NEW YORK — A Thursday morning elevator accident in the Kips Bay neighborhood of Manhattan killed Samuel Waisbren, 30, and sparked calls for better elevator safety and maintenance.
According to WABC-TV, firefighters responded to a Kips Bay apartment building at 3rd Ave and East 25th Street around 8:30 Thursday morning. Firefighters said Samuel Waisbren was exiting the apartment building’s elevator when it suddenly dropped, crushing the occupant.
Two other occupants had already left the elevator when it malfunctioned, trapping Samuel Waisbren between the elevator car and the wall inside the elevator shaft. Police say the incident was captured on surveillance video.
The Department of Buildings is also investigating the malfunction.
What Causes An Elevator Malfunction in Manhattan
Elevator malfunctions are not uncommon occurrences in Manhattan and across New York City. Incidents like the one that happened at the apartment building on 3rd Ave and East 25th Street impact dozens of families every year in NYC. A New York personal injury lawyer at Cellino & Barnes says there have been at least 500 incidents of elevator malfunctions over the past decade. About 10-percent of these accidents result in serious injuries or death.
The top causes of elevator malfunctions include:
Faulty Wiring/Electrical Malfunctions
Elevator Shaft Left Open To The Public
A Manhattan elevator accident lawyer says overcrowding an elevator is typically not a contributing factor in an accident, as safeguards should be in place which would prevent an elevator from moving at all when there’s too much weight in the car.
What To Do If You Or A Family Member Has Been Injured Or Killed In An Elevator Accident
After any elevator accident, it’s crucial to gather as much information as possible. This typically involves hiring a personal injury attorney who’s experienced in handling elevator accident cases. The best elevator accident lawyers will fully investigate the accident, and gather the evidence your family needs to help you get the most from a claim.
This evidence may include:
Expert testimony from the area’s best elevator mechanics
If you or a family member has been hurt or killed in an elevator accident, an experienced personal injury lawyer in Manhattan can help identify those responsible for the accident, and hold them accountable.
If you choose to contact an elevator accident lawyer at Cellino & Barnes, we’ll provide you with a complete case evaluation for FREE. Call us or contact an attorney now to get started.
NEW YORK — A California man died over the weekend after a tractor-trailer backing into a Brooklyn warehouse pinned him against a wall, police said.
Son Ngoc Nguyen, 63, was at Sun King Produce Corp. in East Williamsburg when the tractor-trailer pinned him against a loading dock wall on Friday, police said. Son Ngoc Nguyen, who resides in Westminster, Calif., was taken to Elmhurst Hospital where he later died, the Daily News reported.
The truck driver did not face immediate charges.
Holding People Accountable
Accidents at warehouses happen too often in New York City, and across the nation. According to the Occupational Health and Safety Administration, dozens of workers are killed after getting pinned by an object, such as a large truck, every year. Almost all of these accidents are considered preventable when employers provide their workers with proper oversight and safety training.
In New York, truck accident attorneys can help protect the rights of workers and innocent victims who’ve been harmed by someone else’s negligence. When a person is killed by a tractor-trailer or other large vehicle, their family has the right to file a wrongful death claim to compensate family members and beneficiaries for the death of a loved one.
However, these matters are often complicated and require several key pieces of evidence to obtain a successful settlement or verdict. This evidence could include:
Vehicle maintenance records
Truck driver’s record
Prior accidents at the facility
Review of safety requirements
If a loved one has recently been injured or killed because of someone else’s negligent actions, you can contact an experienced New York truck accident lawyer to help you file a claim.
If you decide to get in touch with Cellino & Barnes, we’ll put our best truck accident attorney in New York City on your case, and discover every piece of evidence that could help your case. Call us anytime or contact us here for a FREE consultation.
NEW YORK — Buses and trucks provide essential services, but many drivers view them as nuisances on the road; perhaps for good reasons! These vehicular behemoths move relatively slowly, require much more distance to stop, and pose a very real threat to drivers and passengers of smaller cars. A New York bus accident lawyer says it’s not just other drivers who get concerned when these massive vehicles are on the road – bus passengers face very real risks as well.
While we can’t completely avoid trucks and buses in our daily lives, we can do more to ensure we drive safely alongside them.
Driving Safely Alongside Buses and Trucks
Stay Out of Blind Spots
Large buses and trucks have large blind spots on all four sides. These blind spots are often called “no zones” because they are areas next to, behind, or in front of a commercial vehicle you should stay away from. Driving in these areas often instigates truck-on-car collisions because truck drivers simply can’t see what is in these zones.
Be sure to stay away from the truck’s right-hand side and the area immediately behind the truck. Smaller blind spots also exist on the left-hand side and directly in front of the cab. As a general rule, you are in a safe position when you can see the truck or bus driver.
Give Trucks and Buses More Distance
Commercial tractor-trailers and buses require significantly more room to come to a complete stop. In fact, according to cvsa.org, a semi-truck and trailer weighing 80,000 pounds traveling at 55 miles per hour in ideal road conditions would need 91% more stopping distance than a passenger vehicle would need. Ensuring you give truck and bus drivers more room is essential to driving safely alongside them, especially in poor weather conditions.
Hold in the Urge to Cut Them Off
Rushing past a large truck or bus trying to get into your lane will do nothing but increase your risk of a collision. This ties into the fact that they need a lot more time to stop. If they’re in the process of changing lanes, they can’t suddenly swerve back into their lane to let you pass. Wait until the truck is fully in your lane before passing the truck on the left.
Don’t Tailgate Buses and Trucks
Tailgating a bus or truck puts you in one of their more severe blind spots. The driver of the bus or truck will not be able to detect a vehicle immediately behind him. Accidents in which smaller vehicles slide or get pushed underneath the truck’s trailer occur when the truck must make a sudden stop. These accidents often result in fatalities or severe injuries.
Watch for Wide Turns
It’s likely you have seen the warning sign on the back of a truck trailer or bus that cautions “This Vehicle Makes Wide Right Turns.” What this means is that, due to their length, buses and trucks need extra turning room. If you’re next to a truck or bus, allow it enough space to make a wide turn and let the driver complete the turn before making your own. If you don’t, you could get sideswiped. Also, be sure to look out for the bus or truck trailer when you are to the left or right of a bus turning right or left as it may briefly brush your lane.
Pay Attention to School Buses
School buses make frequent stops on their way to pick up and drop off students. If you see a school bus in your lane, pay attention to what it’s about to do. The bus needs extra room to safely deposit its cargo (children). You should also be prepared to make a sudden stop. Getting around a stopped school bus is a serious traffic violation for which you can face a hefty fine.
Reducing distractions when you are driving, especially when encountering trucks and buses, can sharpen your focus on the road. Most accidents can be avoided by simply paying attention to the road conditions and anticipating the moves of other drivers.
Call a New York Bus Accident Lawyer
When you’ve followed all the rules of the road and still end up hurt after a collision, turn to established bus accident lawyers in New York for help. They’re on your side, and they’ll fight to make sure you’re getting fair compensation when the insurance industry is doing what it can to save themselves money.
Attorneys with Cellino & Barnes are part of Super Lawyers’ Million Dollar Advocates Forum, and have over 60 years of trust. Our No Fee Promise guarantees that you will not pay a dime until we win your case. Complete our contact form for a free consultation.
NEW YORK — When a doctor has informed you that you have mesothelioma, or that a loved one has mesothelioma, it can be a shock. What is mesothelioma? How is Mesothelioma Treated? How do you get the best doctors? There are a lot of questions, you may want to ask. The mesothelioma attorneys at Cellino & Barnes can help you get answers.
What Is Mesothelioma?
Mesothelioma is a specific type of cancer that is only caused by asbestos exposure. Although millions of dollars have been invested into researching the disease, doctors have not found a cure. Therefore, the treatment options are meant to make the patient’s remaining years as comfortable as possible while keeping the disease from spreading.
How Is Mesothelioma Treated?
There are several treatment options for patients with mesothelioma, and all of these options should be thoroughly discussed with a medical professional:
Surgery. When the cancer has already spread into other parts of the lungs, or other organs, surgery is a possible method of treatment. It’s important to note that surgery hasn’t been 100% effective at treating the disease. Instead, the main goal of surgically removing a tumor is to reduce the amount of pain a patient is in.
Chemotherapy. One of the most common treatment methods, chemotherapy may help reduce the size of the tumor using chemicals. Although it’s been successful in reducing the size of cancer cells and relieving pain associated with mesothelioma, chemotherapy also has a number of negative side-effects that should be discussed with a medical professional.
Radiation Therapy. This has become a key element of many cancer-treatment plans. However, radiation alone can’t manage mesothelioma. It’s commonly combined with chemotherapy, surgery or both.
Other treatment methods. There is no proven cure for mesothelioma, but that isn’t stopping doctors from trying to find one. There are many investigational therapies and medicines being tested right now. It’s important however, to discuss these potential options with your doctor.
Getting the Best Mesothelioma Attorneys & Doctors
Some of the best mesothelioma attorneys in the nation do not charge their clients with up-front fees and costs. Instead, they use what’s called a ‘contingency fee,’ which is a percentage of any settlement or verdict they win for your family in court. The mesothelioma attorneys at Cellino & Barnes have a “No Fee Promise” which guarantees clients that they won’t owe anything unless their mesothelioma lawyers win your case.
Additionally, an experienced mesothelioma attorney can make sure you get the best doctors to help manage the cancer. Whether you contracted mesothelioma as a Navy veteran, a factory worker or by using regular household products, Cellino & Barnes can help you get the best doctors on your side, and the best result possible from your claim.
NEW YORK – When an accident leaves you injured, it can trigger many negative events. A Brooklyn personal injury lawyer says you may not be able to work, pay your bills or afford the best medical treatments. In many cases, you may be entitled to receive compensation for these headaches. To get the best possible result from a personal injury claim, you have the right to hire an experienced personal injury attorney in Brooklyn.
Many people who become involved in accidents may not think about contacting an attorney or might hesitate to do so, but an attorney is a vital asset to have! A personal injury attorney in Brooklyn can ensure that you get the largest compensation owed to you after any type of accident.
There are five common reasons people choose to work with attorneys after becoming injured in a crash. Could an attorney be right for you?
Why People Hire Personal Injury Lawyers
Personal injury lawyers help accident victims take on the task of filing an insurance claim and pursuing a fair settlement or lawsuit, if necessary. Accident victims who are in pain can rely on an experienced lawyer to handle these complex tasks. Just as you rely on a tax professional to help file your taxes, you can rely on a personal injury lawyer to help you get the best possible result from your claim.
Lawyers are Expert Negotiators
An experienced injury accident lawyer will know exactly what to say when discussing your accident with the insurance companies involved. They’ll also step-in to negotiate for more compensation based on calculations they’ve made about the value of your injuries, property damage, and any pain and suffering you have endured. Without the lawyer’s expertise, you may miss out on a fair sum.
Lawyers Can Prove Liability for your Injuries
For a victim to receive compensation, it’s crucial to prove that the other driver was at fault for the accident. It’s often very difficult to do so without the help of an attorney. Without an attorney representing your interests, the accident case becomes a “he said, she said” scenario as the other party will try to shift the blame.
Your attorney will be able to hire accident reconstruction experts to recreate the moment you were injured. They’ll also be able to interview witnesses and the doctor who treated your injuries. Your lawyer will first start by gathering your medical records and the police report taken at the scene. It may be challenging to gather all this information yourself while you’re recovering.
Lawyers Can Calculate the Value of your Injuries
Personal injury lawyers in Brooklyn use their experience to accurately gauge the value of your case. You may be entitled to compensation for several losses, depending on the severity of the collision. Your attorney will seek the maximum compensation for:
One additional reason people trust personal injury lawyers with their accident claims is the fact that they prepare your case to go to court, if necessary. When the insurance companies simply won’t give in to reasonable demands, the next step is to litigate your accident in front of a jury.
At Cellino & Barnes, our Brooklyn personal injury lawyers are fully knowledgeable and prepared to go to court to fight for the compensation you deserve. We have over 60 years of experience fighting for the rights of injured victims throughout New York and will not take a fee until we win your case. Contact us at any time for a free consultation or complete our contact form.
NEW YORK — Slip-and-falls are among the most common accidents that result in physical injuries. In fact, they are the second-leading cause of traumatic brain injuries, which can be very severe and bring lifelong hardships to victims. Understandably, many people wish to know what their slip-and-fall case might be worth. Unfortunately, there’s no clear-cut answer to this as each case’s value depends on the facts of that particular case, according to Queens slip-and-fall attorneys. There are, however, common factors that are used to calculate damages in a slip-and-fall case.
How Do Insurers Calculate Slip-and-Fall Settlements?
If you have a valid slip-and-fall case, you may be entitled to receive some or all of the following damages:
Pain and suffering
Lost earning capacity
At the very least, if you have become injured in a slip-and-fall or trip-and-fall accident in Queens due to another’s negligence, you should expect to receive compensation to cover medical bills. The insurance adjuster or judge in your case may consider the sum of all medical bills you have recieved plus that of bills you anticipate as a starting point to calculate injury damages.
The sum used to calculate damages varies depending on where you live. They may use the amount the healthcare provider has billed or will bill you, or the amount the provider has agreed to accept as payment (which is often much lower than what is billed).
Pain and Suffering
Not everyone receives compensation for their pain and suffering. These are the least predictable damages; however, the sum of your medical bills is typically the starting point for calculating the value of pain and suffering damages.
The calculation for pain and suffering takes into consideration the severity and permanency of your injuries. Those who endure permanent injuries or impairments receive more compensation for their pain and suffering than those who make a full recovery.
If you had to miss work to recover from a slip-and-fall injury, you are likely entitled to recover the value of the wages you would have earned had you avoided the accident. You must verify what you earn and the time missed through your employer.
Lost Earning Capacity
If your injuries prevent you from performing your job duties and you can no longer earn the same living, you may be able to recover funds for lost earning capacity. A vocational rehabilitation specialist would have to testify to support your claim after evaluating your injuries, occupation, and future work prospects.
If you are successful in establishing that your capacity to earn a living has been reduced because of your injuries, the at-fault party may compensate you by paying for you to receive training or education in a different field or paying you a lump sum.
For the best chance of receiving the compensation you need and deserve, work with the team of Queens slip-and-fall attorneys at Cellino & Barnes. We strive for results. Call us or email us for a free case review.
PASSAIC COUNTY, N.J. – A Woodland Park construction worker died Tuesday morning after falling off a roof at a work site in Paterson, New Jersey. Authorities said Joseph Perillo, 56, of Woodland Park was working on the roof at 138 Michigan Avenue when he fell off the building.
Joseph Perillo was taken to St. Joseph’s University Medical Center where he was pronounced dead, first responders said. According to the U.S. Occupational Safety and Health Administration (OSHA), investigators were called to the Passaic County accident scene to determine what happened, and if there were any workplace violations.
According to New Jersey construction accident lawyers, OSHA requires employers to provide workers with fall protection systems, such as guardrails and safety nets, when working on a surface above 6-feet. Authorities said there’s no evidence of foul play, and it is unclear if any fall protection systems were in place at time of Joseph Perillo’s accident.
In general, falls are the top cause of construction accidents. Safety experts say they’re almost always preventable with the proper equipment and safeguards in place. That’s why it’s important to conduct a complete legal investigation of an accident; it can help workers and their families find out what went wrong, and why.
Remember, it’s the employer’s responsibility to provide workers with enough training and the right safety equipment before placing them at a dangerous construction site. Unfortunately, not all employers follow these mandates.
In many cases, families have called on a New Jersey construction accident lawyer to investigate an accident, and help get them compensation for any of the following:
Pain & Suffering
If you or a family member has recently been injured on a construction site, you can count on Cellino & Barnes to be on your side. If you decide to contact our team, we’ll put our best New Jersey construction accident lawyers on your case, and they’ll customize a legal claim for your specific needs. For a free consultation, call us at (800) 888-8888.
From car accidents to slips, trips and falls while trick-or-treating, there are a lot of things that can go wrong this Halloween. New York personal injury lawyers say the best way to avoid an accident is to be aware of the dangers:
Pumpkin/Carving Injuries – by far, the most common injury this time of year, the CPSC found that 41% of all fall time injuries stem from the giant orange vegetable. According to doctors, Halloween is the fourth busiest holiday for hand injuries.
PRO TIP: Use pumpkin-specific carving knives, and carve from the top-down.
Costume Injuries – they come in all shapes and sizes, and costumes can be a real pain if you’re not careful. A third of all Halloween-related injuries can be blamed on costumes and decorations.
PRO TIP: Make sure the costumes fit correctly. Over-sized costumes can easily become a tripping hazard.
Car Accidents – kids are twice as likely to be hit by a car on Halloween than on any other day of the year. Wearing dark-colored costumes that require masks make trick-or-treating extra dangerous.
PRO TIP: Carry glowsticks and flashlights when out at night. It would also be wise to wear reflective costumes to make drivers aware of you on the street.
Food Poisoning – the Halloween season is capped off by a night of trick-or-treating. But with so many foods recalled due to health concerns, it’s important to check labels and “best by” dates.
PRO TIP: Check all candy labels for allergens. If you or your child has an allergy to peanuts, for example, it’s best to avoid many types of candy.
Other Injuries – any number of things can go wrong on All Hallow’s Eve. “Haunted Houses” can be wrought with dangers (both real and fake), and in some cases, Halloween games have been known to get out of hand. However, the best practice is to be prepared.
PRO TIP: Always have a phone nearby in case of an emergency
What To Do After An Accident on Halloween
It might not be possible to 100% remove risks from Halloween. Whether you’re looking after children or just yourself, the best we can do is follow the best Halloween safety tips and try to enjoy yourself.
However, if an accident does happen, don’t panic. Get immediate medical attention, and contact Cellino & Barnes. Whether you were hurt in a car crash or a trick-or-treating slip and fall, we can put our best New York personal injury lawyers on your case, and help you get the best result possible.
Don’t let the insurance companies drag you down! Cellino & Barnes is on your side, and we’ve helped thousands of New York families recover over $2 billion after their accidents. Contact us for a FREE case evaluation:
NEW YORK — Car accidents sent nearly 7,000 people to the emergency room each day of 2012. Although not every collision leads to injuries that require medical attention, our best car accident lawyers in the Bronx say the only way to make sure that you’re free of any hazards is to receive an evaluation from a physician.
It’s essential to seek a physical after a car accident to help you secure fair compensation. In fact, insurance companies may legally deny your claim for failing to receive medical attention promptly. When is the ideal time to see a doctor after a car accident? Let’s take a look.
When Should I See the Doctor After a Car Crash in the Bronx?
One of the biggest mistakes people make after an accident is waiting too long to see the doctor. Failing to see the doctor can put your health in jeopardy as well as reduce your potential claim value. Consider this — insurance companies use computer programs to help them determine the value of car accident claims. Claims adjusters feed the program’s information from a claimant’s records. The program generates a final settlement amount based on the data available.
Our best car accident lawyers in the Bronx have determined that one of the first pieces of data insurance adjusters enter into the program is information regarding whether or not the claimant has seen a doctor within 72 hours of the accident. Those who have not sought medical care may not have a basis to recover compensation, as it may be assumed that they did not suffer any injuries.
How Can I Schedule an Urgent Doctor’s Appointment?
Insurance companies consider 72 hours a “reasonable” amount of time in which to see a physician following a car accident. If you have just experienced a car crash, you may find it difficult to get an appointment with your family physician that is just days away. If your regular doctor can’t see you, there are other options:
Call your family doctor but state you have been in a car accident to communicate the urgency of your situation.
Go to your local urgent care center.
See a chiropractor. Most insurance companies consider them physicians. You will only need one visit in which they will review your medical history, conduct a physical, and possibly X-rays.
Visit your local ER.
Delaying medical care after a car crash in the Bronx is never a good idea. You can fail to receive the compensation you need should troublesome symptoms arise further down the road, and you can fail to identify signs of a serious injury.
At Cellino & Barnes, our best car accident lawyers in the Bronx can help victims fight for the resources they need to get back on their feet. We offer free personal injury consultations for car accident victims. Call us or get in touch online.
SCHOHARIE, N.Y. – Investigators are calling it the nation’s deadliest accident in nearly a decade. The National Transportation Safety Board (NTSB) said a limousine carrying 18 people to an Upstate New York birthday party blew past a stop sign, crashing into a parked car and two pedestrians near Albany on Saturday.
In total, 20 people were killed, including:
Erin Vertucci McGowan
At the time this article was published, the NTSB had not released an official list of victims, but family members have confirmed that Erin McGowan, Shane McGowan, Amanda Halse, Patrick Cushing, Mary Dyson, Rob Dyson, Allison King, Abby Jackson, Adam Jackson, Amy Steenburg, Axel Steenburg, Rich Steenburg, Matthew Coons, Savannah Bursese, and Amanda Rivenburg were all friends or family members.
The group, including two newlyweds (Erin and Shane McGowan) had rented the limousine to celebrate Amy Steenburg’s 30th birthday. According to several media reports, the party of 17 were taking the 2001 Ford Excursion limousine to an upstate New York brewery in Cooperstown. Officials said the trip was tragically cut short when the limo missed a stop sign at a dangerous intersection in Schoharie, New York, about 40 miles west of Albany.
Robert Sumwalt, chairman of the National Transportation Safety Board, said investigators with the federal agency are working to determine what caused the crash, the worst in the U.S. since 2009.
“It’s important to figure out what happened and why it happened to prevent things like this from happening in the future,” Sumwalt said during a news conference Sunday.
Limousine Safety Called Into Question
The crash may be the deadliest accident in the U.S. this decade, but there has been a deadly limo accident every year since at least 2000. Those crashes are blamed for 68 deaths.
“This does need to be a wake-up call,” Sumwalt told CNN over the weekend. “Here we have 20 lives that have been lost tragically. We do need to learn from this.”
Stretch limos, which are chopped up vehicles then extended in length, are not subject to any regulatory agency. As a result, experts say safety is often overlooked.
Most states do not require seat belts to be worn in limousines, and many limos don’t even feature seat belts.
Sumwalt told reporters that none of the passengers in the limo were wearing seat belts, and it’s unclear at this point whether seat belts would’ve made a difference in this crash However, it is a factor investigators are looking at.
Investigating A New York Limo Accident
An extensive investigation should be able to determine what exactly caused this heartbreaking limo crash in Schoharie, New York. Investigators have already released some of the facts, but families still have many unanswered questions:
Was the driver paying attention?
How many hours did the driver work?
Was the vehicle safe to drive?
Was the stop sign clearly visible?
Was the limo traveling too fast for road conditions?
Was the driver well-trained?
Could there have been a malfunction?
These are just some of the questions a full investigation should be able to answer.
Prestige Limousine, the company which owned and operated the limo, had its fleet of vehicles inspected five times in the past five years. Over that time, four vehicles were removed from service, public records show.
It is not yet clear whether the 2001 Ford Excursion limousine had any mechanical issues that could’ve contributed to the limo accident in Schoharie. However, New York limousine accident lawyers say it’s important to gather all the facts, and as much evidence as possible.
The evidence gathered by federal investigators, local police departments and private investigations will be very important for the families of the victims when choosing to file any wrongful death claim. In many cases, limo accident victims and their families choose to file wrongful death claims to hold those responsible for the accident accountable, and get compensation for their injury or loss of a loved one. An experienced NY limo accident lawyer understands how to help the families answer their questions and recover compensation for the loss of financial support from a victim of a tragic limo accident.
A successful limo accident claim can also help make meaningful changes in our communities that can improve limousine safety in New York, and across the nation. Whether it’s adding seat belts, mandating their use, or improved training of limousine drivers, a claim can make a difference.
The goal is to make sure that accidents like the one that killed Erin McGowan, Shane McGowan, Amanda Halse, Patrick Cushing, Mary Dyson, Rob Dyson, Allison King, Abby Jackson, Adam Jackson, Amy Steenburg, Axel Steenburg, Rich Steenburg, Matthew Coons, Savannah Bursese, Amanda Rivenburg and several others can be avoided in the future.
If you decide to contact our team, our best limo accident attorneys will be immediately available to assist you and your family. For a free consultation, call us at (800) 888-8888.
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.