Schwartz Zweben LLP
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SUCCESSFUL REPRESENTATION OF PERSONAL INJURY CLAIMS AND ACCIDENT CASES IN NEW YORK

As representatives of an New York personal injury law firm, the personal injury lawyers and accident attorneys of Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com have firsthand knowledge of the various state statutes unique to New York, as well as proven success in trying personal injury, accident, or wrongful death lawsuits in the state. They understand the key demographics that influence the occurrence, and ultimately the outcome, of personal injury lawsuits in New York and can help you get the professional legal advice and representation you need to negotiate a just verdict or favorable settlement here. Areas of expertise include:

Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com also offer an easy-to-use, efficient means of obtaining legal advice, personal injury information, and representation from qualified New York personal injury attorneys and accident lawyers. The personal injury lawyers of Schwartz Zweben and its affiliate offices serve the entire state of New York, representing plaintiffs in all types of personal injury and wrongful death actions from Manhattan to Buffalo, from Plattsburgh to Poughkeepsie. Among the practice areas in which our New York personal injury attorneys specialize are:

• Asbestos and Mesothelioma
• Industrial Accidents
• Brain Injury and Brain Damage
• Car Accidents
• Construction Accidents
• Medical Malpractice
• Nursing Home Abuse and Neglect
• Slip and Falls
• Unpaid Wages
• Workers Compensation

We can give you a free, confidential evaluation of your case at no obligation, as well as sound information about your legal options for pursuing personal injury damages. If you decide to proceed, we can provide access to the services of the very best personal injury attorney or accident lawyer in New York for your needs. You will receive skilled, assertive, effective representation from a New York personal injury lawyer who has direct experience with your type of personal injury or accident claim, a proven record of obtaining full and fair compensation for damages, and access to all the critical resources and experts needed to win your case.

Contact us today for a free review and evaluation of your case.

ASBESTOS AND MESOTHELIOMA CASES IN NEW YORK

The Agency for Toxic Substances and Disease Registry (ATSDR), reports that the state of New York bears three naturally occurring geological deposits of asbestos. One deposit lies in the northeastern portion of the state, in Jefferson County. The other two sites are located in the southeastern region of New York. The ATSDR also reports two "prospect" occurrences near the New York-Vermont state line, which are defined as locations where an asbestos deposit was evaluated for commercial use, but was not developed.

According to www.Asbestos.com, New York City is considered by some to be the birthplace of the American asbestos industry, dating back to 1858 when the H.W. Johns Manufacturing Company was founded to manufacture asbestos roofing, textiles, and insulation materials. The company later became the Johns Manville Corporation (JM), attaining the title of the world's largest producer of asbestos products for application in industries such as automotive, aerospace, insulation, and construction. In 1982, JM sought protection from creditors and filed for bankruptcy, citing asbestos lawsuits as the cause. At that time, JM was No. 181 on the Fortune 500 list and the wealthiest firm to ever file Chapter 11 bankruptcy.

Due to the company's industrial influence, the use of asbestos in New York was widespread. In fact, almost 400 public buildings, jobsites, and institutions in New York are known to have issues with asbestos exposure. These structures range from industrial jobsites--such as oil refineries, shipyards, chemical companies, and power plants like the Astoria Powerhouse in Queens and the Arthur Kill Powerhouse in Staten Island--to restaurants, schools, office facilities, and churches and synagogues. Cities and areas from across the state are on the list, including Albany, Binghamton, Bronx, Brooklyn, Buffalo, Elmira, Hudson Valley, Long Island, Manhattan, Queens, Rochester, Rockland, Staten Island, Syracuse, Utica, West Chester, and Yonkers. Countless old and historic buildings in New York (as well as the Mid-Atlantic and New England states) already have undergone asbestos abatement, but many more old buildings have yet to receive necessary asbestos removal.

According to the Environmental Working Group (EWG) Action Fund, as many as 4,000 individuals in the state of New York died from either asbestosis or mesothelioma between 1979 and 2001. This estimate only represents a fraction of the asbestos-related deaths in New York, as asbestos-induced lung cancer and asbestos-induced gastrointestinal cancer are not included in the statistics.

Currently, the most serious issue surrounding asbestos in New York is the estimated 2,000 tons of asbestos that infiltrated New York City on September 11, 2001, when the World Trade Center (WTC) towers fell. As a result, a dust cloud containing more than 2,500 types of contaminants swept across the city, reaching as far away as New Jersey. The contaminated plume adversely affected people living and working near the WTC, as well as those who assisted in cleanup. Thousands of those exposed to the dust have reported health issues, ranging from respiratory ailments to various forms of cancer, the most common being lung cancer.

According to Asbestos.com, many effects of toxic asbestos exposure are permanent and irreversible. One of the most serious health problems associated with asbestos exposure is a rare form of cancer called malignant mesothelioma. Almost all people who develop mesothelioma have worked on jobs where they inhaled asbestos particles. In fact, a history of occupational asbestos exposure is reported in between 70 percent and 80 percent of all cases. Malignant mesothelioma occurs when cells found in the protective lining that covers most of the body's internal organs become abnormal and divide uncontrollably. These cancerous cells may then metastasize (spread) to other parts of the body, damaging tissues and organs. Malignant mesothelioma can present itself in many forms. Common forms include: cancer of the abdominal lining; pleural mesothelioma, which affects the lung lining; and cancer of the heart lining. The form of malignant mesothelioma someone has is an important factor in evaluating both treatment options and symptoms of the disease.

Initial symptoms of mesothelioma and other asbestos-related conditions are usually non-specific and may not appear until 10 to 40 years after someone is exposed to asbestos. When symptoms finally do appear, they may include shortness of breath, chest pain, weight loss, abdominal pain and swelling, bowel obstruction, blood clotting abnormalities, fever, night sweats, and anemia. Because the symptoms are similar to many other less serious health problems, missed or delayed diagnosis is not uncommon.

Victims of an asbestos-related disease may wish to seek compensation from the companies that knowingly manufactured asbestos-contaminated products, as well as employers who put them at risk. In addition, anyone who was near the WTC on 9/11 or assisted in cleanup measures who suffers from health issues like those cited above, may be eligible to receive compensatory damages. Although the law seeks to place an injured person in the position he or she was in before an injury, this usually is not possible with asbestos and mesothelioma cases. Instead, economic compensation estimated to be equivalent to the victim's damages is awarded.

A plaintiff who can prove that he or she was exposed to asbestos may be able to recover for both the economic and non-economic consequences of that exposure, including past and future medical care, necessary rehabilitation, past and future lost wages, lost earning capacity, loss of enjoyment of life, emotional distress, and past and future pain and suffering. Plaintiffs injured by asbestos also may be able to recover "punitive" damages that punish the defendant's wrongful conduct. The amount of punitive damages awarded usually is based on the wealth of the defendant and the magnitude of wrongful conduct. Some states require that a portion of punitive damage awards be paid to the state.

Many people who have suffered injuries from toxic substances such as asbestos did not know of the health risks at the time of the exposure. As a result, some states have enacted laws allowing people to file lawsuits for a specified amount of time after the date when their asbestos-related illness was detected, rather than from the date of the exposure. The New York personal injury attorneys affiliated with Schwartz Zweben LLP can tell you whether you still have time to file a lawsuit within the limitation period applicable in New York.

At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the New York lawyers who specialize in personal injury from asbestos and in mesothelioma lawsuits are experts at the litigation, arbitration, and negotiation of asbestos and mesothelioma claims. Every New York asbestos and mesothelioma attorney on our team has extensive experience in dealing with the state's laws and issues unique to victims of 9/11. They understand how to navigate the system, locate the most credible experts, and help you obtain full, fair compensation should you or a loved one be the victim of asbestos exposure in New York. Contact us today for a no-obligation review of your case.

PEDESTRIAN INJURIES AND FATALITIES IN NEW YORK

According to the National Highway Traffic Association and the Insurance Institute for Highway Safety, about 5,000 people are killed and another 64,000 are injured every year when motor vehicles collide with pedestrians. Accounting for 11 percent of all motor vehicle fatalities, pedestrian deaths are the second largest category of motor vehicle accident fatalities. On average, a pedestrian sustains injuries in a traffic accident every eight minutes and a pedestrian is killed in a traffic accident every 111 minutes.

In 2007, New York State Department of Transportation (NYSDOT) released a report based on its study of the causes of motor vehicle accidents and fatal crashes on New York State roadways between 2002 and 2005. The study, called the Strategic Highway Safety Plan 2007, revealed that, on average, about 137,800 fatality and personal injury accidents occur each year on the 113,000 miles of highway in New York State. Pedestrians are involved in one-quarter (25%) of all fatal motor vehicle crashes in the state--more than two times the national average of 11 percent. While the total number of motor vehicle fatalities in New York dropped from 1,495 in 2004 to 1,410 in 2005, the number of pedestrians killed remained the same--382.

Pedestrian accidents occur most frequently in urban areas because pedestrian activity and traffic volumes are greater compared to rural areas. However, there is a higher ratio of deaths-to-injuries in rural pedestrian crashes because of increased speeds on rural roads. Nearly seven out of ten pedestrian crashes and one-half of New York State's pedestrian fatalities in 2005 occurred within the five boroughs of New York City. While fewer pedestrian crashes occurred on Long Island and in Upstate New York, the pedestrians involved in motor vehicle accidents in these regions were more likely to sustain fatal injuries.

The large number of children killed and injured in pedestrian crashes in New York also is of particular concern. Nearly one-quarter (24%) of the pedestrians killed or injured in New York in 2005 were children under the age of 18.

When a pedestrian sustains injuries as the result of a motor vehicle accident, the results are often catastrophic. Serious injuries commonly sustained include traumatic brain injury, spinal cord injury, paraplegia and quadriplegia, coma, and broken bones.

At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the New York auto accident lawyers who specialize in pedestrian-motor vehicle crash injuries and the litigation, arbitration, and negotiation of automobile insurance claims have extensive experience in dealing with New York State's laws. They understand how to navigate the system, locate the most credible experts, and help you obtain full, fair compensation should you or a loved one be the victim of a pedestrian accident involving a car, truck, motorcycle, or other motor vehicle in New York. Contact us today for a no-obligation review of your case.

 

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