Lipsitz, Ponterio & Comerford LLC

Asbestos-related lung cancer is caused by inhaling asbestos fibers. It has been known since the mid-1930’s that asbestos exposure can cause lung cancer. The two forms of asbestos-related lung cancer are small cell and non-small cell lung cancer.

Cigarettes or other tobacco products may also play a role in causing lung cancer. If you were exposed to asbestos and smoked cigarettes, your chances of contracting lung cancer are greatly increased. Smoking interferes with the lungs ability to remove asbestos fibers.

Lung cancer caused by asbestos exposure is a latent disease, meaning the timeframe from your exposure to asbestos to the development of your lung cancer can range from 15 to 50 years.  For example, you may have been exposed to asbestos in the 1960’s and developed lung cancer caused by asbestos today.

If detected early, the lung cancer tumor can be successfully removed during surgery by either a lobectomy or wedge resection in which the surgeon removes a portion of your lung that contains the cancerous tumor.

Chemotherapy or radiation have also been helpful in shrinking lung cancer tumors, although these cancer treatments have side effects.

Most recently, immunotherapy, with the drug Keytruda, has been shown to shrink lung cancer tumors, without harsh side effects.

If you or a loved one was exposed to asbestos and diagnosed with lung cancer, please call the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC.

How Asbestos Causes Lung Cancer

Asbestos-related lung cancer generally takes between 15 to 50 years to develop after exposure to asbestos. Asbestos-related lung cancer is a latent disease, and most cases are caused by occupational exposure to asbestos.

At-risk occupations include plant workers, construction workers, pipefitters, electricians, veterans, shipbuilders and many other types of workers.

When a person breathes in asbestos fibers, these tiny fibers become stuck in the person’s lungs. Over time, these microscopic fibers can become cancerous. Sometimes, prior to the onset of lung cancer, these asbestos fibers irritate and scar the lung tissue. This condition, known as asbestosis, makes the lungs stiff and causes difficulty breathing.

The Modern Threat of Asbestos Exposure

These days, we know better. By 2003, lung cancer and mesothelioma had become household terms and the world became well aware of the dangers of asbestos. Asbestos is well recognized as a health hazard; as a result, heavy regulations were established to protect public health by OSHA and EPA.  In 1972 the OSHA regulations were put in place in the Federal register, in the law, and asbestos was the very first substance regulated by OSHA.

Unfortunately, these regulations didn’t go so far as to ban the substance entirely. To this day, there is no asbestos ban in the United States.

Asbestos is the leading cause of work-related deaths worldwide. More than 90,000 people die from asbestos exposure each year. It is expected that the mortality rate is going to continue to increase in industrial areas.

• Asbestos-Related Lung Cancer Risk Factors & Smoking history
• Amount of time working with asbestos
• Amount of asbestos worked with
• Genetics

The Industries with High Asbestos Exposure Rates

No amount of asbestos exposure is considered safe. However, we are all exposed to low levels of asbestos in the air we breathe every day.  Ambient or background air usually contains between 10 and 200 asbestos fibres in every 1000 litres (or cubic metre) of air (equivalent to 0.01 to 0.20 fibres per litre of air). Luckily, the levels of asbestos in the air are low and generally do not cause sickness.

In the late 1800s and throughout the 1900s, the material was used to create bricks, pipes, cement, and insulation. Its fireproof quality also made it the go-to material for safety coatings. As a society, we were so confident in the reliability of asbestos that even women and children participated in its mining and production.

The majority of people who contract asbestos-related diseases, such as lung cancer, worked jobs that caused them to breathe in large amounts of asbestos. Some of these occupations include the following:

• Factory Workers
• Electricians
• Union workers
• Firefighters
• Shipyard workers
• Construction workers
• Building inspectors
• Miners
• Demolition crews
• Navy veterans

Asbestos was used so widely for so long that the list of at-risk industries could go on for pages. In fact, even farmers and engineers have a moderate risk of exposure.

At Lipsitz, Ponterio & Comerford, LLC  we have worked with asbestos-affected clients from all walks of life.

How Regulations Protect U.S. Workers

OSHA has many regulations in place to prevent asbestos exposure in the workplace. The EPA also has regulatory authority and uses it to protect state and local employees who are not under an OSHA-approved safety plan.

Overall, the list of asbestos-related regulations is quite extensive. Below, are a few activities that should never take place in an area where asbestos exposure is possible:

• Eating
• Drinking
• Smoking
• Dry sweeping
• Shoveling

Additionally, an employer must ensure that workers who are likely to be exposed to asbestos wear a protective layer. This outerwear must be removed and either cleaned or thrown away each day. When a worker handles asbestos-containing materials, an approved respirator must also be worn.

Failure to enforce any of these guidelines can make an employer liable for a worker’s injuries and illnesses.

How Asbestos Exposure Can Occur at Home

Encountering asbestos in your home is less likely than encountering it on a job site. Still, it is possible to become sick from asbestos in a domestic setting.

If your home was built before the 1980s, be aware. Any work that disturbs affected materials may cause the asbestos to become airborne.

Asbestos materials were used heavily in construction until the 1980s. So if your home is on the older side, everything from your asphalt shingles to your cement foundation could be affected.

Even in newer homes, there are over a dozen home-building applications in which asbestos is still legal in the U.S.

Lipsitz, Ponterio & Comerford, LLC has seen countless home-exposure cases throughout the years. Typically, exposure happens when a homeowner performs any of these tasks:

• Renovating an attic
• Removing popcorn ceilings
• Drilling into old drywall
• Cleaning the brakes of a classic car in the garage
• Scraping out old vinyl tiles
• Laundering work clothes of family members who were exposed to asbestos at their jobs

If you are planning to work on an older home, you may be best off hiring a professional contractor. At the very least, we recommend you wear protective clothing throughout the remodel.

Common Effects of Asbestos Exposure

Unfortunately, asbestos illnesses don’t present symptoms immediately. In fact, it can take 15 to 60 years for symptoms to appear.

Asbestos is a known human carcinogen. That means it is proven to cause cancer. The most common form of asbestos-related cancer is mesothelioma. This is a rare illness that affects the lining of an infected person’s abdomen and chest.

According to the International Agency for Research, asbestos is also known to cause or increase the risk for these types of cancer:

• Lung
• Ovary
• Larynx
• Colorectal
• Pharynx
• Stomach

Cancer is the most common asbestos-related illness, but there are other threats to be aware of, such as asbestosis, which can lead to permanent lung damage and cause breathing problems.  .

Here is a list of the other asbestos-related injuries and illnesses to be aware of:

• Nonmalignant lung disorders
• Pleural thickening
• Benign pleural effusions

Any of these conditions, cancerous or not, can lead to expensive medical bills and a decreased life expectancy. If you find yourself in this kind of situation, it may be time to consider your legal options.

Your Legal and Financial Options With Asbestos-Related Lung Cancer

Because mesothelioma has a long latency period, some people who were exposed to asbestos in the ‘80s and ‘90s are only now receiving a diagnosis.

If you have recently been diagnosed with lung cancer, mesothelioma, or any other asbestos-related disease, you may be looking for support.

The experienced legal team at Lipsitz, Ponterio & Comerford, LLC is here to guide you through your legal and financial options.

We have worked with many victims of asbestos and know just how devastating these diseases can be. Most times, workers who were exposed to asbestos received no warning about its dangers.

Taking Advantage of Asbestos Trust Funds

More than $30 billion have been allocated to asbestos trust funds. Many manufacturers of asbestos products have declared bankruptcy. In these cases, they were ordered to set money aside for compensating past, current, and future victims as a condition of the agreement.

This money sits in a trust fund until it is needed by individual victims, like you. If you have questions about asbestos trust funds, give us a call. Lipsitz, Ponterio & Comerford, LLC can help you get the compensation you deserve.

Connecting with Veteran Affairs to Receive Benefits

Some service members are exposed to asbestos while in the line of duty. If you fall into this group, you may qualify for benefits provided by the U.S. Department of Veterans Affairs.

The VA may offer you access to world-class healthcare, as well as financial support. It can also be a great resource for the family members of veterans.

Filing a Lawsuit

You may decide to pursue a lawsuit or settlement. This is a common choice for people who want to receive compensation for their injuries and illnesses.

The first step is to determine who is at fault for your condition. Some asbestos manufacturers made a conscious choice to continue endangering the public, despite knowing full-well the dangers of the material.

New York State imposes strict limitations to file a claim. The statute of limitations for a personal injury action based on asbestos exposure and disease requires that an action be commenced within three years of the date of diagnosis. In the case of death, an action for wrongful death, must be filed within two years of the date of death or the claim is barred. However, the statute of limitations often depends on the particular facts of your case. Time is of the essence, which is why it is important to contact an attorney as soon as possible.

Trust the legal team at Lipsitz, Ponterio & Comerford, LLC to help you hold these types of organizations responsible.

How The Asbestos-Related Lung Cancer Attorneys at Lipsitz, Ponterio & Comerford Can Help

If you have been diagnosed with lung cancer, you should contact an attorney as soon as possible to learn what your legal rights are for compensation from the companies that negligently exposed you to asbestos.

The attorneys at Lipsitz, Ponterio & Comerford, LLC have been representing workers and their families with lung cancer for over thirty-five years, and have led the way in shaping asbestos law in New York State.  We have a full team of lawyers devoted to representing people exposed to asbestos with lung cancer, and have recovered over a billion dollars on behalf of our clients who have been diagnosed with mesothelioma.

If you have been diagnosed with lung cancer, please contact us today and we will schedule an appointment to come to your home and meet with you and your family to explain your legal rights.

Learn more here: https://lipsitzponterio.com/asbestos-mesothelioma/asbestos-mesothelioma-and-lung-cancer-cases/lung-cancer/

Bicycle Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

Riding a bicycle is an affordable, environmentally friendly, and healthy mode of transportation. Many people ride bicycles for fun, to stay in shape, to save money or as part of their job. However, bicycle accidents can result in devastating injuries.

Regardless of why you ride, cycling comes with a special level of risk. According to the most recent NY State DOT data, there were over 6,000 bicycle crashes with an automobile across the state of New York in 2011.

Bicycle accidents can also be a single-rider event or involve a pedestrian.

Bicycle accidents happen for many reasons. These reasons include distracted driving, glare or obstruction, sleepiness, or intoxication. Bicycle accidents can cause severe injuries or even death.

When someone else is at fault for your injuries, you can seek compensation for the resulting damages. However, you must act quickly. New York has a “statute of limitations” which lays out the maximum amount of time a victim has to bring a lawsuit in court. For bicycle accidents, you generally have three years from the date of the accident to initiate a lawsuit. The time period to file a lawsuit may be even shorter depending on your particular claim. It is important that you speak with a lawyer as soon as possible.

When death from a bicycle accident happens and the cause is someone else’s negligence or willful wrongdoing, the cyclist’s family has the right to sue for damages in their loved one’s stead.

At Lipsitz, Ponterio, & Comerford, LLC, our attorneys have extensive experience in personal injury litigation. If you’ve been in a bicycle accident in Rochester, Syracuse, or Buffalo, NY, don’t face the consequences on your own.

Our knowledgeable and experienced attorneys can help you get the settlement you deserve.

Bicycle Accident Causes

There are a number of reasons why bicycle accidents happen. Here are some of the most common reasons for bicycle-based injuries:

Rider Errors

The most frequently cited cause of bicycle accidents is rider error. The cyclist or pedestrian may have been confused or made a mistake that resulted in the accident. They may have been distracted, turning improperly, or passed someone too closely.

These types of accidents usually involve a sole rider or a rider and pedestrian. In these cases, injuries are usually minor.

Accidents Involving Cars

The causes of bicycle accidents with motor vehicles can include:

• Driver inattention
• Driver inexperience
• Failure to yield right of way
• Drug or alcohol use
• Road rage
• Improper following distance
• Unsafe backing
• Mechanical issues
• Glare
• Slippery pavement
• Debris or obstruction in the road

When bicycle accidents happen because a person driving a car was driving too fast or acting out of anger, their behavior might qualify as reckless or malicious. This can be grounds for a lawsuit for negligence.

When acts such as these ones above result in death, the victim’s family can sue for wrongful death benefits in addition to other personal injury damages.

Product Defects

Another common cause of bicycle accidents is products that are defective. If a manufacturing error with a tire or frame causes the bicycle to be unsafe for the rider and a company neglects to recall products that are known to be dangerous, they can be held liable for any resulting injuries.

Defective bicycles and parts are not the only examples of this risk. Product defects cause accidents in a wide variety of ways.

A construction crew may break a jackhammer while using it because there was a problem with the product’s manufacturing quality. This broken part can then present an obstacle in the road that a cyclist cannot avoid at the last minute.

The bicycle rider may sue both companies and the construction company may also decide to sue the jackhammer company.

Product defect cases can be complex. It’s important to partner with a skilled legal professional with experience in product liability, like the team at Lipsitz, Ponterio & Comerford, LLC.

Other Causes

Sometimes, bicycle accidents happen for reasons unrelated to vehicles or pedestrians. Maybe a construction zone didn’t have proper signs displayed or an object fell into the bike lane.

Regardless of the reason a bicycle accident occurs, victims often face financial and medical consequences. A cyclist should not have to pay for the damages when they are not at fault.

If you’ve been involved in a bicycle accident caused by another person, call the premier injury attorneys, Lipsitz, Ponterio & Comerford, LLC. With offices in Rochester and Buffalo, NY, we will fight for your rights and help you seek the compensation you deserve.

What Kinds of Compensation Can I Seek in a Bicycle Accident Case?

There are two primary forms of compensation that parties injured in bicycle accidents in New York can pursue. These are known as “economic” damages and “non-economic” damages.

Economic Damages

Economic damages are quantifiable expenses, such as medical bills.  Money is most often paid to cover medical bills and related expenses, but financial compensation can also account for things like lost wages due to time taken off from work.

Severe bicycle accidents, such as those involving an automobile crash, can cause severe injuries.

A bicycle rider may experience brain and head injuries, broken bones, or worse. Hospital bills can add up quickly.

When you partner with the experienced team at Lipsitz, Ponterio & Comerford, LLC, we will help you secure the maximum recovery you deserve. These damages may include:

• First aid expenses
• Emergency room bills
• Ambulance transportation
• Hospital stays
• Medical tests
• Specialist bills
• Surgery costs
• Medical technician bills
• Therapy and rehabilitation
• Prescription costs
• Lost work income
• Costs to repair or replace your bicycle

When you’re the victim of a bicycle accident, there is no reason that you should have to pay for your damages out of your own pocket. Not only are the immediate costs extensive, but there could be ongoing care costs for the rest of your life. Let our skilled legal professionals fight for you.

Non-Economic Damages

Damages that are not directly related to a financial expense are referred to as non-economic damages. These types of damages are common in bicycle accidents and can be included in personal injury awards.

This type of compensation can also include pain and suffering. It can account for intangible losses, often mental and emotional, including:

• Fear and traumatization
• Lingering physical pain
• Mental distress and anxiety
• Lifestyle changes
• Embarrassment or humiliation
• Changes in enjoyment or social activities

It can be difficult to quantify your non-economic damages. After all, what is a reasonable value to put on being able to take walks with your spouse without pain or the ability to lift your child?

Pain and suffering damages are strongly correlated with the degree to which the accident has affected your current and future life.

An amateur model may have to choose a different career path if she is disfigured in a bicycle accident. A child may be disabled for life if he loses a limb. Someone with extreme mental anxiety because of an accident may cease to socialize with friends and family, thus reducing their overall quality of life.

When you partner with the legal team at Lipsitz, Ponterio & Comerford, LLC, we’ll help you to calculate your non-economic damages so that you have the compensation you deserve.

What to Do If You’re in a Bicycle Accident in Rochester, Syracuse, or Buffalo, NY

If you are injured while riding a bicycle, there are several important steps you must take immediately.

First, call 911 and ask for an ambulance if anyone is injured. Even if no one is injured, it’s a good idea to request the police to come out to the scene of the accident.

Officers will write down all of the details you give them. They’ll talk to everyone involved, and they’ll often talk to any witnesses as well. They may even take photos. All of these details will help your lawyers to build your personal injury case to secure compensation.

If an ambulance was not necessary and you did not visit an urgent care center, visit a doctor as quickly after the accident as possible. It is common for accident victims not to realize that they’re injured immediately. The adrenaline rush from the accident can mask some of the pain and symptoms that can point to more severe injuries.

Exchange insurance information with the other parties involved, using the police to pass the information along, if necessary. Avoid making any unnecessary statements about the accident,  especially to anyone else who was in the accident.

Many people say they’re sorry out of sympathy or habit, but statements like this can be taken out of context in an accident. If the other party or a witness hears you apologize, they may later claim that you admitted guilt.

Next, call the personal injury experts at Lipsitz, Ponterio & Comerford, LLC. Our attorneys have been representing clients in personal injury cases in Rochester, Syracuse, and Buffalo, NY since 1995. Our lawyers have won billions of dollars in damages for clients.

If you or a loved one has been injured in a bicycle accident in Buffalo, Rochester, or Syracuse, NY, please contact us for a free and confidential evaluation.

Unfortunately, Birth injuries are more common than most people realize. According to the Department of Health and Human Services, in 2006, newborns and their mothers experienced more than 157,000 potentially avoidable birth injuries.

Birth injuries can be directly related to negligence, recklessness, or incompetence of a medical professional. Families trust doctors to provide skillful, thoughtful care. When they fail to do so, and mothers or their babies are harmed, it can be devastating.

Unfortunately, birth injuries can be a source of lifelong medical complications, creating mounting medical bills, time taken off work to care for a medically fragile child, or premature death.

The first step in evaluating whether you or your child has a birth injury claim is meeting with one of our attorneys to discuss the specific facts of your situation. The attorneys at Lipsitz, Ponterio & Comerford, LLC understand that each situation is unique and extremely difficult. We want to listen to your story, learn the specific facts of your situation, and make the legal process as simple as possible for you and your family. Throughout this process, we understand that your top priority is, and should be, the health, treatment and care of your child’s birth injury, not a potential lawsuit. Our job is to make the legal process as easy as possible for you and your family.

We will obtain all medical records related to the birth injury and perform a comprehensive review of these records, along with the facts related to the injury, to determine if you or your child has a viable birth injury claim.

At Lipsitz, Ponterio & Comerford, LLC, we’ve been helping victims of birth injuries secure the justice they deserve for decades. If you suspect that your birth injuries were the result of medical malpractice or negligence, please contact us today.

What Is Negligence?

Negligence is a leading cause of medical malpractice suits against doctors, hospitals, and other medical professionals. Personal injury law provides people injured or killed by a third party’s negligence the opportunity to receive compensation for their damages.

Keep in mind that some injuries at birth are true accidents. An honest accident does not qualify as medical malpractice. But when injuries occur because a doctor made a mistake that a care provider reasonably shouldn’t have made, they should be held liable for the resulting damages.

Doctors keep full caseloads and a busy schedule. In some instances, negligence can happen when a doctor rushes through a procedure. Other times, they may not pay close enough attention to what they’re doing, perhaps failing to ask about known allergies, administering the wrong medicine, or failing to account for relevant medical factors.

Unfortunately, some birth injuries happen because the doctor was reckless in the decisions that they made.

Doctors are required by law to provide an acceptable standard of care. In order to prove medical malpractice in New York, the patient is required to prove two things: that the medical professional deviated from the accepted standards of medical care; and that the deviation caused the patient substantial harm. When a medical professional deviates from the standard of care, endangering the lives of the mother and child entrusted to their care, they should be held accountable.

Common Types of Birth Injuries

There are many different kinds of birth injuries that families can face. These can be divided into a few categories:

Injuries to Babies

Babies are quite fragile. If a doctor is rushing or being careless in their care, there can be lasting consequences, including:

• Bone Damage: Bones may be fractured from the use of forceps or doctors using other surgical tools improperly
• Brain Damage: A lack of oxygen can cause brain damage that results in lifelong mental or physical problems
• Skull Injuries: When an infant’s skull is damaged at birth, it can create lasting negative effects
• Spine or Nerve Damage: This can quickly happen when the baby is positioned wrong or removed poorly at birth

If a medical professional uses the forceps incorrectly, it can cause bones to fracture and create extensive spinal damage — all of which can have lasting health implications.

Likewise, if a baby is in distress for too long, it can cause a lack of oxygen to their brain, leading to conditions like cerebral palsy.

While some birth injuries are obvious right away, others are more subtle. If you suspect that your child was injured by negligent care, please contact the skilled legal team at Lipsitz, Ponterio & Comerford, LLC, right away.

Injuries to Mothers

Mothers may also suffer Birth injuries during childbirth. Common birth injuries experienced by  mothers include:

• Improper medications or dosage administered
• A placental rupture that is not recognized in a timely manner
• A protracted delivery that causes excessive pain
• C-section mistakes that result in emergency sterilization

These are just a few of the examples of birth injuries that happen every day. If you or a loved one have sustained birth injuries, Lipsitz, Ponterio & Comerford, LLC can help you secure the maximum compensation you deserve.

Product Defect Injuries

In rare cases, a birth injury could be caused by a defective product. Medical products are not invincible. A bad batch of medication may have been used or an oxygen machine may fail.

Whatever the circumstances, when products are defective, they can cause irreparable injuries.

Manufacturers and retailers are required to recall defective products once they’ve learned that their products may be unsafe, but that doesn’t always happen in a timely manner.

Sometimes, the recall is delayed. In other cases, manufacturers try to cover up their defective products. In either case, when a company knows that there is a problem with their product and they fail to take timely action to remedy the issue, they may be held liable for the resulting damages.

At Lipsitz, Ponterio & Comerford, LLC, we understand how to effectively fight for the rights of birth injury victims. Whether your family is facing a birth injury from negligence, recklessness, or a product defect, let us help you seek the compensation you deserve.

Economic Damages

When you face a birth injury, you might quickly incur bills and expenses that you would not otherwise have.

Medical bills can be expensive, particularly if a mother or child suffers a birth injury and needs additional care for the remainder of their lives. No mother or child should have to pay for the expenses brought about by the negligence or incompetence of a doctor.

Mistakes at birth that cause lifelong injuries are not solely limited to medical bills and expenses.

Examples of the types of compensation that you can pursue include:

• Birthing costs
• Testing fees
• Expenses for extended hospitalizations
• Lost wages from work
• Ongoing medical care, physical therapy, and psychiatric care
• Specialty daycare services
• Home health care services
• Special tutors and schooling

If the birth injury caused your child to suffer from brain and head injuries, the resulting medical bills may be astronomical. Let Lipsitz, Ponterio & Comerford, LLC, fight for you and hold the responsible parties accountable.

Non-Economic Damages

When you are the victim of a birth injury, there are many damages that do not come with a financial figure attached.

Non-economic damages are designed to compensate victims for things that are hard to quantify. For example, if your child suffers from significant brain damage, they may face significant emotional distress. As a mother, if your injury leaves you unable to hold your child without pain, you deserve compensation for that loss.

Common factors considered for non-economic damages include:

• Anxiety and distress
• Fear
• Lingering pain
• Social life changes
• Embarrassment
• Depression
• Sex life changes
• General life enjoyment changes

If a birth injury causes a baby to have spinal damage, for instance, that injury will dramatically change the parents’ lives. Caregivers may not socialize as much because they’re too focused on taking care of their child.

If the mother was injured at birth, she may experience pain during intercourse.

Birth injuries can drastically change the quality of life for a new mother and father. A birth injury that occurs as a result of care providers’ negligence, inattention, lack of focus, recklessness, or incompetence of care providers can also affect the entire life of a newborn child.

You don’t have to face this problem alone. Turn to the birth injury attorneys at Lipsitz, Ponterio & Comerford, LLC, for the compassion and support you need as you fight for justice.

Has Your Family Been Affected By a Birth Injury?

New York State imposes strict time limitations on the amount of time that can pass before you file a personal injury suit.  If you believe you or your child experienced a birth injury as a result of negligent care, you should call the experienced attorneys at Lipsitz, Ponterio & Comerford for a free consultation.

Things to ask yourself include:

• Does your newborn have a critical injury, illness, or disease?
• Were there unexpected birth complications?
• Did you or your baby receive unwanted medical procedures?
• Did the doctor take time to answer all of your questions?
• Was the doctor attentive or distracted?
• Does something just seem wrong?

It can be difficult to gather the documentation that you need to pursue a case on your own. You can contact legal counsel before you even leave the hospital if you suspect that you’ve been the victim of a birth injury.

If you suspect that you or your baby suffered a birth injury caused by negligence, do not sign any paperwork or forms without a lawyer present. You may want to avoid signing insurance papers until your attorney can look at them, as well.

Doctors and hospitals actively work to protect themselves legally, so they may try to rush you into signing statements that can negate a later claim against them.

Keep detailed notes about what was said and done before, during, and after your baby’s birth. Noting everything down while it is fresh in your mind will help you to recall it properly later.

Call the personal injury experts at Lipsitz, Ponterio & Comerford, LLC. Our birth injury attorneys have been representing clients in Rochester, Syracuse, and Buffalo, NY since 1995. Our attorneys have recovered over a billion dollars for our clients.

If you or a loved one has experienced a birth injury in Buffalo, Rochester, or Syracuse, NY, please contact us for a free and confidential evaluation.

Learn more here: https://lipsitzponterio.com/catastrophic-injury/types-of-cases/birth-injuries/

Construction Accident Attorneys in Buffalo, Rochester, and Syracuse, New York

Each year,

The experienced team at Lipsitz, Ponterio & Comerford, LLC has a track record of securing compensation for construction accident victims in Buffalo, Syracuse, and Rochester, NY. You should not have to bear the burdens from a workplace accident on your own.

Our experienced construction accident attorneys will pursue maximum financial compensation in your case.

We understand the financial difficulties that construction accident victims face. For that reason, we provide free and confidential consultations to new clients.

How Can Construction Accident Attorneys Help?

If you were injured as a result of a construction accident, a personal injury attorney can help. The laws concerning personal injuries that happen on construction sites are complex.

New York Labor Law protects construction workers against the extraordinary risks they take while working on construction sites. This law places absolute liability on contractors and property owners who do not comply with safety regulations, such as, not properly securing ladders and scaffolds.

Under New York State law, workers may bring lawsuits against the owners of the property, general contractors, sub-contractors, architects and manufacturers of defective products. These lawsuits can provide additional compensation.

New York State Labor Law §§ 200, 200.1, and 241.6 place the responsibility for work site safety on the owner of the construction job or contractor. These statutes allow an injured worker to recover monetary damages for construction accidents. Injuries that fit within these statutes include: a fall from any height; fall from a ladder; scaffold failures; slipping and/or tripping hazards; poorly equipped job sites OSHA (Occupational Safety and Health Administration) violations; and more.

A robust knowledge of these statutes is necessary to recover the money that you deserve. It is vital to understand which regulations are applicable in your specific case.

One of the key elements of any personal injury claim is determining legal liability. This issue becomes complex when multiple parties are involved in an accident.

In construction site accidents, more than one party may hold responsibility for the resulting injury.

Some of the most common examples of liable parties in these accident cases include:

• Onsite contractors
• Owners of the construction site
• Sub-contractors
• Manufacturers responsible for faulty construction equipment
• Other third parties

When you hire a legal representative, they will carefully examine the evidence in your construction site case. This work requires a certain skillset and legal knowledge.

Some of the relevant evidence in a construction site accident claim include:

• Medical records
• Construction site layout and information
• Eyewitness statements
• Relevant laws and regulations
• Testimony
• And more

An accomplished personal injury attorney will conduct a thorough investigation of your construction site accident case.

What are the safety requirements for construction sites?

OSHA (Occupational Safety and Health Administration) sets specific regulations that must be followed on construction sites. These include:

• Design and Construction– Scaffolds used must meet OSHA requirements and not exceed rate capacities or be used for non-approved uses. Every scaffold must be able to support its own weight plus four times the intended weight load. Every suspension rope must support at least six times the intended weight load.

• Inspection – All scaffolds and personal safety equipment must be inspected before every work shift. Any damaged equipment must be removed.

Common Categories of Construction Site Accident Cases

Following an injury on a construction site, there are many options for the victim to seek financial compensation. Some of the most common types of cases involve:

Workers’ Compensation Claims

In most cases, construction injuries happen to those who are employed at the site. Injured employees cannot bring a lawsuit against their employer if they pursue a workers’ compensation claim.

Workers’ compensation insurance is intended to cover the costs that injured employees face following a workplace accident. Unlike a personal injury claim, workers’ compensation claims do not require the injured person to prove that their employer was negligent.

Instead, the victim only needs to show that an injury took place while they were working. If a workers’ compensation claim is approved, the employee will receive benefit payments.

Workers’ compensation provides some payments, but when a person is out of work for a long period of time, a financial strain is placed on the family. You will not need separate legal representation. Our in-house Workers’ Compensation Attorney and construction accident attorneys will work together to handle your law suit and your workers’ compensation claim.

To learn if you are eligible for workers’ compensation benefits, reach out to the construction accident attorneys at Lipsitz, Ponterio & Comerford, LLC.

Personal Injury Claims

Construction accident victims can pursue a personal injury claim or lawsuit. In this type of legal action, the claimant must prove that the liable party was negligent.

This typically requires the help of construction accident attorneys. The legal concept of “negligence” consists of four distinct elements.

construction workers and laborers are seriously injured or killed while working at construction sites. These accidents occur even though various state, federal, and industry standards and regulations require owners, general contractors and sub-contractors to implement a wide variety of safety measures. Most construction workers are unaware that New York State law provides protections for those injured on the job.

Cases involving workplace accidents and injuries can be complex. This is especially true for construction site accidents.

In the aftermath of a workplace injury, it is critical to consult with trusted construction accident attorneys. Skilled legal professionals will have a working knowledge of relevant state and federal regulations.

Construction accident cases involve many complicated liability issues. That is why you should speak with a lawyer as soon as possible following a construction accident.

First, the claimant must show that the liable party owed them a certain “duty of care.” This means that the liable party was required to behave in ways that were reasonably safe and legal.

Secondly, the victim must prove that the other party breached their duty of care. For instance, if a construction company cut costs by violating certain safety standards, this would be a breach of duty.

Next, the plaintiff needs to provide evidence that the breach of duty is what caused their injuries. In other words, the liable party’s negligence must be a significant contributing factor to the accident or injury.

Finally, the claimant must prove that their construction accident led to actual damages. If the responsible party’s actions did not result in actual damages, it will be impossible to prove negligence.

Proving negligence in a personal injury claim requires all four of these elements.

Product Liability

When a workplace injury is caused by a faulty or defective product, the victim has the option to pursue compensation from parties in the chain of distribution.

For instance, suppose one of the ladders on a construction worksite fails because of a defect and causes damage to an employee. In a case like this, the injured worker could seek financial recovery from any of the following parties:

• The retailer
• The wholesaler
• The manufacturer
• And more

Anyone involved in bringing a faulty product to market can be held accountable for the resulting damage. The construction accident lawyers at Lipsitz, Ponterio & Comerford, LLC will examine the role that faulty products played in your injury.

If applicable, we will help you to pursue a product liability claim.

Wrongful Death

Sadly, some construction site accidents are fatal. Construction work often involves large and heavy machinery, equipment, and materials.

If someone that you love lost their life in a construction site accident, you may be able to file a wrongful death claim. These claims operate similarly to other personal injury cases.

The decedent’s surviving family can pursue the damages that the victim would have been owed if they had lived. Wrongful death claimants can also pursue compensation for their own pain and suffering, funeral expenses, and burial costs.

Common Causes of Construction Site Accidents

According to the U.S. Bureau of Labor Statistics, New York saw more than 140,000 instances of workplace injuries and illnesses in 2019. This number is staggeringly high and does not even account for fatal workplace injuries.

The Occupational Safety and Health Administration (OSHA) oversees workplace safety regulations in the United States. If you believe that your injury was the result of a regulatory violation, skilled construction accident attorneys can help you to file a claim through OSHA.

Businesses are legally prohibited from retaliating against employees who file safety complaints. If your employer acts against you for filing a complaint through OSHA, an attorney can help you pursue legal action to ensure justice.

OSHA requires construction businesses to obtain regulatory permits, conduct safety inspections, and implement certain safety programs. These regulations are aimed at ensuring safe construction sites and workplaces.

Faulty products, employer negligence, and a lack of proper safety procedures can all result in avoidable workplace injuries. Some of the most common reasons for construction site accidents include:

• Lack of safety training
• Failure of oversight and safety precautions
• Hoist accidents
• Faulty harnesses
• Structure collapse
• Failure to properly maintain equipment
• Exposure to hazardous substances
• Slip and falls
• Trip and falls
• Fires
• Scaffolding mishaps
• Improper use of tools and equipment
• Welding mistakes and accidents
• Falling objects
• And more

These are only a few examples of factors that result in construction site accidents. If you or someone you love has been injured, reach out to the attorneys at Lipsitz, Ponterio & Comerford, LLC as soon as possible.

Damages in Construction Accident Cases

When you pursue a personal injury claim with the help of construction accident attorneys, you can seek many types of financial recovery. In most injury cases, payments to the victim fall into two main categories.

These categories are known as “economic” and “non-economic” damages. Economic damages are those losses from the construction accident that result in direct financial losses.

Some common examples of economic damages include:

• Lost wages and income from missed work
• The cost of repairing and replacing damaged property
• Current and future medical expenses
• The cost of counseling
• Physical therapy costs
• Mortgage and rent expenses
• And more

But not every type of loss is easily quantifiable. Some of the negative outcomes from an injury do not result in monetary losses.

Compensation for these types of harm is known as “non-economic” damages. Some typical examples of non-economic damages in construction accident cases are:

• Physical pain and suffering
• Mental distress and anguish
• Stress, anxiety, and panic
• Loss of consortium or relationships in wrongful death cases
• Embarrassment
• And more

No matter what types of harm you have sustained, you deserve justice.

Let Lipsitz, Ponterio & Comerford, LLC Fight for You

When you need legal representatives in Buffalo, Rochester, or Syracuse, NY, reach out to Lipsitz, Ponterio & Comerford, LLC. Our skilled personal injury attorneys have a track record of recovering compensation for construction site accident victims.

Our construction accident attorneys are familiar with safety regulations that must be followed in the workplace. We are experienced in investigating safety failures and workplace injuries. We work for the best possible results for our clients and insist that at fault employers correct their unsafe practices to prevent further injury to employees and the general public. If you or a loved one has been injured in a construction accident, please contact us for a free and confidential evaluation.

Defective Drug Attorneys in Buffalo, Rochester & Syracuse, New York

Prescription drugs are a key component to most Americans’ health care. According to data published by the CDC, in 2015–2016, nearly half of the U.S. population used prescription drugs in the past 30 days.  The CDC reported that prescription drug use increases with age, revealing that 85.0% of adults aged 60 and over take prescription drugs. [1] It is likely that you or a family member has taken a pharmaceutical drug in the last month.

Pharmaceutical products may trigger serious permanent injuries requiring hospitalization, such as blindness, paralysis, organ failure or permanent neurological impairments.  If you or any member of your family took prescription drugs in the last three years and has been seriously injured as a result, suffering permanent injuries, you may have a potential legal claim against the drug manufacturer and be entitled to financial compensation.  If you are presently taking a prescription drug, do not stop taking it without first consulting with your doctor.

Drug and medical device manufacturers have a duty to provide warnings about dangerous side effects of their products and not to sell or market products that are unreasonably dangerous and defective. Some pharmaceutical manufacturers may be aware that their drugs can cause an adverse reaction, but fail to disclose such information or remove their defective drugs from the market in a timely manner.

Lipsitz, Ponterio & Comerford, LLC has represented thousands of victims injured in product liability claims where the manufacturer has failed to warn of the dangers of their product.  Our firm has decades of experience representing injured parties and their families in complex litigation against large corporations. We have successfully recovered large settlements and won jury verdicts for our clients.

New York State imposes strict time deadlines on filing a personal injury action. If you fail to file your claim during this time period you may be forever barred from ever pursuing your claim.  It is imperative that you contact an attorney as soon as possible to preserve your legal right to file a defective drug claim.

If you or any member of your family took prescription drugs in the last three years and has been seriously injured as a result, we urge you to call Lipsitz, Ponterio & Comerford, LLC at 866-238-1452 to schedule a free consultation with an attorney to discuss the details of your defective drugs claim. Our attorneys will travel to meet with you at our offices, your home, or other convenient location. Lipsitz, Ponterio & Comerford handles personal injury cases on a contingency fee basis. If there is no recovery, you will not pay us a legal fee.

Do not stop taking a prescribed medication without first consulting with your doctor.  Discontinuing a prescribed medication without your doctor’s advice can result in injury or death.

Learn more: https://lipsitzponterio.com/catastrophic-injury/types-of-cases/product-liability-defective-products/defective-drugs/

Personal injury law provides people injured or killed by a third party’s negligence the opportunity to receive compensation for their damages.

Catastrophic injuries resulting from another person’s negligence or unreasonable conduct include injuries from:

Asbestos exposure including:

• Mesothelioma
• Peritoneal Mesothelioma
• Malignant Mesothelioma
• Sarcomatoid Mesothelioma
• Asbestos-Related Lung Cancer
• Second-Hand Asbestos Exposure
• Environmental Asbestos Exposure
• Talc & Asbestos Exposure

Additional injuries including:

• Car Accidents
• Construction Accidents
• Wrongful Death
• Product Liability / Defective Products
• Child Victims Act
• Toxic Substances
• Personal Injury
• Truck Accidents
• Motorcycle Accidents
• Defective Drugs
• Traumatic Brain Injuries
• Birth Injuries
• Lead Poisoning
• Bicycle Accidents
• Pedestrian Accidents

It is very important immediate legal action be taken. New York State law imposes strict time deadlines on personal injury actions, and if you fail to act under the legal time limitations, you may be barred from ever pursuing your claim. In certain cases, New York State law requires that an injured person give “notice” of their claim within a specific period of time from the date of injury or the claim will be barred.

If you or a loved one has been injured as a result of negligence, please contact us for a free and confidential evaluation.

A personal injury can change your life. If you or a family member was injured in an accident or incident that was not your fault you may be entitled to compensation. Personal injury law exists so that injured parties can secure the justice they deserve when they have suffered due to another person’s negligence.

Unintentional injuries are the third leading cause of death in New York. Every year, approximately 7,700 New Yorkers will die from accidents. About 1,100 of those accidental deaths will happen in Buffalo, Rochester, or Syracuse.

Many more New York residents will survive their injuries but suffer long-term disabilities. Residents of New York make 700,000 visits to the emergency room every year as a result of accidental injuries. These injuries range from superficial cuts to traumatic brain injuries (TBI).

Not all accidental injuries will support a claim for injury compensation. An experienced injury lawyer at Lipsitz, Ponterio & Comerford, LLC, can help evaluate your case and secure the compensation you need to make yourself whole.

Legal Liability for Accidents in New York

A personal injury, or tort, claim is a lawsuit filed by an injured party to claim compensation for injuries suffered in an accident. This compensation is broader than what is generally available from insurance coverage. New York law recognizes three forms of legal liability for injuries to others: Intentional Torts, Unintentional Torts (Negligence), and Strict Liability.

Intentional Torts

Intentional torts are injuries that occur due to someone else’s intentional actions. Intentional torts require proof of general or specific intent.

For example, someone who pushes you in a brawl might not intend to hurt you. When you fall and fracture your skull, that person has committed an intentional tort and you may have a claim for injury compensation. Common intentional torts are intentional infliction of emotional distress, battery, assault and false imprisonment.

The state uses criminal laws to punish people for their criminal acts. Injured people use tort law to secure compensation from wrongdoers for their injurious acts.

Negligence

A negligent tort is an injury that occurs when one party owes a duty to another party and fails to act  as a reasonable person under the circumstances.

Unlike intentional torts, it is not necessary to prove that the at-fault party intended to engage in the injurious action. Instead, you only need to prove that the at-fault party did something that a reasonable person would view as dangerous.

Specifically, the elements of negligence include:

Duty

The at-fault party must owe you a duty of care. Some relationships give rise to a special duty of care.

A motorist has a duty to other drivers to drive in a reasonably prudent manner. A healthcare provider has a duty to patients to provide reasonable standard of care under the circumstances. An owner or occupier of premises owes a duty to guests and invitees to take reasonable steps to identify and fix hazards on the premises.

Breach

The at-fault party must have breached their duty of care. For example, a distracted driver who causes an automobile accident has breached the duty to drive in a reasonably safe manner.

But if your injuries happened when a truck driver’s semi-trailer gets blown over by the wind, your injuries might have resulted from an accident, rather than negligence.

Causation

The breach must have caused your injuries. Causation has two parts. Cause-in-fact means that the breach was in the chain of events that ended with your injury.

Proximate cause means an injury was a foreseeable result of the breach. This does not require the at-fault party to foresee your exact injuries. Instead, it only requires that your injuries would be a reasonably expected result of the at-fault party’s actions.

Damages

You must suffer damages. When you suffer an injury, you will probably have damages. Damages can include your medical expenses, lost income from missed work, and pain and suffering.

Strict Liability

Strict liability applies when the at-fault party’s intent does not matter. Strict liability in tort law applies broadly to possession of certain animals and abnormally dangerous activities. In New York, dog bites are a common example of strict liability.  In products liability, strict liability applies when a defective product such as asbestos causes injury.

Examples of Injury Incidents in Rochester, Syracuse, and Buffalo, NY

Buffalo, Rochester, and Syracuse experience the same kinds of incidents you will find in other parts of New York. The attorneys at Lipsitz, Ponterio & Comerford, LLC, have experience litigation personal injury claims, including:

Automobile Accidents

Every month, Erie County sees about 450 injuries and four deaths due to automobile accidents. Monroe County experiences about 330 injuries and four deaths every month. Onondaga County reports about 150 injuries and two deaths every month.

Most of these accidents result from driver errors, with only a small percentage coming from road hazards and mechanical failures. As a result, many of these injured motorists, bicyclists, pedestrians, and motorcyclists could have a case for negligence if their no-fault insurance benefits fail to cover all their damages.

Child Sexual Abuse

Child sexual abuse can often support two types of injury claims. The perpetrator committed the intentional torts of assault and battery. As such, you can probably sue the perpetrator for your child’s damages.

A business, church, educational institution, or youth group might have been negligent in allowing the perpetrator to victimize its child members. Negligence in hiring and supervising the perpetrator might expose the organization to injury claims.

Similarly, an organization that fails to properly investigate reports of sexual abuse can become liable to the victims.

Toxic Exposure

You might be exposed to toxic substances in the workplace, at your school, or even your home. For example, asbestos was once used as a brake liner, pipe insulator, and fireproofing material.

Claims for injuries caused by toxic substances fall under strict liability. If you can prove that the toxic substance was inherently dangerous or that the manufacturer failed to warn of its dangers, you might have a claim for your damages.

Construction and Workplace Accidents

Workplace accidents almost always entitle you to workers’ compensation benefits. New York requires almost all employers to carry workers’ comp insurance to guarantee benefits for on-the-job injuries. In exchange, New York protects employers from lawsuits for most workplace injuries.

But workplace accidents can open the door to a third-party claim for injury compensation. Defective equipment, car accidents, and toxic substances can support a claim against someone aside from your employer.

Lipsitz, Ponterio & Comerford, LLC is one of the few law firms in New York State operating in the area of mesothelioma and asbestos-related lung cancer to have a Workers’ Compensation Attorney on staff ready to assist in the filing of a claim for disability benefits or death.  A claim for disability benefits under the Workers’ Compensation Law may be filed in cases where an occupational disease interrupts a period of gainful employment.  The claim is filed against the last employer for whom the claimant worked while experiencing injurious exposure to the toxic substance that caused the occupational disease. Assuming that there is adequate proof of exposure and related disease, the employer or its insurance carrier will be directed to pay a weekly wage replacement with a maximum award of approximately $800 a week, together with payment for all medical bills reasonably and necessarily related to the treatment of the disease.

Damages for Injuries

If you have a claim, a skilled personal injury lawyer at Lipsitz, Ponterio & Comerford, LLC, can usually seek economic damages and non-economic damages.

Economic Damages

Economic damages include all of the ways your injuries measurably affected your finances. These damages can account for:

Medical Expenses

You can seek compensation for past and future medical treatment, physical therapy, mental health counseling, and medication. Personal injury lawyers typically prove medical expenses with copies of your medical bills.

Lost Income

Your compensation can include your past and future lost income. You can include the income you lost while hospitalized or receiving treatment. You can also include the difference in the income you earned while on desk duty or otherwise excused from your job by your doctor.

If you need to change jobs or retire due to a long-term disability, you can include your diminished earning capacity with your damages.

For example, suppose that you worked full-time before your accident but needed to change jobs and work part-time due to your injury. You can claim the difference in your income for the rest of your working life.

Non-Economic Damages

Non-economic damages compensate you for all of the non-financial ways your injuries diminished the quality of your life.

Some examples of non-economic damages include:

• Physical pain
• Mental suffering
• Loss of sexual relations
• Loss of activities
• Inconvenience

Personal injury lawyers typically prove non-economic damages with records from your doctor and your mental health treatment provider.

How long do I have to file a personal injury claim?

The statute of limitations in New York State differs depending on the type of injury. For negligence resulting in personal injury, an action must be commenced within three years of the date of your injury or the claim is barred. If a person has died as a result of the personal injury, an action for wrongful death, if one is filed, must be filed within two years of the date of death or the claim will be barred. The identity of the defendant and the particular facts and circumstances related to your claim may change the statute of limitations that applies to your case.

Applying the statute of limitations to the facts of a particular case requires the exercise of professional judgement by a licensed attorney. If you have a question about the application of the statute of limitations to your case, please call our office.

The Role of Personal Injury Lawyers After Your Accident

Personal injury lawyers provide legal advice, representation, and advocacy. When you turn to Lipsitz, Ponterio & Comerford, LLC, an injury lawyer will evaluate your case and present your options for obtaining compensation.

If you choose to pursue your case, your injury attorney might start pursuing injury compensation from an insurer. In the case of automobile accidents in New York, your claim will probably start with your no-fault insurer.

Your personal injury lawyer will prepare an insurance claim along with proof of your losses. We will negotiate with the insurer to try to settle your claim without filing a lawsuit.

If we cannot settle the claim, you will need to decide whether to file a lawsuit. We will prepare a lawsuit against the business or person who caused your injuries. The lawsuit will explain how the person or business is liable for your damages.

During the lawsuit, we will represent you before the judge. We will also continue to negotiate with the at-fault party to try to settle your case. If your case reaches trial, we will present your case to a jury.

Throughout your case, we will pursue the most favorable outcome under the law.

If you or a loved one has been injured in Buffalo, Rochester, or Syracuse due to the negligent or intentional actions of another, Lipsitz, Ponterio & Comerford, LLC, can help. Contact us for a free and confidential evaluation with a skilled injury attorney.

Learn more here: https://lipsitzponterio.com/catastrophic-injury/personal-injury/

Stone fabricators who work with engineered countertop products are at risk of inhaling silica dust and developing serious diseases like silicosis. Quartz countertops, also known as engineered stone, are the most popular choice for kitchen and bath countertops in the United States. However, there is a hidden cost to workers who are exposed to silica dust at high levels and are becoming sick with silicosis. Quartz countertops bind silica particles with resin, and the fabrication process releases dangerous silica dust into the air.

What Is Silica?

Silica is a common mineral found naturally in stone, soil and sand. It is also found in granite and artificial stone. Non-crystalline silica is found in glass, silicone, and other materials and products. It has less of an impact on our lungs than the crystalline form. Crystalline silica—found predominantly in quartz—can cause lung issues, especially for workers who inhale silica dust during the fabrication of engineered stone products.

Exposure to silica is hazardous because it can cause silicosis, an irreversible lung disease, as well as other serious lung diseases, including pulmonary diseases and lung cancer.

Quartz (Engineered Stone) Countertops

Quartz slabs are cheaper and more durable than natural stone, but their silica content is far higher. When they are cut or ground, they release clouds of silica dust that easily enter the lungs and can lead to silicosis.

The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health “have identified exposure to silica as a health hazard to workers involved in manufacturing, finishing and installing natural and manufactured stone countertop products both in fabrication shops and during in-home finishing/installation.”

The highest silica levels are associated with manufactured countertops, which can contain over 90% silica. In contrast, calcium-based stones, such as limestone and certain marbles, contain little or no silica. Granite can contain up to 50% silica.

OSHA recommends that employers monitor and “control exposure to respirable crystalline silica” so that workers are not exposed to exposure limits greater than “50 µg/m³ as an 8-hour time-weighted average.” OSHA further recommends controls such as wet sawing, filters, air monitoring, ventilation, HEPA-filtered vacuums, and respiratory protection.

What Is Silicosis Lung Disease?

Silicosis is a lung disease caused by occupational (job-related) exposure to airborne silica dust particles, a byproduct of fabricating engineered stone countertops. This work is especially dangerous when protective equipment, like masks and respirators, are not provided. Even then, wet sawing, ventilation, and protective gear may not be sufficient to prevent inhalation of the harmful particles.

Historically, silicosis takes decades to develop with natural stone, but with artificial stone, symptoms usually appear in just a few years. Silicosis can be treated, but it cannot be cured or reversed. According to the American Lung Association, symptoms of silicosis include persistent cough, shortness of breath, and difficulty breathing. As the disease progresses, it may lead to more severe respiratory issues, including respiratory failure and lung transplantation.

Who Is at Risk of Developing Silicosis?

Silicosis is a work-related lung condition. As a result, those who have worked in facilities where silica exposure is high are the most at risk of developing this disease. Industries where workers may be exposed to silica include:

• Stone countertop manufacturing
• Construction
• Mining and quarrying
• Sand and gravel work

If you or a loved one has worked in one of these high-risk industries and has developed a condition related to silica exposure, like silicosis or lung cancer, you may be eligible for compensation.

Australia Bans Engineered Stone Due to Silica-Related Diseases

Due to the popularity of quartz-engineered countertops, there has been a spike in silicosis cases in recent years. Clusters of silicosis cases have been identified in California among fabricators of engineered stone countertops, where legislation has been introduced to increase safety measures and protect quartz fabricators.

Citing unacceptable safety risks to workers, Australia will ban the use, supply and manufacture of engineered stone, effective July 1, 2024, in a move that has been described as lifesaving.

Filing a Silicosis Lawsuit

If you were exposed to silica dust while working as a stone fabricator and later developed a silica dust exposure illness, you may be eligible to file a silicosis lawsuit. Silicosis lawsuits may be filed against stone manufacturers and suppliers that failed to create a safe workplace for their employees, causing them to be exposed to unsafe levels of silica dust. Silicosis lawsuits have been filed against stone countertop manufacturers and suppliers, including Caesarstone USA Inc., Cambria USA, Colorquartz USA Inc. and Cosentino Group.

Strict time limits, known as the statute of limitations, apply to the filing of a lawsuit in New York State. It is important to contact an attorney as soon as possible to determine the statute of limitation that applies to your case. If you worked with engineered stone, and have been diagnosed with silicosis or lung cancer, please contact us for a free consultation. Our team of experienced trial lawyers will evaluate your claim and guide you through the legal process.

Truck Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

There are over ten million commercial trucks in the United States. These commercial freight trucks often weigh twenty times the weight of a passenger car at around 80,000 pounds. Oftentimes, the drivers of these massive commercial trucks are overworked or drowsy. Unfortunately, it only takes one misstep to result in devastating injuries. If you or a loved one has been injured in an accident with a truck, please call the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC today.

Common Questions in Truck Accident Cases

If you were involved in an accident with a delivery truck, eighteen-wheeler, or other commercial truck, claiming compensation can be complicated. That is why it is critical to discuss your case with a knowledgeable legal professional.

Some of the most important legal questions that arise following any truck accident include:

• Who is liable for the collision and resulting injuries?
• Does the trucking company bear legal liability?
• Who is the owner of the truck?
• What cargo was the truck carrying?
• Were any regulations being violated?
• And more

When you consult with a personal injury attorney at Lipsitz, Ponterio & Comerford, LLC, we will thoroughly examine the circumstances of your case. Gathering information and evidence can help to determine the viability of your truck accident claim.

Common Causes of Commercial Truck Accidents

According to one study from the Federal Motor Carrier Safety Administration (FMCSA), negligence is the driving cause of nearly 90% of commercial trucking accidents. When someone’s negligence has caused you to become injured, you deserve justice.

The leading cause of truck accidents is driver error. The most common scenarios that result in driver error are driving fatigue, drug or alcohol use, and faulty equipment.

Driver Fatigue

Because of the long shifts that many truck drivers must work, fatigue is a common problem. Most truck drivers are compensated by the number of miles that they drive. Some drivers are tempted to speed in order to make more money.

Also, many truck drivers work more hours than other types of employees. The FMCSA has instituted regulations regarding the number of hours that truck drivers can work.

For example, truck drivers cannot drive more than 11 hours in any 14-hour period. They are also prohibited from working more than 60 hours in any seven-day period.

These regulations are intended to ensure that drivers get enough rest. However, some truck drivers and companies violate these rules. When this happens, they may be driving while fatigued.

Driving while fatigued or drowsy can cause:

• Impaired judgment
• Decreased reaction times and breaking opportunities
• Lessened ability to control the vehicle
• Inability to make safe and reasonable driving decisions

When truck drivers do not get adequate rest, they are more likely to maneuver in negligent or dangerous ways.

Drug and Alcohol Impairment

Obviously, truck drivers are legally prohibited from using drugs or alcohol while they are working. Still, some drivers do operate their vehicles under the influence of alcohol or other drugs.

Driving under the influence is incredibly dangerous in normal passenger vehicles. Because of the enormous size of commercial trucks, driving a truck while intoxicated can lead to even more disastrous accidents.

Commercial drivers are subject to drug screenings before qualifying to drive a freight truck. Also, the FMCSA requires companies to enact randomized drug tests on employees each year.

Driving while under the influence of drugs or alcohol can cause:

• Delayed reaction times
• Impaired judgment
• Drowsiness
• Blurred vision
• And more

After a truck accident, the driver is also subjected to a drug test. The involvement of drugs and alcohol increases the risks of dangerous trucking accidents.

Faulty Equipment

Another leading cause of truck accidents is faulty equipment resulting in mechanical failure. Faulty equipment can be the result of manufacturing errors, including defective tires or bras, and design problems, such as a failure to include object detection systems.

Even if there are no problems in the manufacturing or design of trucking equipment, proper maintenance is required. Failing to adequately maintain commercial trucking equipment can result in mechanical failure.

A few common maintenance oversights include:

• Lack of brake system maintenance
• Depowering or removing front brakes
• Failure to adequately secure the trailer
• Inadequate securing of freight
• Improper tire maintenance and replacement

These are only a few examples of the common causes of commercial trucking accidents. Other examples include traffic signal failure, inclement weather, and road design problems.

Because these cases can involve a complex range of factors, it is critical to speak with a lawyer. The skilled truck accident lawyers at Lipsitz, Ponterio & Comerford, LLC proudly serve accident victims in Buffalo, Rochester, and Syracuse, NY.

Claiming Damages in a Truck Accident Case

If you have been injured in a truck accident, you may be entitled to financial compensation. A legal professional can help you determine the value of your truck accident case.

When you are hoping to claim damages through this type of personal injury claim, it is important to know what to expect.

A legal expert can determine whether the truck driver and company were negligent. There may be more than one liable party in a commercial truck accident.

Federal and state regulations specify the following for commercial trucks:

• Maximum weight limits for cargo trucks
• Controlled substance testing for drivers
• Maximum length of drivers’ work shifts
• Operator safety and licensing guidelines
• Inspection and maintenance of trucks and equipment
• Regulations surrounding hazardous materials

Understanding the details of federal and state trucking regulations is critical for a successful personal injury case. A skilled legal expert will examine the facts of your case to determine who is at fault for your accident and injuries.

When more than one party’s negligence resulted in harm to you, you can seek financial recovery from all of the responsible parties. For the best legal representation in Buffalo, Syracuse, and Rochester, NY, reach out to the personal injury attorneys at Lipsitz, Ponterio & Comerford, LLC.

Examples of Damages in Truck Accidents

If you have been injured in a commercial truck accident, you may be wondering what types of compensation you are entitled to. The legal term for payments made to an injury victim is “damages.”

In civil legal cases, damages fall into two primary categories: “economic” and “non-economic.”

Economic Damages

Economic damages are quantifiable expenses, such as medical bills.  Money is most often paid to cover medical bills and related expenses, but financial compensation can also account for things like lost wages due to time taken off from work.

Some of the most common examples of economic damages include:

• Current and future medical expenses
• Lost income and wages from missed work
• Property damage, such as vehicle repair or replacement costs

In a truck accident case, attorneys use receipts, invoices, and bills to determine the sum of economic damages.

Non-Economic Damages

Damages that are not directly related to a financial expense are referred to as non-economic damages. These types of damages are common in truck accident cases and can be included in personal injury awards.

Some common examples of non-economic damages include:

• Pain and suffering
• Mental pain and anguish
• Loss of enjoyment of life
• Loss of consortium or relationship

Determining appropriate non-economic damages in an injury case is complex.

 Truck Accident Lawyers at Lipsitz, Ponterio & Comerford, LLC

For the highest quality legal representation in Syracuse, Rochester, and Buffalo, NY, contact the law firm of Lipsitz, Ponterio & Comerford, LLC. Our experienced legal team has the skills necessary to fight effectively for your best interests.

Do not let negligent trucking companies, drivers, or insurance providers deny you the money that is rightfully yours. When you are injured because of another party’s negligence, you deserve justice.

If you or a loved one has been injured in a truck accident, please contact us for a free and confidential evaluation.