However, there is no safe level of asbestos. Health risk increase with more frequent use but evidence suggests any amount of exposure can be harmful. Many companies that carry baby powder, such as Rite Aid, Walgreens and CVS have taken all baby powder bottles off its shelves. Other carriers like Walmart, have chosen to only remove certain lot number bottles of the 22-ounce powder. Other companies have begun to sell and market cornstarch-based alternatives which are said to have the same feeling as talcum powder without the increased risk for disease.
Although baby powder itself makes up a smaller portion of J&J sales, the threat to the company's reputation is significant. Many consumers are saying enough is enough to the corporation profiting at the expense of their safety. Johnson & Johnson has found themselves in a very unfavorable light as many ongoing litigations have fallen in the plaintiff's favor recently. Time and time again J&J continued corporate misconduct has harmed the consumer. Other litigations Johnson & Johnson are responsible for include; Risperdal, Pelvic Transvaginal Mesh, Pinnacle Acetabular Cup, Xarelto, Marketing for Opioids and many more. Johnson& Johnson has had complete disregard for the wellbeing of the consumer, selling these harmful products where oftentimes, internal documents confirm that they were aware of the risks but ignored it and hid the knowledge from the public. Their goal was and continues to be, only to deepen their pockets, even at the expense of the consumer's health. Sullivan Brill Personal Injury Attorneys in New York are here to help if you’ve been affected by the Johnson & Johnson Baby Powder recall.
If you were one of the 147 million individuals affected by the Equifax data breach you are now eligible to submit a claim. In 2017, Equifax had the largest data breach in history. On July 22, 2019, the Federal Trade Commission stated Equifax had agreed to pay at least $575 million up to $700 million to help compensate victims of hackers who stole personal information from the Equifax servers. The complete release can be found here.
Follow the link to see if you were affected by the breach. If you were Equifax is offering 10 years free creditor monitoring or if you already have credit monitoring you can choose to receive a $125 check. Additionally, Equifax is offering further compensation, up to 20,000, to those who have 1. had to spend time recovering from the breach or 2. If you lost or spent money because of the breach. If you have lost 10 hours or less you can be compensated for 25 per hour lost. Beyond ten hours individuals will have to show the appropriate documentation to prove the loss of time and or money. You can click here for the link to file your claim. The deadline to file is January 22, 2020. Learn how to claim your compensation from the Equifax data breach with Sullivan Brill Personal Injury Attorneys.
The 2017 U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Super. Ct of Cal. S.F. Cty., has left the future of talcum powder litigation uncertain.
Bristol-Myers Squibb Co. v. Super. Ct of Cal. S.F. Cty., (“BMS Decision”) was a consolidated action filed by approximately 60 plaintiffs, the majority of whom were non-residents of California. The plaintiffs alleged injuries due to the use of the prescription drug Plavix, manufactured and sold by Bristol-Myers Squibb Co. (“BMS”). Plavix was not developed in California, nor was it marketed, labeled or packaged there. However, BMS derived over 1% of its nationwide sales from California, employed over 250 sales representatives, 160 employees and had 3 small offices. BMS moved to dismiss the non-resident plaintiff's claims on grounds that the California courts could not exercise jurisdiction over the non-resident claims because it violated BMS's Due Process rights. The California courts rejected the argument, and BMS appealed to the U.S. Supreme Court. The Supreme Court reversed the California ruling and held that BMS's activities in California were not sufficient for the California courts to exercise specific jurisdiction over the non-resident's claims.
The Supreme Court case set a new precedent that will apply to other mass tort cases and will have a significant impact on future mass tort litigation. The decision makes it more difficult for nonresidents to join consolidated state litigation. This, in turn, will increase the overall cost of mass litigation and make it more difficult for plaintiffs to join together in large groups that can more effectively fight corporations. Further, it will preclude many claims that don't involve substantial injuries because the cost of bringing such claims individually or in limited groups will not justify the cost of prosecuting them.
In relation to the talcum powder litigation, this ruling has already had an impact in Missouri, and BMS will likely try to use it in California, Delaware and other states. The same day the BMS Decision was released, a Missouri judge declared a mistrial on a talc powder case it was hearing because two of the three plaintiffs were not residences of Missouri. A year later, one of the first talc powder lawsuits against Johnson & Johnson, which resulted in a $55 million verdict in 2016, was set aside by an appellate court. Citing the BMS Decision, a three-judge panel deemed the nonresidential plaintiffs unable to join the consolidated litigation in Missouri. "The high court ruled that state courts cannot hear claims against companies that are not based in the state or when the alleged injuries did not occur there,” according to the ruling. This may lead to the dismissal of non-resident claims in the future. A plaintiff's lawyer who recently won a multibillion-dollar verdict in a 22-plaintiff case in Missouri that included non-residents said, in response to J&J's threatened appeal on jurisdictional grounds, “I hope they focus their appeal on jurisdiction because I'm confident we'll win that.” He also stated that he and his team had amassed hundreds of pages of evidence regarding lobbying efforts and J&J focus groups conducted in Missouri, which he feels should be sufficient to overcome the application of the BMS Decision.
For more information about talc powder litigation and your rights, contact our New York City personal injury lawyers at Sullivan & Brill, LLP. Dial (212) 566-1000 or contact us online anytime by clicking here.
On Thursday, the latest jury to consider the link between the genital use of talc powder and ovarian cancer concluded that 22 women developed ovarian cancer from using talc powder. It took the jury less than one day of deliberations to reach its verdict after hearing six weeks of evidence. In this case, unlike all of the previously tried cases, evidence was presented that J&J's talc powder was tainted with asbestos. The jury clearly agreed with the women, awarding them $25 million each in compensatory damages. In addition to that, however, the jury assessed $4.19 billion in punitive damages intended to punish J&J for concealing and denying the link between the genital use of talc powder and the development of ovarian cancer.
After the verdict, a J&J spokesperson rejected the verdict as the product of a “fundamentally unfair process” and vowed to appeal the verdict. Of the eight ovarian cancer cases that have been presented to juries, J&J has lost seven. The verdicts have all been appealed and have either been set aside or are pending decision. J&J has yet to pay any of the verdicts and refuses to either remove its talc products from the market or to place a warning on the label. It claims that the scientific evidence is “inconclusive” as to whether the genital use of talc causes ovarian cancer. Although juries do not seem to agree, two judges, one in New Jersey and one in California, have dismissed cases on the grounds that the plaintiffs did not sufficiently prove that their use of talc powder caused their ovarian cancer. Both of those decisions have been appealed by the plaintiffs and are pending decision from the appellate court.
At Sullivan & Brill, LLP, we are dedicated to providing passionate legal assistance. If you have suffered from cancer caused by talc powder, our firm can represent you in court. We can build your case, discuss your options, and work hard to hold Johnson & Johnson, and other companies, responsible for failing to warn consumers about hazardous healthcare products.
Contact our office today to schedule a free consultation.
Read more information about Talc Powder Lawsuits.
Since the 1970s, concerns about Johnson & Johnson's talc powder have grown. Talcum powder is a substance made from a mineral consisting of magnesium, silicon, and oxygen. Since the late 1800's Johnson & Johnson has been adding fragrance to it and marketing it to women for genital use to absorb moisture in the skin and reduce friction. Studies have provided increasing evidence that the product causes ovarian cancer in women who use the powder regularly.
However, the company refuses to put warning labels on its product. Instead of warning women, it continues to target women to increase sales. Six juries in Missouri have heard the evidence against Johnson & Johnson and five of them have found that its conduct warranted a significant award of punitive damages. In the latest development, a California jury, awarded a victim of ovarian cancer $417,000,000, over $300,000,000 of which was punitive damages.
Here's what you need to know about the case.
Eva Echeverria, a 62-year-old woman, recently brought a lawsuit against Johnson & Johnson. She claimed its talcum powder was responsible for her ovarian cancer. Echeverria had started using the company's talc powder when she was 11 years old, and her diagnosis of ovarian cancer occurred in 2007.
Johnson & Johnson, the biggest healthcare company in the world, had been aware of concerns about its product for decades. However, it persisted in selling talc powder without warning labels. The repeated use for many years, according to Echeverria, led to the development of her ovarian cancer. She sought to hold the company liable for failing to warn her about the risks associated with its product, and for advertising talc powder to women without disclosing the warnings.
The claim was filed with the California Superior Court of Los Angeles County. The lawsuit is the first talcum powder case to go to trial in California. The trial lasted 3 weeks, and the jury deliberated for two days before making a final judgment.
The selection of the jury began on July 24, 2017, and the opening statements began on July 26. The plaintiff presented arguments for 10 days and presented evidence of five experts. Afterward, the defendant presented counter-arguments for four days, offering testimony of four experts.
Echeverria claimed her use of Johnson & Johnson's talc powder had led to her cancer. The jury found the company, as well as Johnson & Johnson Consumer Inc., liable for her illness. It ordered the company to pay Echeverria a total of $417 million in compensation, including $347 million in punitive damages.
Johnson & Johnson currently faces 5,500 claims in U.S. courts regarding the use of its talc powder, and a spokesperson said it would appeal the court's decision. The company claimed there was not enough evidence to prove that its talc powder caused Echeverria's ovarian cancer. Nonetheless, the jury found the company liable and determined to hold it responsible for the negative health effects of its product and for its irresponsible marketing practices.
At Sullivan & Brill, LLP, we are dedicated to providing passionate legal assistance. If you have suffered from cancer caused by talc powder, our firm can represent you in court. We can build your case, discuss your options, and work hard to hold Johnson & Johnson, and other companies, responsible for failing to warn consumers about hazardous healthcare products.
Contact our office today to schedule a free consultation.
For more information about Talcum Powder read more here.
After losing three straight trials in a St. Louis trial court, Johnson & Johnson filed a request that the cases be moved to another court. Three different St. Louis juries in the past year have returned verdicts in excess of $50 million against Johnson & Johnson for failing to warn consumers that genital use of its talc powder increased the risk of ovarian cancer. Rather than accepting these verdicts and removing its talc based products from the market, Johnson & Johnson continues to maintain that its talc powder is safe.
It explains the verdicts by asserting that the plaintiff's lawyers have tainted the jury pool by spending $10 million advertising the dangers of talc powder in the past year, a disproportionate amount, they claim, being spent in St. Louis. The trial judge that has presided over the three trials, Judge Rex Burlison, denied Johnson & Johnson's request. Johnson & Johnson is appealing that decision to Missouri's intermediate appellate court, the Missouri Court of Appeals. Call Sullivan Brill Personal Injury Attorneys to learn more about how these legal battles impact victims and their rights.
In the past two months, there have been three significant developments in the talc powder litigation pending in state and federal court. First, on September 2, 2016, a New Jersey judge dismissed 200 cases pending against Johnson & Johnson in state court. The judge found that the plaintiff's experts did not reliably establish the connection between the perineal use of talc powder and ovarian cancer. You can read the judges decision here. Lawyers on behalf of the plaintiffs are appealing this decision.
The following month, on October 4, 2016, the Judicial Panel on Multi-district Litigation issued a decision consolidating all federal cases pending against Johnson & Johnson and Imerys Talc America, Inc. This decision creates what is commonly known as in MDL, or multidistrict litigation. A multidistrict litigation is a mechanism to consolidate similar lawsuits pending in federal court around the country into one centralized federal court. In this case, the panel chose the District of New Jersey and assigned the case to Judge Wolfson, who is presently presiding over the most advanced case pending against Johnson & Johnson in federal court. The consolidation of cases allows plaintiffs attorneys from across the country to pool their resources, it voids duplicative discovery in multiple jurisdictions and minimizes inconsistent judicial rulings.
Finally, on October 27, 2016, a St. Louis Missouri jury returned a verdict excess of $70 million. This was the third case to go to trial against Johnson & Johnson. The first two cases went to trial in early 2016 and resulted in verdicts of $50 million and $70 million. In all three cases, the jury was convinced that Johnson & Johnson was aware that the perennial use of its talc powder carried an increased risk of causing ovarian cancer, yet it did not warn consumers of this danger. Some of the scientific research and documents produced in the litigation establish that Johnson & Johnson was aware of this risk as early as the 1970s.
These developments clearly indicate that this litigation is picking up steam quickly. They also indicated, however, that the ultimate outcome of the litigation is far from clear. Johnson & Johnson will surely challenge the plaintiffs' expert testimony in the MDL and will ask Judge Wolfson to dismiss all cases pending in federal court on the same grounds that the New Jersey state court cases were dismissed. Call Sullivan Brill Personal Injury Attorneys to get expert legal advice and support for your talc powder-related injury claims.
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