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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Category: Personal Injury Law

McGuire & Pelaez, Suffolk County (Long Island) personal injury attorneys, discuss common personal injury questions about claims, compensation, lawsuits and more.

Deck Collapse Injures Two During Party

Two people were injured when a deck collapsed during a house party in East Setauket. CBS News reported that 400 people — mostly students at Stony Brook University — attended a party at the house to celebrate “move-in day.” It was estimated that as many as 50 people were on the 10-foot-high deck when it collapsed on August 26, 2016, at 11 p.m.

Of the two who were injured, one had a broken leg and the other suffered abrasions. Police were called to the scene after a neighbor complained about the noise and the number of cars parked in front of the house.

Continue reading “Deck Collapse Injures Two During Party”

Car Crash Occurs at Same Intersection Where Fatal Limousine Accident Took Place

The Suffolk Times reported that three people were hospitalized after their car was rear-ended by another vehicle at the intersection of County Road 48 and Depot Lane in Cutchogue. The site of the crash was also the same place where a fatal limousine accident occurred last year.

According to the article, a 23-year-old man driving a 2005 Nissan was heading westbound on CR 48 on July 31, 2016, at approximately 6PM, when he was hit from behind a 19-year-old driving a 2013 Nissan. Three passengers in the second vehicle suffered minor injuries and were treated at Eastern Long Island Hospital. No charges were filed.

Continue reading “Car Crash Occurs at Same Intersection Where Fatal Limousine Accident Took Place”

Construction Worker in Critical Condition after Toxic Fumes

Dangerous fumes at a Midtown renovation site caused three construction workers to fall ill on February 24, 2016.  According to a New York Fire Department spokesperson, one of the workers is in critical condition and was rushed to Bellevue Hospital.  The other two construction workers suffered minor injuries.

Continue reading “Construction Worker in Critical Condition after Toxic Fumes”

Couple Alleges Abusive Treatment of Daughter at Daycare

Recently, a Long Island couple has filed a notice of claims against several agencies due to the abuse their 21 month old daughter endured at a daycare facility.  The couple has notified the Southampton Town authorities, Suffolk County Child Protective Services, The New York State Office of Children and Family Services, and the New York State Board of Regents.  The complaint alleges that their child had been “yanked out” of a high chair, slammed into a crib, and forcibly fed until she vomited.  Two employees have since been terminated and arrested due to this and other instances of abuse that had gone unaddressed by the facility’s owner.

Continue reading “Couple Alleges Abusive Treatment of Daughter at Daycare”

School District Slammed with $12 Million Lawsuit for Staph Infection to Wrestling Team

Recently, a Long Island High School was slammed with a $12 million lawsuit due to an outbreak of a staph infection that affected five students on the district’s wrestling team last January. The suit alleges negligence on the grounds that the wrestling mats used by the team had not been replaced in seven years, and were not disinfected properly to protect the students from illness.

Additionally, the suit alleges that parents of the wrestlers were not given proper notice regarding the infections. Although generally curable with antibiotics, staph infections can be fatal if not properly treated, depending on the strain. In this case, the bacterial strain was MRSA- an infection leading to 11,285 deaths a year, according to the Center for Disease Control.

Continue reading “School District Slammed with $12 Million Lawsuit for Staph Infection to Wrestling Team”

Arts and Crafts Safety

Now that the school year is in full swing, many children will be participating in various arts and crafts projects both during and after school hours.  These projects are fun and educational for children, but it is important that parents stay vigilant about safety.

Continue reading “Arts and Crafts Safety”

Anchor It! Campaign Raises Awareness of Furniture Tip-Over Deaths and Injuries

According to national statistics, a person is injured by furniture that has tipped over every 15 minutes.  38,000 Americans visit the emergency room each year due to furniture or TVs that have fallen on them.  Children are especially at risk as they are likely to climb on furniture and use the home as a playground.  In fact, most of the injuries sustained by furniture tip-overs involve children, and can even result in death.  Sadly, every two weeks a child dies due to a furniture tip-over.  These accidents are entirely preventable by anchoring furniture in place. Continue reading “Anchor It! Campaign Raises Awareness of Furniture Tip-Over Deaths and Injuries”

Trampoline Park Injuries Increase as More Trampoline Parks Are Built

Nationwide, trampoline parks are becoming more popular.  While these facilities are a fun way for children and adults to get exercise, millions have been injured.

While trampoline parks are a new novelty, they are an unregulated but quickly growing industry.  Many of the injuries that occur on trampolines result from collisions, landing the wrong way, or landing on the frame.  Many of these injuries are preventable by following basic safety precautions.

Continue reading “Trampoline Park Injuries Increase as More Trampoline Parks Are Built”

What Does “Assumption of the Risk” Mean?

The legal defense “Assumption of the Risk” describes a participant’s involvement in a potentially risky activity.  One example involves a sport or recreational activity.  When the participant consents to take part in such an activity, legally they are sometimes assuming responsibility for the common risks associated with the activity. For example, a football player assumes the risks of suffering bodily harm on the football field because the sport involves constant physical contact with other players.

Motocross, another potentially dangerous sport, consists of motorcycle drivers on a track with hills, jumps, and obstacles. In a 2011 incident, a motocross participant was injured at the Long Island Motocross track in Yaphank, New York. The defendant (owner of the racetrack) argued that the plaintiff assumed the risk of injuries suffered in the motocross race. The plaintiff argued that the poor condition of the racetrack increased the risks associated with the sport and ultimately caused his injury. Continue reading “What Does “Assumption of the Risk” Mean?”

Does Past Medical History Matter in a Personal Injury Claim?

When you suffer a personal injury an insurance company will generally do an initial evaluation of your claim.  In this initial evaluation, the insurance company looks for a way to lessen your potential award for damages.

The first thing most insurance companies examine is generally the nature and severity of your injury.  Often, they will try to prove that it was caused by or affected by a pre-existing medical condition. As such, insurance companies will scour your medical history looking for any previous injuries similar to the one you just suffered. If they can prove that your pre-existing condition contributed to your current injury, your recoverable damages may be lowered.

The fact that you sustained similar injuries in the past, does not mean that you can no longer recover damages for your present injury. Generally you will be given a chance to explain your medical history to the court.  Your personal injury attorney may also choose to employ the assistance of expert medical witness, such as a physician or psychologist, to explain how your medical history is not related to your new injuries. Continue reading “Does Past Medical History Matter in a Personal Injury Claim?”

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