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Client’s Rights

We have previously written about the New York State Bar Association (NYSBA) rules governing how New York attorneys must conduct themselves when dealing with a client.

Here are Rules numbered 5) through 10) of the NYSBA “Statement of Client’s Rights,” which we proudly strive to comply with in all of our dealings with clients of our firm:

5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.

6. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.

7. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. (Court approval of a settlement is required in some matters.)

8. You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.

9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.

10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

Contact us at 1(800) 427-9546 if we can be of service to you or your family in all matters of Accidents, Personal Injuries and Medical Malpractice.

Respectfully submitted,

Oliveri & Schwartz, P.C.

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Good Luck With Your Plan to Never Need America’s Civil Justice System

Don’t care about injury victims, because you and your family plan on never being injured or killed by the wrongdoing of others? Do you care so little that you think “tort reform” is a good thing? Good luck with your plan to never need America’s civil justice system. But just in case you recognize the possibility that bad things sometimes happen to good people, and the remote but distinct possibility that you and your family could be the good people, here’s a New York Times article which discusses how tort reform “caps” prevented the truth from coming out earlier concerning the General Motors air-bag defect injuries and deaths:

http://www.nytimes.com/2014/12/30/business/victims-of-gm-deadly-defect-fall-through-legal-cracks.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-news&WT.nav=top-news

Safety Tips to Avoid Holiday Fires

Our personal injury law firm represents victims, and families of victims, for many types of injuries. Of those many types of injuries, a burn or smoke inhalation injury caused by fire is often the worst of all. Shock, infection or even death can occur. Because these injuries are often quite serious, medical expenses and rehabilitation are often very costly, not to mention the loss of wages and pain and suffering.

When we handle these types of cases, we usually retain fire experts. One of those experts has sent along this list of safety tips, which we’d like to share with you during this Holiday Season:

  • Never leave burning candles unattended. Use candles with care.
  • Do not overload power strips, extension cords, or electrical outlets.
  • Do not run extension cords underneath carpets.
  • Consider using LED Christmas lights as they are generate less heat.
  • Have an escape plan prepared.
  • Check smoke detectors.
  • If using a live tree, keep it watered.
  • Be sure your fireplace is covered with a metal screen or glass doors to prevent the spread of sparks or fire.
  • Keep a fire extinguisher in your home, and know how to use it.
  • Always turn off your Christmas lights when leaving your home, or before going to bed.

If you or a loved one has been the victim of a fire, smoke or burn injury, you have the right to pursue compensation through a settlement or lawsuit. The personal injury law firm of Oliveri & Schwartz, P.C. is prepared to fight hard for your rights while providing compassionate support. We have offices in Manhattan, Brooklyn and Long Island and accept cases throughout New York State.

To schedule a free initial consultation, please call 1(800) 427-9546.

We wish you an enjoyable – and safe – Holiday Season!

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Football Season Is Here!

Football Season Is Here!

Football is back, and we’re hoping for a healthy, safe season.

Recently, leaders of the National Football League (NFL) and the Pop Warner youth league announced a partnership between the NFL and Pop Warner to endorse USA Football’s Heads Up Football program. We are told that Pop Warner coaches will be trained to teach the latest techniques and make the game safer for hundreds of thousands of young football players. The Heads Up Football program is supposed to make the game safer by teaching players to keep their heads up and out of the line of contact.

Concussion awareness has been in the sports news lately, primarily because of the recent historic settlement between the NFL and many of its injured players. With this in mind, we note that the Pop Warner youth league has introduced a dedicated concussion rule, which is supposed to limit contact in practice and banning head-to-head contact.

Have fun, but stay healthy and safe. That’s what we’re rooting for this Football Season.

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Catastrophic Injury Claims

Catastrophic Injury Claims

When we describe the many types of clients represented by our firm, it becomes apparent that we handle many cases that involve “catastrophic injuries.” Defining a “catastrophic” injury is not an easy task. To some extent, our clients might think of their personal injuries as being catastrophic, when considering the many ways that the underlying trauma has negatively affected their lives. Indeed, we do our best to acknowledge to all of our clients that the injuries they suffered do deserve our utmost attention.

However, in the realm of personal injury and medical malpractice law, there are certain types of case injuries that are most commonly labeled as “catastrophic injuries.”

Whether you, or your loved one, have suffered traumatic brain injury, spinal cord injury or paralysis, you deserve a law firm that is successfully experienced in representing catastrophic injury clients.

Just a few examples of case types and catastrophic injury examples handled by Oliveri & Schwartz, P.C. are :

Spinal Cord Injury
Traumatic Brain Injury
Burn Injury Cases
Back Injuries
Organ Damage
Paralysis
Motor Vehicle and Highway Collision
Premises Liability
Trucking and Car Crashes.

If you are not ready to retain attorneys at this time, but have questions and concerns, we invite you to contact us right away. Our consultations are always without obligation and without charge.

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Happy Labor Day

Happy Labor Day

Oliveri & Schwartz, P.C. – New York Personal Injury & Medical Malpractice Attorneys – will be closed on Monday, September 2nd.

If our law firm can be of any assistance, we look forward to speaking with you on Tuesday, September 3rd. Our Toll-Free phone is (800) 427-9546.

We wish you and your loved ones a happy and safe Labor Day weekend!

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Inadequate security at condominium complex leads to resident’s rape

Inadequate security at condominium complex leads to resident's rape

We have handled New York personal injury matters premised on inadequate security, and are sharing a recent Personal Injury case from Florida. The plaintiff (the injured victim) was in the parking lot of her condominium complex at about 11 p.m. when a man attacked her. She initially got away from the attacker, but he followed her to her apartment, kicked in the door, raped her and fled. He was never apprehended.

Following her sexual assault, the plaintiff suffered extreme emotional distress requiring therapy. She also suffered facial bruising, nasal fractures, and arm lacerations.

She sued several defendants: the companies that owned and managed the complex, the condominium association, and the company hired to provide security. She alleged that the defendants failed to provide adequate security and ensure that the common areas were safe.

The plaintiff claimed that all of the complex’s gates, including the vehicular and pedestrian gates, were broken or non-operational at the time of the attack. This is akin to the too often problem in New York, involving broken door locks and defective security systems.

The Florida plaintiff also asserted that security guards patrolled the area only on a random basis, not 24 hours a day, seven days a week, as stated on posted signs at the complex. The plaintiff contended that given the area’s high crime rate, the defendants should have ensured that the gates were functioning, the patrols were continuous, and other security measures were adequate. In addition, the plaintiff asserted that the management company had instructed the security company to not provide any security services to the residents.

The defendants argued that the attack was unforeseeable. They also blamed the victim, saying that she saw the assailant in a common area behind the complex earlier that day but failed to notify police. Incredibly, in this writer’s opinion, the security company argued that it was hired to protect the property from vandalism, not to ensure residents’ safety. Finally, notwithstanding the underlying rape, the defendants disputed the extent of the victim’s psychological injuries.

The plaintiff achieved some measure of civil justice, after the security company settled before trial; and a jury then awarded significant damage award against the remaining defendants. We hope that this successful lawsuit will inspire the defendants to better protect their residents, and we fervently hope that the plaintiff’s physical and emotional wounds will heal.

To discuss negligent security, or any other Personal Injury matter, please contact Oliveri & Schwartz, P.C. – New York Personal Injury and Medical Malpractice Attorneys. (800) 427-9546