Monday, 26 September 2016

Defining Negligence and Components - Paul Dansker

When one person has been unfairly injured by another person or organization, the victim can sometimes seek repayment through the civil courts. These legal actions are known as personal injury claims. In most of these claims, the plaintiff (the person seeking compensation) accuses the defendant (the person who is accused of the wrongdoing) of being negligent.

In ordinary English, the word negligent can be used in many different ways. However, in civil law, this term has a very specific meaning. Paul Dansker says that the four conditions must be met before a person can be found legally negligent. These conditions are outlined below:

1. Duty - The plaintiff must show that the defendant owed him or her duty of care. This duty will vary depending on the relationship between the two parties. For example, a doctor has the responsibility of caring for patients in accordance with modern professional standards. In broader terms, we all have the duty to avoid inflicting harm on others when we reasonably can.

2. Breach of duty - Next, the plaintiff must show that the defendant failed to meet the required level of care. This typically involves showing that the defendant could have reasonably predicted and prevented the victim's injuries, but deliberately decided not to do so.

3. Harm - In order to have a case, the victim needs evidence that he or she was injured in some way. This harm can be physical or financial. In some cases, it can even be psychological. However, cases in which the victim only suffered emotionally, with no other types of losses, are often unsuccessful.

4. Direct causation - Finally, the plaintiff needs evidence that his or her injuries were directly caused by the other party's actions. If other factors contributed to the injuries, the plaintiff may be less successful in seeking repayment.

Without evidence of all four of these components, a victim seeking compensation is highly unlikely to win his or her case. Additionally, a defendant may win the case by attacking the claim of negligence at any of these four points. This is why gathering precise evidence is a very important part of the legal process.

Turn to Paul Dansker & Aspromonte Associates if you or a loved one has suffered a personal injury in New York. Our attorneys are here to stand up for your rights. We have the skill and experience to help you obtain maximum compensation for your medical bills, wage loss, pain and suffering, and other hardships.

Monday, 19 September 2016

Hospitals Could Avoid Some Costly Mistakes with a Cheap Solution

Surgical errors happen more often than people might realize — and can be devastating for the patient. Preventable errors that take place in a New York operating room are often prime candidates for medical malpractice suits because of the devastation that they could cause.

Adding to some people’s outrage is the fact that many of these errors are preventable — and the way to prevent them costs a pittance. According to research, the most common item left behind inside a patient’s body after surgery is the sponge. These are relatively small pieces of material that can be hard to see after soaking up blood — so they may get left behind in surgery.

The simple way to prevent this, of course, is to keep an accurate count of how many sponges are being used and make sure that they all are accounted for before concluding the surgery. There isn’t even a need to manually count them, however: sponges can be outfitted with barcodes or tagged with radiofrequency tags — better known as RF tags — that send out a signal. A quick scan of a patient with a specially designed detecting wand alerts surgical staff to any sponges that are remaining inside the patient.

As it turns out, this technology would add about $10, at the most, to the cost of surgery. This is a drop in the bucket compared with the costs of additional treatment a patient needs if a sponge is left behind. However, only about 15 percent of hospitals currently use this type of technology. As a result, these mistakes continue to happen. A New York resident who has been the victim of a surgical error can consult with Paul Dansker led Dansker & Aspromonte Associates a medical malpractice attorney to see what options might exist for legal action.

At Dansker & Aspromonte headed by Paul D Dansker, our track record is excellent with respect to medical malpractice cases. In fact, our attorneys have never lost a medical malpractice case, despite the fact that four out of five malpractice cases are lost by plaintiffs in the New York City metropolitan area.

Our medical malpractice attorneys have experience handling a wide range of medical malpractice cases. We handle cases involving:

  • Doctor Negligence
  • Birth Injuries
  • Cerebral Palsy
  • Surgical Errors
  • Misdiagnosis
  • Hospital Negligence
  • Pharmacist Malpractice Prescription Errors
  • Nursing Home Negligence
  • Medical Malpractice Center

Contact us today online or by telephone at 800-510-9695 to speak with experienced NYC malpractice attorneys.
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Tuesday, 13 September 2016

Proving Your Injury Was Work-Related - Paul Dansker & Aspromonte

People who have been injured at the workplace in the normal course of their job are entitled to seek workers compensation to help with their medical bills and lost hours. However, since many people try to take unfair advantage of the system, judges and insurers are reluctant to grant workers compensation. If you have been injured at work, it may be difficult to prove that your injury was work-related.

Some workplaces carry a much greater risk of injury than others, often because of the nature of the work. Construction sites, for example, have more potential for injury than offices simply because of the tools and materials workers use. But injuries, even seriously disabling ones, can happen in any line of work. The difficulty lies in proving that you were not hurt by your own doing.

In order to receive workers compensation, the injuries must not have occurred because the injured employee acted irresponsibly or recklessly. You probably won't receive compensation after hurting yourself while attempting to get a laugh at a construction site. On the other hand, if you followed safety procedures and work guidelines closely, your odds of receiving workers compensation are very good. In reality, most cases fall between these two extremes.

If you have been injured at work, even though you followed safety procedures correctly, you are entitled to seek financial help for your injury-related expenses. But you may face serious difficulty successfully proving your case. You can greatly improve your odds with the help of an experienced Illinois employment lawyer.

At Paul Dansker & Aspromonte, we thoroughly evaluate and aggressively pursue claims against negligent product manufacturers, subcontractors and others whose negligence causes serious work injuries. If you have been injured or tragically lost a family member, we urge you to contact our legal team for a free consultation today.

Our dedicated trial attorneys cannot be intimidated by the complexity of a case or any opponent in litigation. We have an established track record of success in cases involving:
Falls from scaffolding and a range of other construction accidents
Toxic exposure, explosions and fires on work sites
Injuries to firefighters, police officers and other public servants

We have ready access to experts in accident reconstruction, industrial safety and other areas of knowledge that may prove critical to your case. You can depend on our legal team lead by Paul Dansker to take your situation seriously and consider all angles that may yield the compensation you need and deserve, including a lawsuit against the maker or provider of any dangerous workplace product.

We are serving Manhattan, Brooklyn, Bronx, Queens, Staten Island and the Entire NYC Metro Area

If you have reason to believe dangerous equipment or tools, a maintenance failure or other unsafe workplace issues may have caused your serious work accident, Paul Dansker & Aspromonte is here to help. Contact us online or by telephone at 800-510-9695 to speak with an experienced New York City personal injury lawyer who will prioritize evaluation of your case.


Thursday, 8 September 2016

Compensation for Pedestrian Accident Injury - Paul Dansker & Aspromonte

Every year there are nearly 1000 deaths and 10,000 people seriously injured from pedestrian accidents. If you have suffered injury as a pedestrian you should consider making a no win no fee personal injury claim. Most pedestrian accidents involve being knocked over by a moving vehicle when walking along the pavement or crossing the road. In this situation it is entirely likely that you will be able to claim compensation.

Pedestrian Accident Compensation claims could be less straightforward if you were crossing the road at the wrong place. For example not at a pelican crossing if there was one nearby. If an accident happened in this instance, it could be the driver's fault, or your fault, or a bit of both. If available you should get expert advice, there is so much misinformation out there that talking to the wrong people would lead you to get false information. They will be able to advise you on whether you can claim compensation and how much compensation you can hope to get.

You should only work with a personal injury attorney to help you with your pedestrian accident if he/she works on 100% compensation basis. No deductions should be taken from your compensation as solicitors pay the legal fees from the responsible party.

In this situation the pedestrian is rarely to blame for the accident and can therefore claim personal injury compensation from the vehicle driver.
Pedestrian accidents sometimes do not involve any vehicles they can be caused by poor maintenance of roads and pavements including potholes construction and debris.

Due to injuries you have suffered from your pedestrian accident you may be entitled to compensation claim provided that the accident was not your fault. Paul Dansker led personal injury law firm Paul Dansker & Aspromonte is dedicated to helping people like you claim the compensation you deserve. If you choose to claim with us you will find that your compensation claim is quick and easy you will not have to take any risk and you will receive 100% of your compensation. To find more information on claiming compensation for your pedestrian accident or to find out if you can claim you should visit Paul Dansker & Aspromonte.

The highly experienced personal injury lawyers at Dansker & Aspromonte have recovered hundreds of millions of dollars for their clients, including many millions for injured pedestrians in the New York City Metro area.

Call us (212) 732-2929 or contact us online to get a free consultation with one of our NYC pedestrian accident attorneys.
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Friday, 2 September 2016

Premises Liability and Negligence: Steps by Paul Dansker to Recover Your Losses

If you have been injured away from your home due to negligence on the part of another property owner, you need to consider the costs that might fall on your shoulders as a result of that accident. If the expenses relating to healthcare and lost time from work - and possibly from pain and mental anguish - add up, you may need to contact a personal injury attorney to help you recover those expenses from the party that bears responsibility. A personal injury attorney who focuses his area of practice on these types of accidents is also called a premises liability attorney.

Paul Dansker led Dansker and Aspromonte Associates is just the perfect if you are in quest. Our New York premises liability law firm works to secure compensation that covers all of our clients’ losses, including medical bills, wage loss, and pain and suffering. With a success rate at trial greater than 95 percent, we are prepared to help you obtain maximum compensation for your losses.

Well, such accidents can happen in the blink of an eye, and yet remain with you for a long time, perhaps for the rest of your life. A poorly lit stairwell, broken sidewalks or a violent criminal attack in or near a building that has poor security can each inflict serious harm on a person and sometimes death. Individuals or their survivors are more likely to succeed in litigation by following these steps by Paul D Dansker in the aftermath of such events:

Get contact information from witnesses - If there are any witnesses, collect those names whenever possible.

Go to a doctor or hospital ER immediately - You will need to prove that injuries were a result of the incident. By going directly to a board-certified healthcare professional, the argument your personal injury lawyer makes regarding the cause-and-effect of the incident and your injuries is much more convincing.

Retain clothes, shoes and other evidence - If, for example, you suffered a paralysis injury due to a fall on public property, your premises liability attorney has a stronger case if evidence of the accident are in rips and stains on your clothes. An experienced and qualified attorney can construct a stronger case when those clothes are not washed or discarded after the accident.

Try to remember the exact location of the injury - While you’re personal injury attorney will probably be able to determine this, there may be a dispute over where the injuries took place. The sidewalks in front of most buildings are the responsibility of the municipality, while walkways leading to a front door are considered to be on private property. Public and private property owners bear the same responsibilities.

When a personal injury occurs on property other than one's own and it is due to negligence, you have two years from the accident or crime (or one year after discovery of an injury) to file a lawsuit. It is suggested to always work with premises liability attorney who is an experienced trial attorney - a defendant should know a plaintiff is willing to take the case to trial if an agreeable settlement is not reached in advance.

If you or someone close to you has been injured due to the negligence of a property owner, our premises liability lawyers are here to help. Contact us today online or by telephone at 800-510-9695 to speak with an experienced New York City premise liability lawyer.
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