ROCHESTER, N.Y. – Every expectant mother hopes for a successful, healthy birth. Unfortunately, thousands of parents discover developmental delays within the first few months or years of their child’s life, leaving them with a many questions like, What Are The Causes of Developmental Delays? Our Rochester birth injury lawyers hear from these concerned parents every year.
The United States is not known for high-quality medical care for mothers and babies. In fact, of all the developed nations in the world, it has the highest rates of infant and maternal mortality.
Cases of medical negligence do impact these rates. Although we all hope for the best, there is always a risk that a child may be hurt at any stage of pregnancy and delivery. Just one mistake can affect a newborn for the rest of his or her life.
Developmental delays in infants and children occur when a child does not reach developmental milestones at the expected time. Babies struggling to walk, crawl, or talk may have a developmental delay. It is often possible to observe such delays when children have trouble acquiring and developing language skills, fine motor and gross motor skills, and social skills. Slowed cognitive development may also indicate a developmental delay.
What Are The Causes of Developmental Delays?
There are two main causes of developmental delays in children: genes and birth complications. Although we cannot avoid genetic birth injuries, medical professionals can prevent instances of pregnancy and birth complications by remaining vigilant and abiding by the standard of care.
Recent studies have found that preventable birth injuries are on the rise, and some researchers have noted that many doctors either lack the training or necessary skill sets which can help avoid childbirth complications.
Pregnancy and Birth Complications
There are many ways a child may be harmed during pregnancy and birth. The obstetrician or other medical professional responsible for managing the pregnancy has a legal obligation to follow the current medical standards of care to protect mothers and their children. Failing to follow these standards increases the risk of a person experiencing pregnancy complications and birth injuries.
Children may be more susceptible to birth injuries during labor and delivery. The following problems are common issues that arise which can lead to developmental delays, learning disabilities, hypoxic-ischemic encephalopathy, and more:
Delayed emergency c-section
Delivery room errors
Hyperstimulation from labor-inducing medications
Improper fetal monitoring
Umbilical cord prolapse or compression
Vaginal Birth After Cesarean (VBAC)
Rochester Birth Injury Lawyers on Your Side
Complications during pregnancy and childbirth are all too common in the United States. If you or someone you care about has had a child hurt by a doctor or other hospital staff member during pregnancy or delivery, you deserve justice for the harm you have suffered.
At Cellino & Barnes, our Rochester birth injury attorneys have helped families hold the responsible parties accountable for their negligence and receive compensation. We offer free case evaluations to all.
ROCHESTER, N.Y. – When there’s a car accident, doctors and safety experts stress the importance of immediate medical attention. It can be the difference between life and death, even when your injuries seem minor. Many victims of traffic crashes tell our Rochester car accident attorneys they were hurt in an accident, but didn’t go to the hospital.
What should you do now? Our Rochester car accident lawyer explains:
Hurt In An Accident But Didn’t Go To The Hospital – What To Do?
Keep in mind, your health and safety is ALWAYS top priority after a car crash. Not all accidents end with broken bones or severe whiplash, but it IS important to get checked-out by a doctor if you were hurt.
Even if you think your injuries are minor, there could be long-term health consequences that may not surface for days, weeks or even months after an accident. Getting this documented by a medical professional is also an important step that can help you get compensation for your injuries.
There are over 16,000 car accidents every day in the United States. Not everyone has to be immediately rushed to the nearest hospital, but if you have any aches or pains after an accident, schedule a visit with your doctor as soon as possible.
You may also want to get in touch with a local car accident lawyer. An experienced legal team can fully investigate your accident, file the necessary documentation, and present a case to the insurance company that can help you get the best result possible.
Our Rochester car accident lawyers have decades of combined experience helping injured victims get compensation after a crash. If you have any questions, call us for a FREE consultation.
NEW YORK – Being a pedestrian in any city is a risk many take for several reasons. Although pedestrian populations in and around New York City are among the greatest in the country, pedestrians are constantly at risk of being struck by a vehicle. Many people ask our New York car accident lawyers, What Should I Do if I Was Hit by a Car While Walking?
First, know that you’re not alone.
According to the CDC, over 130,000 pedestrians are injured each year in the United States. Pedestrian-car accidents tend to be much more severe than car-on-car accidents, as pedestrians aren’t protected by a large hunk of metal and strategically-placed airbags. If you were recently hit by a car, there are several steps you should take to protect your interests.
What Should I Do if I Was Hit by a Car While Walking?
Those who are hit by cars as pedestrians should take measures to receive prompt medical attention and ensure the accident details are recorded. These steps are similar to the steps you should take following a car accident in New York.
Call 9-1-1 immediately. If you become incapacitated, ask a bystander to summon an ambulance to the scene of the accident.
Call the police. The police will collect information about the accident to write an accident report. In your statement to police officers, give them the facts of the accident. Try to remember important details; do not tell them how you are feeling.
Get information from the driver. It’s important to record the driver’s name and insurance information. If the accident was a hit-and-run accident, report anything about the vehicle and/or the driver to police officers.
Write down everything about the accident as soon as you can, exactly as you remember it. Your memory of the accident can quickly fade; it’s crucial to remember the details as the information may be the key to receiving a just personal injury settlement. Also, ask bystanders to record what they saw.
Take lots of pictures. If you are able to, take pictures with your phone of the accident scene. Be sure to take photographs of your injuries and the make and model of the car that struck you, if possible.
Contact Cellino & Barnes. Even if you feel that you have sustained minor injuries, injuries you may not be aware of may make themselves known days or weeks after the accident. Before contacting your insurance company call our NY pedestrian accident lawyers to take the right steps to protect your case.
Even if you think you may have contributed to the accident, it’s important to speak with an attorney and never admit fault to anyone who questions you about the crash. If you have any questions, contact our New York personal injury lawyers for a free consultation. Our No Fee Promise guarantees that you will not owe a fee unless we win your case. We’ve heard all kinds of questions, even What Should I Do if I Was Hit by a Car While Walking? Let us help you get answers for your unique situation.
NEW YORK – There’s never a convenient time to get involved in a car crash, yet thousands of people suffer this reality every day. In a car accident, it’s not always clear who is at fault, and many injured crash victims are left wondering, What are You Entitled To After a Car Accident?
The good news is, New York is one of twelve states in which drivers do not need to prove who caused the accident to receive compensation for their injuries. Instead, the injured party’s own insurance company is responsible for paying damages.
So, if you’ve been hurt anywhere in New York State, what kind of compensation can you expect? Our Buffalo car accident attorneys explain:
Typical Damages Accident Victims Can Recover in Buffalo, NY
Insured drivers in New York are entitled to accident-related losses regardless of who was at fault for the collision. Some of these losses include:
Past, present, and future medical bills
Cost of travel to and from doctors appointments, physical therapy sessions, and hospital stays
Up to 80% of your lost wages, or about $2,000/month
Under the no-fault rules, victims cannot seek compensation for pain and suffering through their own insurance policies. Some states determine when compensation for victims can extend beyond the range of the typical insurance policy by setting a monetary threshold. In New York, there is a serious injury threshold. To receive a broader range of damages, the victim must have sustained a serious injury such as:
Permanent injury that limits the use of an organ or limb
Significant limitation of bodily functions or systems
Full disability for 90 days
Victims who meet this threshold may be awarded compensation by a court or accept a settlement.
Although anyone can file a personal injury claim with their insurance company, the process can become complicated fairly quickly. At a time when you need help keeping up with medical bills and other expenses, when you are recovering from possibly severe injuries keeping you away from your family and your career, it’s wise to work with an experienced Buffalo car accident lawyer who fully understands the process. Find out how an Buffalo car accident attorney can help you resolve your insurance claim while you focus on getting back on your feet.
At Cellino & Barnes, our top goal is to get you the compensation you deserve and are entitled to by law. Contact a Buffalo accident attorney to discuss your case for FREE. We will help place you on the path to justice.
BUFFALO, N.Y. – Accidents impact millions of lives every year. Some accidents may result in minor cuts and bruises while others are more serious, and could require years of expensive medical treatments. In either case, accident victims often ask the question, Do I Need A Personal Injury Lawyer?
The Buffalo personal injury lawyers at Cellino & Barnes hear this question all the time, and the answer is different for everyone.
Do I Need A Personal Injury Lawyer?
If you’re asking this question, you probably need a personal injury attorney. It’s crucial to at least consult with a personal injury lawyer before making a decision on whether to file a claim or not. Even in cases where the insurance company has assured reimbursement of some medical costs, you could be leaving thousands of dollars on the table if you don’t have an experienced legal team on your side.
Anyone can file a personal injury claim, but each claim has deadlines and procedures that must be followed. In addition, you need to have a thorough understanding of ever-changing laws and the legal system.
In accident cases, an experienced Buffalo personal injury attorney can help protect your legal rights, and handle all aspects of your case, including:
Confusing (but necessary) paperwork
The insurance company’s legal team
Changing laws and requirements
Negotiating a settlement
Hiring expert witnesses to help your claim
Not all law firms are the same. Many lawyers actually charge you just to have a conversation with them. At Cellino & Barnes, our consultations are always FREE. You can call our Buffalo personal injury lawyers anytime, day or night, for a FREE case evaluation. If you prefer, you can also contact us online.
NEW YORK – Workplace injuries are often complicated – but they don’t have to be! Many injured workers ask our New York construction accident lawyers, What Is The Time Limit For A Work Related Injury?
Legally speaking, each state has a law called a Statute of Limitations which tells an injured person how long they have to file a personal injury claim. Workplace injuries are no different.
What Is The Time Limit For A Work Related Injury?
Workers usually have two years after the date of the accident to file a personal injury claim. However, there are some exceptions:
If the insurance company has already provided some medical benefits.
If the employer has already paid for or provided medical benefits.
The accident happened in a different state.
Each state has its own unique statute of limitations which tell workers how long they have to file a personal injury claim for a work related injury:
2 years from the date of accident OR 2 years after the last compensation payment
30 days notice
1 year of the date of accident
2 years of the workplace accident OR 1 year after the last compensation payment
1 year from the date of accident
2 years from the date of accident
1 year from the date of accident OR 3 years after the first signs/symptoms of a workplace injury/illness
District of Columbia
1 year from the date of accident
2 years from the date of work zone accident OR 5 years after the last compensation payment
2 years from the date of accident OR 1 year after the last compensation payment
1 year of the accident
2 years after first symptoms of injury or illness AND within 5 years after the date of the accident
No time limit OR within 1 year after the last compensation payment, if paid for more than 4 years
2 years after the last worker’s compensation payment OR 3 years from the date of injury
2 years from the date of construction accident OR 2 years after last worker’s compensation payment
2 years from the date of accident OR within 3 years after last worker’s comp payment
200 days after the accident OR 200 days after last benefits payment
2 years after the initial injury OR last payment of benefits
1 year after the date of injury OR 1 year after symptoms develop… but no later than 2 years after a construction accident
2 years after employer’s deadline to file a First Report OR 2 years after the date of injury if no First Report was filed
2 years after a workplace accident OR within 18 months after a work-related fatality OR within 1 year after symptoms of illness
4 years after injury or illness symptoms manifest
2 years after a workplace accident
3 years after a First Report of Injury is filed with the Minnesota Dept. of Labor and Industry OR within 6 years of the injury
2 years after a work accident OR 1 year after filing of Form B-31 OR 1 year after a claim denial
2 years after a construction injury OR 1 year after the last disability payment
1 year after an accident OR within 2 years of first diagnosis/symptoms of illness
2 years after the accident OR 2 years after the last payment of compensation
90 days from the accident date. Note: You must file a Form C-4, and have the medical provider sign and date it within this time frame
2 years after the accident
2 years after a workplace or construction injury OR 2 years after the last worker’s comp payment
1 year after the insurance company has started to pay you OR 1 year after a claim is denied
2 years after the accident OR 2 years after the last payment of worker’s compensation
2 years after the date of an injury. Note: Form 18 must be filed with the state’s Industrial Commission within this time frame
1 year from the date of a workplace accident or construction injury
2 years after a construction accident or workplace injury OR 2 years after first injury symptoms OR 6 months after an illness is diagnosed
2 years after an accident OR 2 years after the last worker’s compensation payment
2 years from the date of the accident OR 180 days after a claim is denied
3 years after an injury OR 300 weeks after the last exposure for occupational disease claims
2 years after a construction accident or workplace injury
2 years after an accident or the date the injury was diagnosed/discovered
1 year after an accident
1 year after the date of an injury. Note: Form C40B must be filed
1 year after an injury is diagnosed
1 year after the accident
6 months after a construction accident or work zone injury. Note: if employer had knowledge of an injury, deadline can be extended
2 years after an accident
1 year after a work injury
6 months after a work or construction accident OR 3 years after a worker was exposed to an occupational disease
2 years after a worker has been injured OR 12 years if the employer knew or should have known about the injury
1 year after the accident date OR 1 year after a injury diagnosis
The New York construction accident lawyers at Cellino & Barnes say worker’s compensation is often complicated, no matter what state the accident happened in. If you’ve been injured on the job, talk to an experienced personal injury lawyer for FREE.
If you have any questions about your injury, the insurance company, worker’s compensation. or state laws, our team is here to help 24/7.
NEW YORK – More than 30 people were injured in a New York Bus Accident that forced authorities to shut down the Linocln Tunnel on Friday.
According to FDNY, the accident happened during the morning commute in the center tube of the tunnel. Two New Jersey Transit buses collided, injuring dozens of passengers.
At least seven people were rushed to area hospitals with serious, but non-life threatening injuries. Police shut down the inbound lanes of the tunnel to allow first responders to gain access to the accident scene. Investigators were also set to review surveillance video, according to Fox 5 News.
This week’s Lincoln Tunnel accident is just the latest of several recent high-profile accidents involving New Jersey Transit buses.
According to a New York bus accident lawyer, an extensive legal investigation should be conducted help these victims gain closure, and find out exactly what happened to cause their bus to crash into another vehicle.
An independent investigation could help Lincoln Tunnel bus accident victims get compensation for their injuries when they file a personal injury claim. Some key pieces of evidence a legal investigation could uncover include:
Bus maintenance records
Potential safety violations
Light and roadway malfunctions
Some of these may have played a role in Friday’s Lincoln Tunnel bus accident, and it will
be important for investigators to look at all possible causes, as that evidence could help victims get significant compensation for their injuries.
Typically, a personal injury settlement or verdict will help New York bus accident victims get compensated for any costs associated with the crash. Some of these costs could include:
Pain and suffering
Ambulance and First Responder costs
A says successful personal injury claims can also cause policy makers and public officials to make meaningful changes to improve bus safety, which can eventually help prevent similar accidents in the future.
NEW YORK – Every state has different rules for car accidents. In New York, lawmakers have tried to simplify the legal system with a set of rules often referred to as ‘No Fault Laws.’ Just because they’re called ‘No Fault’ doesn’t mean no one is at fault, though. So, What Is A No Fault Car Accident?
Here’s an explanation from a personal injury attorney, Long Island, NY:
What Is A No Fault Car Accident?
In most circumstances, a no fault car accident is any car crash that happens in the 12 states that have no-fault insurance laws, including New York. Under no-fault car insurance policies, drivers do not need to prove who was at-fault to get compensation for their injuries. Instead, their own insurance company will pay a policy holder’s medical bills, lost wages and other costs associated with an accident.
No-Fault States include:
A Long Island auto accident attorney says there are many exceptions to these rules. Motorcycle accidents, for example, may not be applicable. In addition, no fault insurance only cover the costs of a car accident injury. When it comes to physical damage to your vehicle, the claims process is still determined by who was at fault for the accident.
In a car crash, Long Island drivers and passengers don’t necessarily have to engage in a drawn-out legal battle to get medical bills paid. However, no fault insurance only covers up to a certain amount. Beyond that, you’ll still need to determine who was at-fault for a crash.
That’s why it’s important to get a FREE consultation with the experienced Long Island personal injury lawyers at Cellino & Barnes. Our legal team can go over your accident case for free, and help determine the proper steps to ensure you’re getting the best result possible.
If you have any questions, like ‘What Is A No Fault Car Accident?,’ we can help you get answers. Call our Long Island personal injury attorneys today to see how helpful we can be!
PARAMUS, N.J. – A New Jersey school bus accident sent more than 40 people to area hospitals after the bus collided with a dump truck on Interstate 80 Thursday.
According to WNYC, a packed school bus taking kids on a field trip crashed on Interstate 80 in Mount Olive, New Jersey, killing a student and teacher, Jennifer Williamson of East Brook Middle School.
Jennifer Williamson’s husband, Kevin Kennedy released a statement to NJ Advance Media on Friday:
“My beautiful bride and I have been in total love every day of our lives since the day our eyes met on May 5th, 1994,” Kennedy said. “I am in shock, devastated and totally crushed by today’s tragedy to both sides of the Williamson-Kennedy families, the community she taught and the thousands of students and their families she was very proud to serve.”
Jennifer WIlliamson was 51 years-old. Paramus Mayor Rich LaBarbiera told reporters that Jennifer Williamson spent her entire career in the town, which is a tight-knit community mourning the loss of a beloved teacher and one student after the Paramus school bus crash.
“I heard a scraping sound and we toppled over the highway,” fifth-grader Theo Ancevski told WNYC. “A lot of people were screaming and hanging from their seatbelts.”
Police said there were 45 people on board at the time of the New Jersey school bus accident, 38 of whom were students. Some remain at area hospitals in critical condition.
Officials didn’t immediately release details of how the crash happened, but an extensive legal investigation should be conducted, according to a New Jersey school bus accident lawyer.
The trucking company that owns the dump truck has been involved in a string of crashes in recent years, according to federal safety data, including a number of violations that kept its trucks out of service for some time.
Many families will likely be filing personal injury claims, in which the outcomes of these cases could help their loved ones gain closure and compensation for their injuries. An experienced New Jersey truck accident lawyer should be investigating this crash, and could uncover several key pieces of evidence. Some of the items an extensive legal investigation should be looking at include:
An analysis of the truck’s mechanical systems
Truck maintenance records
Potential safety violations
The company’s safety record
In addition to examining the truck, it’s also important to take a look at the school bus, as mechanical issues and human error are not uncommon when these vehicles are on the highway.
A successful settlement or verdict could help dozens of New Jersey school bus accident victims cover the costs associated with such a tragic accident, including:
Expenses from first responders
Pain and suffering
Many times, these claims can also sparking meaningful changes in public and private policies, improving safety for others across the state and country. These changes are often put in place so similar accidents, like the accident in New Jersey, can be prevented in the future.
ELMIRA, N.Y. – A parked dump truck without a driver rolled down a hill and struck Barbara Velasquez, 48, of Big Flats.
was walking her dog on Suburban Drive on Monday when they were both hit and killed by the unoccupied dump truck owned by Premier Landscaping of Elmira, the Chemung County Sheriff’s Office said.
The Chemung County Sheriff’s Office has called for an accident reconstruction team to help investigate the incident that killed Barbara Velasquez. The Chemung County District Attorney and the New York State Police are assisting the investigation.
According to a New York truck accident lawyer, the initial evidence public officials collect in their investigation will be crucial; but it’s also important to conduct a full legal investigation into the events leading-up to this accident.
An extensive legal investigation can help the family of Barbara Velasquez gain valuable information and gain closure. In addition, a wrongful death claim can help cover a variety of unplanned costs associated with such a tragic accident, including:
Expenses from first responders
Loss of companionship
Loss of financial support from the victim
Pain and suffering
Some pieces of evidence uncovered during a thorough investigation could drastically change the outcome of a case. There are many factors an experienced New York truck accident lawyer will search for during this process, including:
A complete analysis of the truck’s mechanical systems
Truck maintenance records
Potential safety violations
The company’s safety record
A successful claim can also help create meaningful changes in our communities, and improve safety for others throughout Big Flats, the Elmira area and the rest of the state, so similar accidents like the one that killed Barbara Velasquez can be prevented in the future.
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.