Concetta Lomanto Lectures On Claims for Serious Injuries

Posted on: September 29th, 2014

On September 9, 2014, Concetta Lomanto presented a lecture to the Northeastern New York Chapter of the Association of Rehabilitation Nurses, at Sunnyview Rehabilitation Hospital in Schenectady, New York, and addressed the complexity of serious injury cases, and her experience in successfully representing accident victims who have been seriously injured as a result of the negligence of another. Concetta discussed the likelihood that a serious injury can result in a permanently disability, the need for rehabilitation, and long-term recovery. She also discussed the categories of serious injury, as well as how full compensation for lost wages, medical bills, and disability are evaluated.

Many of the nurses in attendance provide care to patients who have suffered a traumatic brain injury (TBI) and appreciated Concetta’s experience in the field of personal injury litigation, and her advice for successfully obtaining full compensation for victims of serious and catastrophic injuries.

At Maynard, O’Connor, Smith and Catalinotto, LLP, we have had decades of experience in evaluating cases and obtaining successful results for victims of serious and catastrophic injuries, including traumatic brain injuries. A consultation is free—call us today at (518) 465-3553 or contact us online to arrange for a free case evaluation.

Posted in Community, Speaking Engagements

What You Need To Know About Liability for Debris In the Roadway

Posted on: September 8th, 2014

Several years ago, I was involved in an unusual accident: As I was driving up the Northway, a spare tire suddenly rolled off of a flatbed truck in front of me, bounced down the highway, and struck me head-on (remarkably, actually leaving a visible tire tread on the hood of my car!) Luckily, I sustained only property damage, but what if I had been injured? Would the other driver have been liable, even though there was never any actual contact between our vehicles?

The answer, obviously, is yes. All drivers owe a duty to other motorists to use reasonable care in the operation of their vehicles. This includes not just a duty to operate your vehicle in a safe manner, but also to ensure that your vehicle is properly cleared of debris, and that objects on the outside of your vehicle are properly secured. This is frequently a problem when drivers are vacationing, moving, or transporting new furniture, and are not accustomed to safely securing objects to their roof. It is certainly not an uncommon site to see a vehicle with a mattress strapped to the roof with nothing more than a bungee cord, or a carpet simply extending from a trunk. Even snow and ice that hasn’t been cleaned off of a vehicle’s roof can present a serious hazard for motorists. If it starts to fly off of the vehicle while driving at high speeds on the Northway, there is a strong chance it will hit vehicles following behind.

Obviously, a loose tire, a mattress, a bicycle, or any debris in the roadway can pose a significant hazard to approaching motorists. A driver who had failed to safely secure an object to their vehicle, or who fails to promptly remove the object from the roadway, can be held liable for negligence. The fact that an object falls from a vehicle at all reflects that it was not properly secured, and is strong evidence of negligence.

At Maynard, O’Connor, Smith & Catalinotto, we have encountered all manner of accidents, and are familiar with the issues that will arise. If you or a loved one have been involved in a car accident, please contact the experienced personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 for assistance, and allow us to help you obtain the compensation and recovery you deserve.

Posted in Car Accidents

Constructive Notice: Tips for Victims of Slip/Trip and Fall Accidents

Posted on: September 1st, 2014

As mentioned in prior posts on this blog, the central issue in “Slip and Fall” or “Trip and Fall” accidents is often the question of notice. A property owner can be held liable only if they had actual or “constructive” notice of the dangerous condition. While constructive notice can be tricky to prove, there are some steps that you can take promptly after your accident to improve your chances at prevailing on this issue.

In many cases, constructive notice can be inferred, based upon the size and dimensions of the condition. For example, case law has held that where a patch of ice is very large or thick, the inference can be drawn that it existed for a long time. The same may hold true with large potholes, chipped and broken slabs of pavement, etc. Because the condition may obviously change between the time of your accident and the time your claim is placed, we recommend that you immediately take multiple photographs of the defective condition and the surrounding area. That can usually be promptly accomplished with your own cell phone camera. Because photographs alone often do not completely capture the extent of the condition, it could also be extremely helpful to take measurements of the condition, and photograph those measurements as well.

It is critical to report your slip and fall or trip and fall accident to the property owner right away. If your fall occurs in a store or public building, promptly ask to see a manager and request an accident report. This will help prevent the property owner from arguing later that your accident did not occur at that time and location. Be sure to keep a copy of that report for your own records.

Any other information that you can collect, such as names and addresses of witnesses and reports of weather conditions, can be helpful to your claim.

The personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto routinely handle these issues, and can assist you in obtaining the proper evidence you need to prevail on your claim. If you or a loved one have been injured in a slip and fall, or trip and fall, accident, please call us at 800-721-3553 for assistance.

Posted in Personal Injury, Slip and Fall

Attorney Concetta Lomanto Speaks at the End of the Year Retreat for the Bethlehem Central Lab School

Posted on: August 11th, 2014

1922428_688701981167503_5755971067273320334_n Concetta Lomanto was honored to be a speaker at the annual End of the Year Retreat for the Bethlehem Central Lab School held at Silver Bay in Lake George. The Retreat hosted The Lab School student body and community, addressing the art of jury selection. The students played the role of jurors in a personal injury case, during which questions were posed by Attorney Lomanto. “They were the most interactive, inquisitive jurors that I have ever encountered in my 28 years of practice,” noted Lomanto. The seminar at Silver Bay allows students to collaborate, acquire, and apply knowledge in a real-world setting that focused on experiential learning. “It was completely invigorating and fun to teach four classes about such an important part of our judicial system,” said Attorney Concetta Lomanto.

Posted in Community, Speaking Engagements

Steps To Take In A Public Transportation Accident Claim

Posted on: August 11th, 2014

If you or a loved one have been involved in an accident involving a public transit vehicle, such as a CDTA (Capital District Transportation Authority) bus, you need to be aware that unique time limitations may be in place that shorten the time to commence an action.

This is true whether your vehicle was struck by a bus, whether you were injured while you were a passenger on a bus, or whether you were injured when stepping off a bus. Unlike private individuals, quasi-public entities such as CDTA are controlled by separate statutes that provide for shorter “statutes of limitations”. Prior to filing a suit, you must file a Notice of Claim within a short time after the accident. If you fail to do so, you may be unable to formally commence a lawsuit later.

You should be aware that this short time frame begins to run from the date of the accident, not the date that you discover your injuries. Unfortunately, many injuries, such as herniated discs or post-concussion syndrome, may not manifest until many months after the accident, at a time when it may be too late to commence an action. Some courts have held that delayed injuries are not a reasonable excuse for a failure to timely file a Notice of Claim. As a result, if you have been involved in a public transportation accident with a bus or train, it is important to contact an attorney right away.

If you need legal advice and assistance, please contact the accident attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553.

You can also email us today for a free consultation and we can help you take prompt action to protect your interests and rights of compensation.

Posted in Personal Injury

Boating Accidents are More Common Than You Think

Posted on: July 28th, 2014

Now that summer is in full swing, many people are spending their free time on the water. Unfortunately, boating accidents are common.

The United States Coast Guard estimates that there are approximately 6,000 boating accidents every year. All too often, boating accidents are complicated by not just the initial impact, but the additional factors of alcohol and risk of drowning, which can increase the severity of the injuries involved. Injuries can result for accidents with all types of boats and watercraft, including motor boats, jet skis, and sailboats; and on any type of waterway.

While many people venture out on their boats thinking only of having fun, there are specific laws, rules and standards that must be adhered to when boating. These marine laws, rules and standards for New York State can be read by clicking here.

If you have been injured in a boating accident, contact the experienced attorneys at Maynard, O’Connor, Smith & Catalinotto to discuss your situation. You can reach us by dialing 800-721-3553 or you can also email us and we’ll contact you for a free consultation.

Posted in Personal Injury

Apple Patents Automatic Lockout System: Stops Drivers from Sending Messages while Driving

Posted on: July 21st, 2014

Apple has patented a new method to help reduce the growing texting and driving trend. The patent reveals the system using sensors and on board cameras that check when a person is in the driver’s seat and will prevent the driver from texting while they are in motion.

Earlier this year, Apple came out with the iOS in-the-car service called Car Play. The integrated system gives drivers a smarter and safer way to use an iPhone in the car.

It works by linking the car’s built-in display and software with iOS 7 and Siri on the iPhone 5, 5c and 5s. Once the iPhone is connected to the vehicle fitted with Car Play, Siri can be used to access the phone’s contacts, make calls, return missed calls and listen to voicemails. When the driver receives an incoming message, they can reply using voice commands. Car Play can guess destinations by scanning the phone’s calendar for appointments and when used with Apple maps, Siri will give instructions, warnings of any traffic accidents and keep the driver updated on the estimated time of arrival.

Car Play can also be used to control music, pod casts and audio books on the car’s display.

Car Play will be rolled out to Ford, General Motors, BMW, Honda, Hyundai, Jaguar, Kia, Mitsubishi, Nissan, Peugeot, Citroën, Subaru, Suzuki, Toyota, Ferrari, Mercedes and Volvo customers.

If you or a loved one have been involved in a car accident and suffered injuries due to the negligence of another driver, please contact the accident attorneys at Maynard, O’Connor, Smith & Catalinotto for assistance. Call us toll-free at (800) 721-3553 or fill out this form for a free consultation.

Reference: Apple tech takes on distracted driving, Apple Insider

Posted in Personal Injury

Incidents of Drownings Among Adults Are Increasing

Posted on: July 14th, 2014

It’s among common belief that drownings happen most often with children. That is not, however, necessarily so. While drowning has declined overall from 1999 to 2010, according to new data from the Centers for Disease Control and Prevention, children and young adults account for the decrease. Among adults ages 45-84, drownings have increased by nearly 10%.

More than 70% of those who drown each year in the United States are adults, and the percentage of drownings in lakes, rivers and oceans rises with age. Approximately 80% of drowning victims are boys or men.

Recent drownings reported in and near Albany, NY have echoed these statistics. In July 2014, a 49 year-old Clifton Park man drowned near a public launch in Saratoga, a 67 year-old Scotia man drowned while docking his boat on the Sacandaga and a 59-year old man from Westerlo in Albany County drowned while fishing on Lake George.

The reason for the high numbers of drownings among adults may be due to the fact that many adults fear the water and avoid learning how to swim. Unfortunately, they may even pass this reluctance onto their children. It is important for people of all ages to learn how to swim. It is especially important to teach your children how to swim at a young age. Swimming can be enjoyed by people of all ages and with the weather heating up this summer, public swimming pools and beaches become more crowded. Before you head to the public beaches or pools this summer, it is important to know basic swimming safety tips such as the following:

1. always swim in designated swimming areas in which lifeguards are present;
2. always swim with a buddy;
3. never leave a young child unattended near water;
4. if your child is an inexperienced swimmer, have him or her wear a US Coast Guard approved life jacket;
5. enroll your children in swimming lessons;
6. if you have a pool, secure it with an appropriate barrier/fence;
7. avoid distractions when supervising children; and
8. never dive in the water in a no diving zone.

If you or a loved one has been seriously injured in a swimming accident, contact Maynard O’Connor Law’s personal injury lawyers immediately at 800-721-3553 for a free case appraisal, or schedule a free consultation online.

References:

Unintentional Drowning: CDC Research & Activities
Drowning Was the Cause of Missing Fisherman’s Death, Channel 10 News, Albany, NY ( news story )
Man Drowns in Sacandaga While Trying to Dock Boat, Channel 10 News, Albany, NY ( news story )
Body Pulled From Saratoga Lake; Drowning Victim Identified, SaratogaWire.com, Saratoga, NY (news story )

Posted in Personal Injury

THE NEED FOR EXPERT PROOF – Part IV: Proving Financial Damages

Posted on: July 7th, 2014

Often times following a serious injury, you are unable to work. The inability to work results in financial damages that, if you prevail in your lawsuit, you are entitled to be paid for.

An expert economist looks at your individual financial situation, and determines the amount of money you are owed. For example, if you are unable to work for the remainder of your career, an expert economist calculates what you would have earned over your work-life expectancy, taking into consideration factors like inflation and present value.

Using actuary tables and industry data regarding your expected earnings, the expert projects figures of what you would have earned over your lifetime (had this accident not happened). Ultimately, that expert’s opinion will help us to formulate a settlement demand or tell a jury how much money you should receive as a result of the defendant’s negligence.

The attorneys at Maynard O’Connor often consult with expert economists to calculate and prove the true extent of your financial damages. If you are injured as a result of someone else’s negligence, make sure you get every dollar that you are owed. Call the personal injury attorneys at Maynard, O’Connor, toll free, at (800) 721-3553 to discuss your claim. You can also email us and we’ll contact you for a free consultation.

Missed Part I , II or III? Visit the following links:

Posted in Car Accidents, Personal Injury

The Need for Expert Proof – Part III: Proving Personal Injury

Posted on: June 30th, 2014

In most personal injury cases, expert proof is needed to prove the extent of your injuries. For example, if you are injured in a car accident, an expert will be needed to establish that you suffered a serious injury as defined by the New York State “No-Fault” Law.

Even if your injury wasn’t the result of a car accident, but rather, for example, a slip and fall injury, an expert is needed to prove the true extent of your injuries to make sure that you receive all the money that you are entitled to.

An expert helps prove your case by offering his or her expert opinion that the accident caused your medical condition. In addition, that expert may also be called on to offer an opinion regarding the extent and permanency of your injury and your resulting disability (including that you are unable to work).

The attorneys at Maynard O’Connor know when expert proof is needed in order to win your case. Please call Maynard, O’Connor’s personal injury attorneys at (800) 721-3553 to discuss your claim in a free consultation.

Missed Part I and II of The Need for Expert Proof? Read how experts are used in Slip and Fall Accidents and in Car Accidents.

Posted in Car Accidents, Personal Injury