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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.

WHEN CAN A WRONGFUL DEATH CLAIM BE FILED?

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.

WHO CAN SUE FOR WRONGFUL DEATH?

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.

NEW YORK CITY WRONGFUL DEATH ATTORNEY

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.

MISTAKES THAT CAUSE CAR ACCIDENTS

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 CAUSES OF CAR ACCIDENTS

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.

NEW YORK CITY CAR ACCIDENT LAWYER

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.

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.

WHAT IS THE MEDICAL EMERGENCY DEFENSE?

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.

HOW TO DEFEND YOUR CAR ACCIDENT CLAIM

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.

NEW YORK CITY CAR ACCIDENT ATTORNEY

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.

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.

WAYS TO MANAGE A TRAUMATIC AMPUTATION

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.

CAN I SUE FOR A TRAUMATIC AMPUTATION?

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.

NEW YORK CITY AMPUTATION LAWYER

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.

As more recalls on popular blood pressure medications rollout, users should check their prescriptions bottles and see if their medication has been recalled. Valsartan, Losartan, and Irbesartan are the Angiotensin II Receptor Blockers (ARBs) being recalled depending on the dosage, manufacturer and lot number.  The list of affected medications is not complete because the FDA is still undertaking testing of all ARBs to see if they are contaminated with the carcinogens. To see if the medication you are taking has been tested yet, and if so, what the results were, click here.

This week Teva Pharmaceuticals's voluntary recall list has expanded. Earlier in April, it recalled 35 lots of Losartan; now it has recalled an additional six lots possibly affected by the carcinogen.

The original recall states: “Based on the available information, the risk of developing cancer in a few patients following long-term use of the product cannot be ruled out”.

Teva, along with many other manufacturers, has been called on to account as to why this has occurred and to provide compensation to those who have been harmed by the medication.

The recalls which have been coming since July 2018 are the result of contamination with cancer-causing substances  during the formulatiion process. Three substances found to have contaminated many lots of Valsartan are N-nitrosodimethylamine (NDMA), N-Nitrosodiethylamine (NDEA), and/or N-Methylnitrosobutyric acid (NMBA).

A 2018 study in Denmark showed a 9% increased risk for cancer for people who ingested Valsartan contaminated with NDMA. Short term risks are still being evaluated, but the long term effects such as liver damage, stomach cancer, kidney cancer and colon cancer have been scientifically linked to the use of the contaminated drugs for longer than 6 months.

Search the full list of recalled angiotensin II receptor blockers (ARB) below by company, medicine, National Drug Code (NDC), lot number , or expiration date.

If you or a loved one has been diagnosed with liver damage or gastrointestinal cancer after extended exposure to Valsartan, Losartan, and Irbesartan, please call Sullivan Brill Personal Injury Attorneys today for a free consultation at (212)-566-1000.

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.

J&J'S RESPONSE TO THE VERDICT

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.

CALL OUR NEW YORK CITY TALC POWDER LAWSUIT ATTORNEYS TODAY AT (646) 741-3884

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.

Last night, the fifth Missouri jury to consider whether Johnson & Johnson's talc powder caused the Plaintiff's ovarian cancer returned a verdict resoundingly answering that question in the affirmative. It awarded the Plaintiff over $110,000,000, of which, $105,000,000 was punitive damages intending to punish J&J for its deceitful conduct.

The Plaintiff was a resident of West Virginia that had used Johnson & Johnson's Baby Powder and Shower-to-Shower products for over 40 years. At the time of trial, she was battling Stage III(c) ovarian cancer that had reoccurred and spread to her liver. Her case was chosen by the Defense because it felt it had a strong argument that her ovarian cancer was not caused by her use of talc powder. The entire defense centered on that argument and little effort was made to challenge the Plaintiff's evidence that talc generally causes ovarian cancer.

This verdict followed a jury verdict in favor of J&J in March of 2017 and the dismissal of 200 cases in New Jersey by Judge Johnson, who ruled that the Plaintiff's scientific evidence was not sufficient to support a finding that the genital use of talc causes ovarian cancer. That decision is presently on appeal. The first three jury verdicts in St. Louis came down in favor of the Plaintiffs and also included substantial punitive damages awards.

If you or a loved one developed ovarian cancer after the use of talc powder, it's important to speak with a New York City injury lawyer about your legal options. Contact our experienced and dedicated legal team at Sullivan & Brill, LLP to discuss your case. There are no fees until we secure compensation for our clients. Call 212.566.1000 today!

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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