Wellborn Paluch, LLP Blog

Sunday, August 21, 2016

New York Court to Allow Faulty GM Ignition Switch Lawsuits to Proceed

The past several years have seen a dramatic influx of automobile recalls. The issues plaguing the auto industry include everything from falsified emissions data to fatally defective airbags – and virtually everything in between. As you have undoubtedly read, General Motors is facing mounting scrutiny over its allegedly defective ignition switches, which are implicated in the deaths of 124 motorists and serious injuries to hundreds more.

As a result of the rampant and

Read more . . .

Sunday, July 24, 2016

Pedestrian Accident Leaves Broken Hearts and Sidewalks in Buffalo

What happens when a pedestrian is injured in an accident?

There are many reasons why a pedestrian might be involved in an accident with a motor vehicle. Sometimes the accident is caused by the negligent or reckless behavior of the driver. Other times, the pedestrian may have contributed to or caused the accident by walking or standing in an area where they shouldn’t have been or by stepping into the path of an oncoming vehicle. Distracted driving and walking also cause accidents daily.

Whatever the cause, the loss is often tragic.

Read more . . .

Monday, July 4, 2016

Buffalo Family Initiates Lawsuit Against City Officials Following Tragic Death of Toddler

Initiating a lawsuit against the government – including a local municipality – requires extensive knowledge of the specific intricacies of this area of law. As the family of a Buffalo-area toddler knows all too well, government entities are often to blame for injuries to local residents, often due to oversights in safety and lapsed mandatory inspections.

In May of 2015, an area mother was walking with her two children alongside Delaware Park when all three were struck by an oncoming vehicle. Tragically, one of the children – a three-year old boy –

Read more . . .

Saturday, June 25, 2016

Recovering Compensation after an Auto Accident with Fatalities

Will I be compensated if the driver who caused my injuries died in the auto accident?

At best, a car accident is a frustrating inconvenience to all parties involved. But when people are injured --or the worst case scenario unfolds and fatalities result-- it’s a tragedy with substantial losses. The need for expert legal counsel is urgent.

Read more . . .

Tuesday, June 7, 2016

Family of Joan Rivers Reaches Medical Malpractice Settlement

What factors contribute to medical malpractice?

As most of us are aware, medical malpractice cases are not quickly resolved, even when the doctors involved accept responsibility for medical mistakes. In the case of the premature death of comedian Joan Rivers, 81, as a result of a routine medical procedure in August of 2014, the settlement did not take place until May of 2016 even though this case was uncontested

The Circumstances of the Case

Ms. Rivers, an iconic sharp-tongued comedic performer, went to Yorkville Endoscopy, an outpatient surgical center in uptown Manhattan, complaining of a sore throat and hoarseness. Such upscale surgical units have become increasingly popular for minor surgical procedures. Ms.

Read more . . .

Saturday, May 28, 2016

Slip and Fall: What constitutes it and the conditions under which a case may be initiated

Slip and falls are one of the most common and unavoidable occurrences in the winter, especially in Buffalo. They are also hazardous, with many resulting in scrapes, minor and major injuries, and very occasionally, death. However, the law has  a strict definition of a slip and fall and carefully sets out those conditions under which you may sue for damages.

There are four general categories of slip and fall accidents:

  • Stump-and-fall accidents: due to an impediment in the walking surface, such as a cracked sidewalk that wasn't there previously.
  • Step-and-fall accidents: due to an unexpected failure or hole in the walking surface, such as a missing manhole cover or torn carpeting.

Read more . . .

Wednesday, April 20, 2016

Pedestrian Deaths Increased 10 percent in 2015

What are the reasons for the surge in pedestrian deaths over the past year?

A preliminary study of traffic fatalities reports that pedestrian deaths surged an estimated 10 percent during 2015. Richard Retting, co-author of the report released by the Governors Highway Safety Association, states that "This is really sobering news. Pedestrian safety is clearly a growing problem across the country." The data recently released is based on statistics from the first half of 2015, using projective analysis techniques for the second half of the year. If it is found that the trend predicted continued for the entire year, 2015 will show the greatest increase since 1975 when the current federal recording system was put in place.
Read more . . .

Friday, April 1, 2016

Personal Injury Lawsuits Stemming From Incidents in Correctional Facilities on the Rise in New York

Can an inmate file a personal injury lawsuit stemming from an incident that occurred in a correctional facility?

Being incarcerated is scary. It can become even more frightening when you take into account the level of violence that exists in most correctional facilities. If you are an inmate or worker in a correctional facility and have suffered an injury as a result of an act of violence or an accident, you do have rights. You should know that you have the ability to file a personal injury lawsuit against the governmental body that operates the facility. Recently, the number of such cases has been on the rise in Read more . . .

Saturday, March 19, 2016

Staten Island Ferry Worker Sues NYC for Injuries While Onboard

Accidents and injuries can happen anywhere – especially overcrowded tourist destinations like the Staten Island Ferry. According to the details of a recent lawsuit filed against New York City, the Department of Transportation – which is responsible for the safety of the ferry – has consistently failed to keep it safe from onboard hazards, including wayward staff members and guests. The plaintiff, who is a Staten Island Ferry deckhand himself, is seeking $45 million in damages from the City due to alleged serious injuries sustained due to negligent and careless oversight of the vessel and its employees.

According to the details of the lawsuit, the plaintiff has had a series of issues while working on board the ferry – beginning in 2001 when his legs were severely injured following an assault by a ferry passenger. In 2010, the plaintiff also sought compensation after his hand was completely crushed by the weight of a defective automatic door. The most recent injury, the details of which have not been publicly or specifically revealed, caused the plaintiff to miss several weeks of work in order to pursue rehabilitation and medical treatment.

A lawsuit involving the Staten Island Ferry – or any other governmental entity – requires the experience and knowledge of an injury attorney familiar with the finer nuances of lawsuits involving the government. Generally speaking, government entities are immune from liability for matters involving negligence or personal injury. However, thanks to the New York Court of Claims Act, specific procedures are in place to allow plaintiffs the opportunity to obtain rightful compensation despite the general principle of immunity.

If you are considering a personal injury lawsuit that may involve negligence on the part of a state agency or individual state worker, be sure to contact an attorney right away. As well, cases against government entities are under a strict statute of limitations, so working with an attorney is vital to ensure compliance with filing deadlines.

To get started on your case, please contact a skilled NY personal injury attorney.

Friday, February 26, 2016

A Primer on Nursing Home Negligence

As individuals become elderly, for those who are no longer capable of caring for themselves, entering a nursing home may be the only option. This is a difficult issue that affects the entire family. Sadly, there are numerous accidents and failures that occur in nursing homes that lead to injuries. In some cases, intentional acts may cause harm to a resident. Depending upon the circumstances, an elder care facility may be held liable for an injury that arises from an act of negligence, abuse or neglect on its premises.

What types of behavior are grounds for a lawsuit?

The conduct of a nursing home employee or the policies or ongoing practices at such a facility that can lead to a lawsuit include:

  • Failure to keep the premises reasonably safe, free of hazards to prevent slip and fall accidents
  • Failure to prevent abuse or attacks by other residents 
  • Negligence in hiring  when an employee neglects, abuses, or intentionally harms a patient
  • Failure to properly train and supervise employees
  • Negligent supervision of residents who fall or injure themselves
  • Failure to maintain adequate health and safety policies
  • Failure to provide adequate medical treatment

What does standard of care mean?

In order to bring a personal injury or medical malpractice lawsuit, a patient must have suffered an injury because of a mistake that failed to meet the medical standard of care. This generally means the type of care that a reasonable skilled medical professional would provide under similar circumstances. If the care provided falls short of this standard, a case may be brought against the nursing home facility as well as the individual who was responsible for treating the patient or resident.

If a nursing home accepts Medicare, federal regulations require the facility to ensure that:

  • The resident environment is as free of accident hazards as possible
  • Each resident receives adequate supervision and assistance devices to prevent accidents

If the elder care facility fails to comply with these regulations and a resident is injured, the nursing home may be held liable.

 When a resident is injured at a care facility, determining what went wrong and who is responsible can be complicated. If you or a loved one has been injured at a nursing home, you should consult with a personal injury attorney who has expertise in elder care law.

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