Powers & Santola, LLP

One of the most common lift truck accidents is being crushed or pinned between an object and the counterbalance. This occurs when parts are not correctly aligned, items are not secured correctly, or there is too much weight on a pallet. There are several ways to prevent these accidents from happening — including safety bars that protect operators from being crushed or pinned, proper training on how to load and unload pallets safely, checking the weight of items before placing them on a lift truck counterbalance, using automated safety products such as an alarm that sounds if something's not properly secured, and ensuring that all workers are aware of these risks. If you sustained injuries in a lift truck accident, an Albany Car & Truck Accident Lawyer can help you get the compensation you deserve.

Unfortunately, elder abuse, including nursing home abuse and neglect, is more common than many might think. All too often, family members or nursing home staff fail to notice serious concerns of neglect or abuse until it becomes an emergency. If your loved one has been the victim of nursing home abuse, neglect, or mistreatment, there are steps you can take to secure justice and protect them from further harm. You should report any issues that you see right away, and if your suspicions are correct, they will have a much better chance of getting better care in the future. If you have a loved one who has gone through abuse at a nursing home, contact an Albany Nursing Home Abuse Lawyer to learn more about your legal rights and get the compensation you deserve.

Trucking accidents are among the most catastrophic types of vehicle accidents. It is common for innocent victims to sustain severe injuries in these crashes. Truck drivers are held to a higher standard than most drivers, but they are also pushed to their limits to meet impossible deadlines. When truck drivers cause an accident, it is often due to negligence or recklessness. If you have been involved in a truck accident, speak with an experienced Albany Car & Truck Accident Lawyer immediately. They can help you understand your rights and advise you on the best next steps.

The law generally protects the rights of nursing home residents to live free from abuse and neglect. Although such individuals cannot care for themselves, they have a right to be safe in their place of residence. However, it can be challenging to prove that a nursing home resident was a victim of abuse or neglect. As a result, pursuing a lawsuit against a nursing home can be very challenging and sometimes impossible, even if the case appears strong. If you believe that your loved one is being abused or neglected in a nursing home, contact an Albany Nursing Home Lawyer to learn more about your legal rights.

New York is a no-fault state. That means that if you are in a crash, you will first ask your own insurance company to pay for your medical costs and other economic losses, even if you did not cause the accident.

As we transition to working remotely, we will be making every effort to answer all phone calls, however, in the event you are asked to leave a message, please do so. We will be returning all calls promptly. We encourage you to use our on-line chat capabilities or e-mail as alternative methods of reaching us during this unprecedented time. Please be safe and know that we are still fighting for our clients even in these difficult times.

Neglect involves the refusal or failure by responsible parties to provide food, shelter, health care, protection or other necessities of life to a vulnerable nursing home resident. It can be active neglect – purposely withholding care – or passive neglect, which occurs when nursing home staff who are not properly trained withhold care from a resident out of ignorance.

Should you move forward with your claim, we always push for the maximum amount of compensation possible. New York law divides personal injury damages into categories. There are economic damages, which compensate victims for financial losses resulting from an accident. Economic damages are easily quantified with documents such as bills and receipts. Victims may also be awarded non-economic damages. This is money for injuries thaaren’t as easy to add up with a calculator, such as pain and suffering or humiliation.

It is difficult to track the frequency of missed cancer diagnoses with any real certainty. Yet, many studies have been conducted to try and answer this question. For instance, one study in The American Journal of Medicine found the misdiagnosis rate to be 15 percent, while another one published in BMJ Quality and Safety estimated it to be at 28 percent. They did not investigate the rate of cancer misdiagnoses specifically, which is of particular interest, since there will be a projected 1,658,370 new cancer cases in 2015 in the U.S.

A wrongful death lawsuit can seek the recovery of “fair and just compensation” for the pecuniary injuries that the distributees have sustained due to the death. These injuries generally include the loss of support, assistance and possible inheritance. They do not include compensation for a survivor’s sorrow from the loss.

To prove medical malpractice under New York law, you need to demonstrate that: (1) one or more health care providers failed to act in accordance with accepted medical practices (breached their legal duty of care); (2) your loved one died as a result; and (3) the malpractice was a direct and substantial cause of the death.

The primary benefits of workers’ compensation are wage reimbursement, medical expenses and death benefits.

No-Fault insurance covers only losses arising from bodily injury. It does not apply to property damage. It also does not cover pain and suffering damages.

A wrongful death claim requires showing that the decedent’s death was caused by the “wrongful conduct or default” of another, which would have allowed the decedent to pursue a cause of action if he or she had not died.

In many jurisdictions, premises liability claims are based on common law classifications of the individuals entering the property. The three most widely used classifications are invitees, licensees, and trespassers.

Health care and medical professionals categorize catastrophic injuries according to the three outcomes that are often associated with them: 1. Death, after a short period of suffering; 2. Permanent, severe functional disablement; and, 3. Severe head or neck trauma not accompanied by disability.

A personal injury attorney knows how to construct your claim and fight for your compensation. A personal injury claim will need to incorporate detailed documentation and records that support you. An attorney can gather all the records and evidence that your case needs then construct a persuasive claim on your behalf. A personal injury attorney will represent you and protect you during any negotiations, working throughout the process to get you the maximum amount of compensation possible.

Construction accidents in Rochester generally are caused by the negligence of one or more of the following: Premises owners General contractors Agents of the owner or contractor. There’s no shortage of reasons why construction accidents happen. Sometimes, it’s a lack of adequate equipment needed to do the job right. Other times, it’s just a lack of following basic safety protocols. At other times, a breakdown in communication or a complete lack of proper supervision can lead to accidents. Whatever the reasons for the injury, if negligence played a role, then the injured party may be eligible for compensation.

Though the specifics may vary based upon your specific circumstances, you may be able to seek monetary damages for: Medical expenses; Lost wages and future earning capacity for the victim; Lost income and business opportunities for loved ones who must leave their regular occupation to provide care for the victim; Pain, suffering, scarring, and disfigurement; Emotional anguish; and, Losses that affect the victim’s relationships with a spouse, children, and other loved ones.

You should first consult with an experienced brain injury attorney at Powers & Santola, LLP, right away. Your lawyer will discuss the specific details of your case and will let you know what options are available to you. Your lawyer will investigate your accident, collect vital evidence and identify any and all parties that are responsible or share responsibility for the accident.Your attorney will negotiate with the responsible party’s insurance provider to pursue a settlement that will cover all of your current and future expenses.

A claim would have to prove that the product in question: Was defective by design; or Was manufactured incorrectly (not according to design standards; or Failed to contain adequate warnings or directions for proper use; or Failed to perform as advertised or described by the manufacturer.

An experienced car accident lawyer knows how other drivers’ negligence can harm you. Your injuries may be severe. Our car accident lawyers can build your claim, advocate for you, and handle every aspect of your claim from start to finish.

Here are some of the common construction accidents we handle: Falls from heights Slip and falls Electrocution Car accidents Trench collapses Crane collapses Flying objects Falling debris Power tool injuries

It is likely that you have a case, more information would be needed. Schedule a free initial consultation to discuss the details of the event.

When someone dies because of the reckless or negligent acts of another it is considered a wrongful death under New York law. Families are entitled under the law to recover financial compensation from wrongdoers to help cope with the tragic loss of a loved one.

Determining whether your medical malpractice case has merit requires an extensive review of your medical history. The process starts with our detailed interview with you. If it appears your case has merit, the next step is for a medical malpractice lawyer to obtain and review all relevant medical records. We also review relevant medical literature to determine the appropriate standard of care when the injury occurred. We retain the best and most appropriate independent medical experts available to review your file and to provide us with an objective assessment of your case. Then, we can we tell you whether you have a claim.

For a defective product injury you'll want to hire a personal injury lawyer to get a claim filed against the maker/manufacturer of that product. Also, make sure to talk to your attorney and see if a claim can also be filed against the distributor of said product.

It can be immediately or it can be a few days after the incident happened. The majority of whiplash symptoms should start to show up within 24 hours. Some of those symptoms include dizziness, trouble concentrating, muscle spasms in the neck area, and fatigue.

It can help sway an injury case as vehicle damage can help investigators piece together the puzzle when trying to determine which driver was more at fault for the accident that was caused. Small dents can help determine slow speeds during the accident while giant dents and missing parts can help show that speeds were higher during the crash.

Our dedicated lawyers help people in the upstate and western New York. We have offices located in Albany, Syracuse, and Rochester. Are you in need of help with your personal injury case? If so, contact our professional injury lawyers to get free advice on your case.

It all depends on the nature of the claim to be filed, but the statue of limitations could range anywhere from 1-6 years. Again, this is depending on the act involved. You can contact our nursing home abuse lawyers to get a better idea when you should file your claim.

If we do it! Contact our office today to speak with one of our professional lawyers.

Yes you can. But without the knowledge and expertise of a lawyer by your side, you could be loosing out a lot of compensation that you won't be able to receive.

By the way the person died and also having enough evidence to support your wrongful death claim.

A product being defective would happen because of a faulty design, was manufactured incorrectly, didn't contain the proper directions or warning for proper use, and an item failing to work as advertised or described by the manufacturer.

The child victims act is for those who suffered with being the victim of child sexual abuse here in New York. It allows them to file civil claims against their abusers up to the age of 55. The prior statute of limitations allowed for 1-5 years to bring any criminal or civil charges up for the abuser.

In the state of New York, you have 2 1/2 years from the date of the medical injury to file your claim.

Find a lawyer who handles with nursing home abuse or medical malpractice and let them handle getting a hold of the nursing home to get the information you're looking for. Nursing homes can be quite uncooperative in situations such as these.

It's hard to say it's only 1 thing that causes birth injuries but it usually comes to medical negligence or something else like the umbilical cord being wrapped around your child's neck.

It starts when you learn that the manufacturers product caused your injury. You'll have up to 3 years to file your claim for compensation.

Yes. The law states that you must purchase no fault auto insurance.

Yes. Our sexual abuse lawyers can help navigate you through your case to help get the justice you deserve!

You have 2 years from the date of death to get a claim filed.

If the negligence of your obstetrician led to a injury to your child during your delivery you should contact a medical malpractice attorney immediately so they can review your case to see what actions should be taken next.

Yes. Make sure to contact them immediately after your accident and then make sure to contact a personal injury lawyer you trust to help you out with your situation.

The claim can only be brought by the personal representative of the deceased's estate. The person can be an executor named in a will or if no executor is named then a person will be appointed by the Surrogate's Court in the county of the where the deceased last resided in.

Depending on the circumstances of your accident, you may be able to get compensation for your injury as this sounds like a slip and fall accident case. Get a hold of a trusted personal injury attorney to help with your claim.

It would be when a person being treated for medical care was being treated for the incorrect illness. For example, you may have been suffering from an illness or disease that went undetected and they diagnosed you with one thing when you actually had another disease or illness.

Yes. More information would need to be gathered and that would come from investigating and analyzing of your case. You can count on the personal injury lawyers at Powers and Santola.

Great question. Unfortunately, you would need to contact one of our professional personal injury attorneys to find out if they could assist you with your case.

You have nothing to lose when you work with our firm as we offer our services on a contingency fee basis. Which means you don't pay anything upfront.

Our personal injury attorneys have the experience to handle all types of workplace injury cases.

They do. Our nursing home abuse lawyers have the experience and expertise to help with your case. Call or visit our website today.

We do. If you or someone you know is dealing with a situation like this, please call or visit our website today to speak with a medical malpractice lawyer.

We do. Call us today to schedule an appointment to speak with one of our attorneys.

Yes we do. If you or a loved one has been affected by childhood sexual abuse, then give us a call today to setup a free case appointment to review your case.

Of course we can! Call our office today to speak with one of our experienced workplace accident lawyers.

Yes. If you've been injured due to a dangerous consumer product then contact our office to speak with one of our lawyers.

Yes. Our lawyers have extensive experience with misdiagnosis cases throughout New York. Contact our office today to set up a free case consultation.

Yes. New York State is the only state that makes all those who are in control of construction projects, the owners and contractors they hire, personally responsible for unsafe construction practices which result in injury to workers.

Yes. Visit our website and contact us today so we can review your case to see how we can help you.

It would be owner of the property where you were injured. For help with your injury case, you should visit our website to setup a case consultation.