Can I bring a medical malpractice lawsuit if my medical device implant was recalled?
In August 2010, Johnson & Johnson recalled tens of thousands of their DePuy Orthopaedic ASR metal-on-metal hip implants. Now they are recalling another 7500 implants from their “Adept,” their line of metal-on-metal implants sold outside the United States. This included the U.K., Australia and Germany between 2004 and 2011. Data gathered in the U.K. and… Read More
That McDonald’s Lady Got A Million Dollars! Myths and Facts of “The McDonald’s Hot Coffee Case”
Here at Segar & Sciortino we frequently talk to our clients (and potential clients) about case value. We try to explain that valuing a personal injury case is as much an art as it is a science, and a lot of factors go into making that determination. These include The nature and extent of the… Read More
What is “Assumption of Risk?”
We live in a world full of risks. Despite these risks, we continue to live our lives: we drive cars even though they sometimes crash; we go skiing even though we may fall; we shave even though we may be cut. Every day we encounter risks, weigh our options and choose whether the risk is… Read More
Workers’ Compensation Liens in a Personal Injury Lawsuit
A lien is a legal right a person or entity has against the property of another. Liens can work in a variety of different ways. Some liens can be placed against property, like a house, which prevents you from selling it until the lien is “satisfied,” or “paid back.” Other kinds of liens work by… Read More
What is the “Workers’ Compensation Offset” and how will it affect my Social Security case?
If you collect Workers’ Compensation benefits and file for Social Security Disability (SSD) benefits, you may not be able to receive both types of benefits at their maximum amounts. Your Social Security benefit may be reduced. This is due to a law that says you can only receive up to 80% of your average current… Read More
Can you file for workers’ compensation and sue a third-party for a work-related injury?
At Segar & Sciortino, we look at your case from every angle to help maximize your benefits and get you the compensation you deserve. When someone comes to us with a workers’ compensation issue, one of the things we look for is a responsible “third-party” to bring a lawsuit against, or “sue.” for the things… Read More
Suing the Government
A government entity includes everything from the Governor’s office to the police department to the local library. If it gets paid for by tax dollars, chances are it is a government entity. This means that any lawsuit one might bring against such an entity would be a lawsuit against the government. When suing the government… Read More
Construction Accidents and the Scaffold Law
Construction sites are dangerous places. This is particularly true for construction workers who work on roofs, bridges, ladders, scaffolds or other elevated areas where there is a high risk of falling. Because injuries resulting from falls on construction sites can be so devastating, New York State carved out special provisions in the Labor Law that… Read More
Can you sue for a sports-related injury?
Everyone has a sports injury story—some worse than others. Whether you are a life-long athlete, a casual participant, or even a spectator, sports always involve some kind of risk. In New York, you can’t bring a lawsuit for a sports-related injury if, by participating, you assumed the risk of getting hurt. “Assumption of Risk” means… Read More
What Happens When You Sue Somebody?
The process of suing someone is called “litigation.” Litigation has several stages, or “phases,” as they are sometimes called. In this post, we will discuss each stage of litigation and how a lawsuit in the New York State Supreme Court unfolds over time. 1. Investigatory Stage When you approach a lawyer with a possible case,… Read More