New York Court Rules On Pain and Suffering Following Stillbirth.

by Friedman & Ranzenhofer, PC on October 7, 2011

in Buffalo Injury Questions and Answers

For many years, Buffalo mothers whose child was stillborn as a result of medical malpractice could not recover any compensation for the emotional anguish of suffering a stillbirth.  In 2004, the New York State Court of Appeals overruled this longstanding rule, finding it unfair that a woman who lost a baby had no legal recourse unless she was physically harmed.  Although it has taken years, verdicts regarding the financial compensation due a mother in this situation are now being rendered – and appealed – in New York courts.

These current cases are important because they will strongly influence the amount of damages that will be placed on emotional suffering in future cases.  Based on the lawsuit that has been appealed, the value in such cases may be significant. 

The plaintiff in that case, Lucia Ferreira, had been to the hospital three times complaining of abdominal pain.  She was given painkillers and sent home.  Her baby was stillborn.  A one million dollar verdict was rendered against Wyckoff Heights Medical Center, and this amount of compensation was upheld on appeal.

If you have been the victim of medical malpractice, we would be happy to answer your questions.  Please feel free to call us at 716-542-5444.

{ 0 comments }

Is There Any Way To Speed Along A Personal Injury Lawsuit For The Terminally Ill?

by Friedman & Ranzenhofer, PC on October 5, 2011

in Buffalo Injury Questions and Answers

Personal injury lawsuits have developed a bad reputation for proceeding at a notoriously slow pace.  While the slow pace of some cases can be frustrating for everyone, it can be especially problematical when a Buffalo resident is terminally ill and may not live to see the outcome of the matter.  Fortunately, when the terminal illness is alleged to have been caused by the conduct of a defendant in the lawsuit, New York State law does provide some relief for the victim. 

Section 3407 of the Civil Procedure Law and Rules allows a party to a personal injury lawsuit to request an expedited preliminary conference before the court under such circumstances.  The request for an expedited hearing must be accompanied by a physician’s affidavit stating that the party is terminally ill, the nature of the terminal illness, and the duration of life expectancy, if known. The court is required to hold a preliminary conference within twenty days after the filing of such a request. 

At the preliminary conference an expedited schedule will be established for completing all discovery necessary in the case within 90 days, unless good cause can be shown for extending this time period.  The court also shall order at the conference that the case is to receive preference for trial scheduling and that the trial must commence within one year of the issuance of the order.  This trial date may be further modified based on the circumstances of the case. 

If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444. 

{ 0 comments }

Is The Defense’s Expert Going To Be Able To Say Anything He Wants?

by Friedman & Ranzenhofer, PC on October 4, 2011

in Buffalo Car Accidents

As experienced Buffalo personal injury attorneys, we are aware of the manner in which the presentation of expert testimony has evolved over the years.  Generally, there has been a move towards trying to make such testimony clearer for a jury to understand without the expert having to present a lot of underlying information regarding, for example, the science behind an opinion.  While the goal of having a jury understand testimony is a correct one, this trend has also broadened the ability of an expert to present a weak opinion without first having to establish a sound basis for it.

The Civil Practice Law and Rules section 4515 states that unless the court orders otherwise, questions calling for the opinion of an expert witness need not be hypothetical in form, and the witness may state his opinion and reasons without first specifying the data upon which it is based.  Upon cross-examination, he may be required to specify the data and other criteria supporting the opinion.

As a result, a competent personal injury attorney may be able to develop the weakness of a defense expert’s opinion upon cross-examination.  That opinion, however, will already have been heard by the jury. 

In rare cases where the basis for the expert’s opinion has obvious flaws, a personal injury attorney may be able to have the expert kept from testifying by requesting that the Court conduct a hearing regarding the admissibility of the testimony prior to the jury hearing it.

If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.

{ 0 comments }

Target Recalls Defective Step Stools.

by Friedman & Ranzenhofer, PC on September 30, 2011

in Buffalo Defective Products - Product Liability

Buffalo residents who have purchased a step stool from Target Stores – either in store or from their website – should be aware that the store has issued two recalls of step stools in the last two month dues to concerns about their collapsing, potentially leading to serious injury.

On August 4, 2011, Target recalled 206,000 storage step stools.  A second recall on August 23, 2011 involved an additional 341,000 stools.  According to the U.S. Consumer Product Safety Commission, there have been 27 reports of the stools collapsing or otherwise breaking, leading to injury to eight adults and fourteen children.  The injuries included a pelvis fracture to one individual and two other individuals suffering broken arms.

The recalled stools are wooden and were sold under the Circo and Do Your Room brand names between January of 2007 and October of 2010.  If you own one of these stools, please stop using it immediately.  You may either return the stool to any Target store or call 1-800-440-0680 for a full refund.

Hopefully, this recall will help avert future injuries.  If you have suffered an injury due to a defective product, please feel free to call us at 716-542-5444.  We would be happy to help you.

{ 0 comments }

Can One Of My Doctors Testify Regarding A Condition He Did Not Treat?

by Friedman & Ranzenhofer, PC on September 28, 2011

in Buffalo Injury Questions and Answers

Buffalo personal injury lawsuits frequently involve multiple injuries to different parts of the body. As medical treatment has become extremely specialized, various injuries will often be treated by different treatment providers who have developed an expertise in a specific area of treatment.

When a medical providers testimony is needed, for example, at trial, most personal injury lawyers usually find it preferable to have the provider who actually performed treatment testify regarding the treatment they rendered. In many cases, however, it is not possible or practical to have all of the treatment providers testify. Certain doctors may not be available, or the sheer expense of paying all of the doctors to take time to appear in court may make it impractical to use all of them.

In such cases, it is possible to have one of the doctors who are testifying provide information regarding treatment by other providers based on their review of the medical records and their interaction with the injured person. If the defense challenges the propriety of such testimony, a determination regarding this issue may be made by the court regarding whether the physician’s general knowledge is sufficient to render an expert opinion. When this is allowed by the court in a personal injury lawsuit however, the jury may give less weight to the doctor’s opinion because he or she did not actually provide the discussed treatment and is discussing an area outside of his or her specialized field.

{ 0 comments }

Have You Or A Family Member Been Injured In An Accident In The Buffalo Area?

by Friedman & Ranzenhofer, PC on September 27, 2011

in Buffalo Injury Questions and Answers

Are you concerned about what will this mean to you and your family.

What’s going to happen if you can’t pay the bills?

If you can’t work, will you lose your job?

If you need answers to these questions, why not pick up the phone and contact me.

My name is Mike Ranzenhofer, and I’m a Buffalo Injury Lawyer. And for more than 22 years, I’ve been assisting the residents of Buffalo and Western, New York after they’ve been seriously injured in an accident.

If you’ve been involved in an accident, and have been injured by the negligence of someone else or even a business, there are two thing you really should do.

One, document exactly what happened.  Note the date and time, the names and addresses of all parties’ involved.

And secondly, as soon as you are able, please contact an Injury Attorney in Buffalo….before the Insurance Company representing the other party begins the process of aggressively defending the individual or business that caused the injury to your or a family member.

If you think about it, it kind of makes sense. If the person or business has professionals representing them (their insurance company)….shouldn’t you?

And when it’s time to contact an attorney, I’d like to be the one you call. Here’s why…..

For years, my sole focus has been helping accident victims secure the maximum benefits they are entitled to in order to protect them, and their families.

And I am very good at what I do.

These are the promises I will make to you:

  • Promptly return calls
  • Communicate in easy to understand language
  • Protect the legal rights of your and your family while accommodating your needs during this stressful time
  • Keep you abreast of the progress I am making on your behalf
  • Provide the personal attention to detail that Friedman & Ranzenhofer, PC has been noted for since 1955

While you’re here, why don’t you look over to the right where you’ll see a search box. Go ahead and type in a question you have. I have hundreds of detailed answers on this website and it’s likely I can help you a little right now.

If I don’t have your answer here, or you just want to get answers from an experienced attorney on the phone, please call me at 716-631-9999 or 800-729-4571 for a FREE consultation.

I’ll answer your questions, probably ask you a few as well, and then you’ll have a better idea of what your real options are.

Injury & Accident Areas I Can Help With

{ 0 comments }

Can A Mistake By The Doctor Cause An Infant To Have Erb’s Palsy?

by Friedman & Ranzenhofer, PC on September 26, 2011

in Buffalo Injury Questions and Answers

Injuries to children are among the most emotionally difficult cases handled by Buffalo personal injury attorneys.  No doctor sets out with the goal of injury a patient’s baby, but they do occasionally make mistakes that lead to a birth injury.  Erb’s Palsy is among the more common injuries that can arise from a mistake in the birthing process.

Erb’s Palsy is an injury to the nerves that control and supply the muscles of the shoulder and upper extremities (the upper brachial plexus).  If a baby’s shoulder becomes stuck at the mother’s pelvic bone during childbirth (shoulder dystocia), there are several methods that may be used to dislodge the infant.  These include applying traction to the head in an attempt to dislodge the shoulder.  Applying too much traction while the shoulder remains stuck can result in damage to the nerves in the neck that provide motor control to the shoulder and arm.

While the degree of this injury can vary greatly, it usually leads to some degree of muscle paralysis in the affected limb.  Some infants may have no muscle control or feeling in the entire arm.  Others may be able to control the upper arm but have little control below the wrist, or even be able to use the hand but have no control over the upper arm.

Serious cases of Erb’s Palsy may require surgical intervention.  Even in less serious cases, children with this condition may require physical therapy to help them increase range of movement and attempt to develop at least partial use of the affected arm.  Nerves heal slowly, and it can take years before the infant recovers from the trauma.  In many cases, the limb will always remain weak and have reduced range of motion.

If your child has suffered a birth injury, we are available to answer any questions regarding your rights.  Please call us at 716-542-5444.

{ 0 comments }

Why Is My Life Expectancy An Issue In My Personal Injury Lawsuit?

by Friedman & Ranzenhofer, PC on September 21, 2011

in Buffalo Injury Questions and Answers

While some Buffalo personal injury lawsuits involve injuries from which the plaintiff will eventually fully recover without long term effects, other cases involve injuries that are permanent.  When this happens, both the degree of the injury and the age of the victim may play an important role in the amount of damages.

Usually, the parties will examine two issues when arguing the amount of damages in such cases:  how long the injured person is expected to live (and therefore endure the pain and suffering associated with the injury), and how long the injured person would have remained in the workforce if not injured. 

This second factor becomes especially important if the injured person is unable to work or is expected to have a reduced working life because of the effect of the injuries as he or she ages.  Under such circumstances, the plaintiff may make a claim for future lost wages.  If a younger person is rendered incapable of working, this future claim for future lost wages may be very high.

If you have suffered a personal injury and need advice, please feel free to call us at 716-542-5444.

{ 0 comments }

Is There A Cap On How Much I Can Recover In A Wrongful Death Lawsuit?

by Friedman & Ranzenhofer, PC on September 19, 2011

in Buffalo Wrongful Death Issues

The purpose of a Buffalo wrongful death lawsuit is to ensure the surviving parties are compensated for their loss.  While no amount of money can replace a loved one, there are some specific areas – such as lost income to the household – where a cap on recovery may cause undue hardship to the decedent’s family.

As a result, under most circumstances there is no actual cap on how much the survivors can recover following a wrongful death.  Also, section 5-4.3 of the Estates, Powers and Trusts Law provides that in addition to the types of damages permissible under the law, “the reasonable expenses of medical aid, nursing and attention incident to the injury causing death and the reasonable funeral expenses of the decedent paid by the distributees [of the decedent’s estate], or for the payment of which any distributee is responsible, shall also be proper elements of damage.  Interest upon the principal sum recovered by the plaintiff from the date of the decedent’s death shall be added to and be a part of the total sum awarded.”

Moreover, the law provides that if a wrongful death was caused by the reckless or intentional conduct of the defendant, the survivors are entitled to punitive damages just as they would be in a personal injury lawsuit.  Punitive damages are awarded to the survivors for the purpose of punishing the defendant for his or her conduct and are over and above other damages such as reimbursement of medical expenses or lost income.

{ 0 comments }

How Long Does A Family Member Have To Bring A Wrongful Death Claim?

by Friedman & Ranzenhofer, PC on September 16, 2011

in Buffalo Wrongful Death Issues

Nearly all matters handled by Buffalo personal injury attorneys are limited by a statute of limitations that bars a claim being brought after a certain amount of time has passed.  The statute of limitations is not the same for all types of claims and may vary depending upon the circumstances of the case.  Moreover, each state has its own rules regarding the statute of limitations and, as a result, an action that could be commenced in one state several years after an injury or death may be time-barred in another state.

The statute of limitations for most claims involving wrongful death is set forth in section 5-4.1 of the Estates, Powers and Trusts Law.  This law requires that in most cases, a claim for wrongful death be filed within two years of the decedent’s passing.  This is shorter than the typical three year statute of limitations for personal injury cases in New York State.

While there are exceptions to this two year rule, the one most likely to apply in most wrongful death cases is set forth in the same statute.  If a criminal action has been commenced against the individual who caused the wrongful death, a civil claim for wrongful death does not have to be filed with a court until one year after the criminal action has terminated, even if this extends the timeframe for filing beyond two years.  The purpose of this law is to ensure that the pursuit of the civil action does not interfere with the criminal case.

If a member of your family has suffered a wrongful death and you have any questions, please feel free to call us 716-542-5444.  We would be happy to help you.

{ 0 comments }

← Previous Entries

Next Entries →