Tragedies caused by drunk-drivers are on the rise. If a member of your family has been killed by a drunk-driver, your family needs help from an Amarillo DWI Accident Attorney and a team of experts to gather and preserve evidence. In every DWI fatality case our Amarillo DWI Accident Attorney hires a team of experts within hours of our acceptance of your case. Toxicologists, Accident Reconstructionists, Alcohol Service & Hospitality Industry Standards Experts and Economists make up most of our DWI fatality accident teams. Not all Amarillo DWI Accident Attorneys aggressively litigate like we do. We understand that police agencies are not always reliable when it comes to gathering and preserving evidence. For instance, in most criminal DWI cases the prosecutor assigned will not be concerned about proof of where the alcohol was served to the drunk-driver. It is critical that your Amarillo DWI Accident Attorney discover this information immediately through investigations. Why? Most insured bars and restaurants have security video that erase after 15-30 days. This evidence will be the best proof of the drunk-drivers demeanor prior to the accident. Black box data must be preserved by your Amarillo DWI-Accident Attorney. Witnesses need to be located and statements taken. Wrongful deaths caused by the overservice of alcohol to drunk drivers is happening everyday at many bars and restaurants in Amarillo. Why? Greed! Responsible alcohol service means lower profits. Don't remain silent on this issue! By pursuing your claim you may actually change attitudes or save a life. Our Amarillo DWI Accident Attorney understands your misery and all of the uncertainties you are attempting to confront. Let us help your family through this tragedy.
Amarillo, Texas is one of the busiest trucking crossroads in America. Local oil & gas, cattle ranching and agricultural markets have chocked I-40 and I-27 with big-rigs. Narrow Farm-To-Market roads are the most treacherous in the United States. The result has been an increase in catastrophic accidents caused by fatigued drivers, typically working too many hours, in violation of federal laws. If your family has experienced a tragedy at the hands of the trucking industry, you need an Amarillo Tractor-Trailer Accident Attorney who knows how to fight hard for your family's rights. We have been litigating tractor-trailer accident cases for 26 years and know the tricks commonly used by trucking companies: hiding evidence; destroying black box data; altering time logs. After a tractor-trailer accident, the faulty driver's employer always sends an army of investigators to the scene to gather evidence. The problem is that they rarely preserve this evidence if it hurts their case. It's very important that you hire an experienced Amarillo Tractor-Trailer Accident Attorney and begin protecting your family's rights.
Hospital Medication Errors:
Simply stated, in order for medication to work, it has to be administered properly. When Albany and Albuquerque patients do not get the medications they need, or if it is dispensed improperly, they do not get the benefits of that medication. This can lead to catastrophic injuries or even death. If you or a loved one has been injured due to the failure to administer proper amounts of medication in Albany, New York or Albuquerque, New Mexico, you may have a claim for medical malpractice. In these situations, it is critical to work with our Albany and Albuquerque medication error attorney who understands the many different legal issues involved in these types of cases.
For decades, people throughout Albany and Albuquerque have called on our medication error attorney at Quackenbush Law Firm. We know how to assist our clients to overcome the various obstacles that may stand in the way of full compensation. Medication errors can take on many forms, including:
• The failure to distribute the proper dosage of medication. Too much of a medication can lead to terrible consequences. Too little will fail to treat the underlying condition.
• Dispensing the wrong medication or medication at the wrong strength
• Dispensing the medication incorrectly (i.e. using the wrong method to distribute the medication)
Our Albany and Albuquerque medication error attorney will closely review the medical documentation at hand and work with established medical experts who can show us when a doctor or hospital staff deviated from the appropriate standard of care. At the same time we are proving your case, our New York and New Mexico medication error attorney will also compile evidence of damages. You and your family has the right to receive compensation for medical expenses, lost income, pain and suffering and mental anguish.
Once we have established both liability and damages, we will make a demand for your damages. If the opposition's insurance company is unwilling to treat you fairly, we will be ready to take your case before a judge and jury.
Call our Albany and Albuquerque medication error attorney at 855-350-4024 or chat online to set up a free, confidential case evaluation.
New York Auto Accident Attorney:
Many Albany personal injury lawsuits regarding auto accident are dismissed because the injury does not meet the minimum threshold for serious injury.
New York State law prohibits the filing of a lawsuit for non-economic injuries in a personal injury case involving a motor vehicle unless the injury is a “Serious Injury.” Non-economic injuries include pain, suffering, loss of enjoyment of life, loss of consortium, and other damages. The Insurance law §5102(d) defines serious injury as follows:
• a fracture;
• loss of a fetus;
• permanent loss of the use of a body organ, member, function, system;
• medically determined injury or impairment of a non-permanent nature which prevents the injured person form performing substantially all the material acts which constitutes such person’s usual and customary daily activities for not less than 90 days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
The questions as to whether the Plaintiff makes out a prima facie showing of “serious injury” is to be determined by the Court. Once that it met, it is for the jury to determine whether the Plaintiff in fact suffered a “serious injury.” Most of the items above are self evident. However, the law texts are full of decision highlighting the tightness with which the Courts hold to a literal reading of the statute. For example, “significant disfigurement” has been held to be a visible disfiguring scar. Therefore, a scar under the hair line or one which is not visible when wearing your customary clothing would not qualify. A “fracture” may not include a fractured tooth unless the fracture led to complications. A herniated disc without nerve compression and/or surgical intervention may not be considered a “serious injury.”
The treating physicians must be willing to supply affidavits attesting to their objective rather than subjective findings as to the limitations that the non-obvious injuries have had on the Plaintiff. “Objective” testing is a finding that is not controlled by the patient and can be verified by independent testing. “Subjective” testing is a complaint by an injured patient which is not capable of independent verification.
New York Liability Auto Insurance Laws:
New York State requests all cars to be insured with liability insurance with a minimum value of $50,000.
This means that your insurance company will protect you by paying up to $50,000 to any one person that is injured in an accident. This is the required minimum. You can and should purchase additional insurance protection at minimal additional costs.
If you injure someone, the injuries can result in a lawsuit that awards them substantially more than $50,000. Under those circumstances the insurance company will only pay up to the amount of $50,000. The additional money will come out of your pocket. It is best to have as much liability insurance as you can afford.
Automatically included in your liability policy is uninsurance and underinsurance protection of $25,000. If you are in an accident with a car that does not have insurance, then you and your passengers are covered by your insurance company. If you have purchased additional liability insurance, be certain to increase your underinsurance coverage to the same amount. This is a very good investment. It protects YOU, not the other driver. Similarly, if the other car has $50,000 of insurance coverage and your car has $75,000 of Underinsurance coverage, then once the other car’s insurance company pays $50,000, you can seek an additional $25,000 from your insurance company.
No-Fault Auto Insurance
New York State also requires all cars to be insured with no-fault insurance. No-fault insurance does not offer compensation for pain and suffering, mental anguish, loss of enjoyment of life, or wrongful death. In order to recover compensation for these non-economic losses, one must meet the above mentioned threshold for serious injury. However, no-fault benefits provide comprehensive benefits up to $50,000 for expenses that result from an injury, including:
• Medical expenses: Medical providers must file claims for doctors bills, therapy expenses, and other medical expenses within 45 days of the date of service. When asked for your insurance card, your no-fault insurance information should be given, not your health insurance information. If the medical expenses exceed the amount paid by no-fault insurance, you will not be expected to pay the difference.
• Lost Income: You must file claims for lost wages within 90 days of the motor vehicle accident that caused your injury. Wage loss compensation is income which will not exceed 80% of your total lost earnings. The maximum compensation for lost wages is currently $2,000 per month for not more than 3 years from the date of the accident.
• Other reasonable and necessary expenses: Other expense may be paid up to $25 per day for not more than one year.
• Death benefits: Although no-fault insurance does not provide wrongful death benefits, it provides death benefits of $2,000.
No-fault insurance pays your medical bills and other items such as lost wages regardless of whose fault the accident was. Your insurance company will pay your medical expenses and those of the other occupants of your car. The other car’s driver and passengers will be paid by the other driver’s insurance policy.
Insurance coverage questions are extremely technical and can make a tremendous difference in the outcome of your case. For additional information, speak with a knowledgeable New York Auto Accident Attorney at Quackenbush Law Firm. Call us at 855-350-4024 or chat live online at www.quackenbushlawfirm.com.
As a consumer, you expect the vehicle you purchase to be a reliable source of transportation. Automobiles have safety features that normally protect passengers, but if tires, air bags, seat belts, grab handles, electrical systems, gas tanks or even gas pedals are defectively designed or manufactured, serious accidents and injuries will result.
At Quackenbush Law Firm our Albany and Albuquerque vehicle defects attorney believes that companies who produce defective products should be held accountable. When serious injuries or death in Albany or Albuquerque are the result of a vehicle defect, we will work to obtain full compensation for Albany and Albuquerque victims and their families.
Manufacturers may be held liable for the following defects: electrical fires; passenger assist devices; air-bag malfunction; roll-overs; grab handles; gas tank explosions; seat or seat-belt defect; engine or fuel line issues; vehicle structure deficiency; locking mechanism and door defects; child seat malfunction or unsafe design; tire failure; and brake failure.
Our Albany and Albuquerque vehicle defect attorney is skilled and has access to the resources to determine the root cause of a vehicle accident. If your Albany or Albuquerque vehicle defect accident caused serious injuries or death, you are entitled to compensation.
You can depend on our experience and skill to obtain the compensation you deserve for pain and suffering, mental anguish, physical impairment, medical bills and lost income that follow a serious accident in Albany, New York or Albuquerque, New Mexico. Call us now at 855-350-4024 or chat live online for a free consultation.
Wrongful Death in Texas, New York and New Mexico:
For decades, the experienced lawyers at Quackenbush Law Firm have fought successfully for justice for victims of wrongful death.
Family members may be entitled to damages from the responsible party for pain and suffering, medical bills, lost wages and benefits. We thoroughly investigate your case, work with medical experts, investigators and financial professionals to determine who is responsible and obtain full compensation for your case.
Wrongful death cases result from:
• motor vehicle accidents
• medical negligence
• slip and fall or premises accidents
• nursing home abuse
• defective products
• construction site accidents
The wrongful death laws in Texas, New York and New Mexico require an experienced attorney who understands the types of damages recoverable, the limitation of those damages, and the person for whom a claim can be brought. For example, in New York the extent to which recovery can be made for the loss of a child’s life differs from the loses of a breadwinning spouse. In Texas, a parent can sue for economic losses caused by the loss of an adult child.
Our attorneys work not only to obtain just compensation for the surviving spouse and family of the victim, but do so with the compassion and understanding that should accompany the loss of a loved one. We have successfully handled wrongful death cases for families whose lives have been forever altered.
Contact Quackenbush Law Firm – call us at 855-350-4024 or chat live online for a free consultation.
Failure to Diagnose:
If you have cancer or another serious illness, time is your most critical and significant asset. If your disease is diagnosed in time, you have options. Modern medicine offers you the optimum chance for survival or cure. Unfortunately, if your disease or illness is not diagnosed in a timely manner by your Albany or Albuquerque doctors, you do not have as many treatment options.
You depend on doctors to accurately diagnose your condition the first time around. When Albany or Albuquerque doctors misread test results or fail to order appropriate tests, these actions or inactions can cost lives. If you have lost a loved one due to an Albany or Albuquerque doctor’s failure to diagnose an illness, or if you have suffered metastic disease secondary to an undiagnosed cancer, you need an experienced Albany or Albuquerque failure to diagnose attorney on your side.
People across New York and New Mexico have turned to failure to diagnose attorneys at Quackenbush Law Firm for strong legal representation in medical malpractice cases. We take on medical professionals who have breached their duty to their patients. We are able to handle every kind of case involving a hospital or physician’s failure to diagnose and treat a disease in a timely fashion, including:
• Delayed diagnosis of cancer. When cancer is not detected early, it can spread to other parts of the body and lead to death. Our Albany and Albuquerque failure to diagnose attorney serves victims of every type of cancer misdiagnosis, including breast cancer misdiagnosis.
• Medical or doctor misdiagnosis. The misdiagnosis of an illness leads to delayed and ineffective treatments. Our Albany and Albuquerque failure to diagnose attorney will hold doctors responsible for their negligence.
• Failure to diagnose and prevent a heart attack. In too many Albany and Albuquerque emergency rooms, doctors send patients home with symptoms of a heart attack. Death is usually the result. Often there is a callous failure to perform rudimentary procedures such as serial EKG and blood enzyme analysis.
• Failure to properly read X-rays and mammograms. Albany and Albuquerque radiologists are trained to read and interpret X-rays. When they make mistakes, the patient loses valuable time to combat disease like breast cancer.
• Misdiagnosis of appendicitis. Appendicitis is often misdiagnosed for less serious conditions like indigestion and flu. A delay in diagnosis can lead to severe medical complications requiring extensive medical treatment, or even wrongful death.
• Misdiagnosis of colon cancer. Colon cancer often goes undetected before it becomes life threatening. Patients exhibiting signs of colon cancer should be screened as soon as possible and treatments including cure are possible.
• Misdiagnosis of bladder cancer. When detected early, bladder cancer is often treatable. A delay in diagnosis, however, can allow the cancer to spread into the nodal system, significantly limiting the patient’s chances of survival.
• Misdiagnosis of liver cancer. Liver cancer is difficult to treat even when detected early. When doctors misdiagnose this disease, it all too often results in wrongful death.
• Misdiagnosis of esophageal cancer. Esophageal cancer is a rare but deadly form of cancer. Warning signs are difficulty swallowing and painful swallowing.
• Misdiagnosis of lung cancer. While there is no cure to lung cancer, a timely diagnosis can significantly ease symptoms and prolong life.
In every case, our Albany and Albuquerque failure to diagnose attorney will make a complete investigation of your claim and bring a lawsuit against those responsible. Our tough, aggressive approach regularly leads to favorable outcomes for our clients.
Call us at 855-350-4024 or chat online to schedule a free, confidential consultation. Our Albany, New York and Albuquerque, New Mexico failure to diagnose attorney represents clients on a contingency fee basis, meaning we charge you nothing if there is no financial recovery.
CSX Train Derailment – Fonda, NY:
In June, 2013, two freight trains carrying diesel fuel collided and derailed near Fonda, New York. The 4 locomotives and 45 freight cars that derailed tore-up the adjacent road (Route 5) and spilled hazardous diesel fuel. The derailment caused Route 5 to be closed until November, 2013. Property owners and businesses throughout Fulton and Montgomery County have suffered millions of dollars in damages for: property contamination; ground water contamination; business interruption; decreased revenues; delayed deliveries and shipments; increased transportation costs. If you or your business has suffered a loss because of CSX’s admitted negligence, please contact our Albany, New York CSX train crash attorney at 855-350-4024 or chat online now for a free consultation. Your time for making a claim is limited, so you must act now to be compensated.
Improper medical care or medical negligence in Albany, New York or Albuquerque, New Mexico during childbirth may cause physical harm to the mother of the child or both. This type of injury is known as a birth injury. Our Albany and Albuquerque birth injury attorney is trained to evaluate your child’s medical records to detect medical or nursing errors. Some common birth injuries include: cerebral palsy (CP); Erb’s palsy and other nerve injuries; brain injuries; spinal injuries; broken bones; and brachial plexus injuries.
Damage to the brain is one of the leading causes of cerebral palsy. This can be caused by lack of oxygen or damage to one or more parts of the brain. Symptoms can range from mild to a life spent in a wheelchair, with the need for 24/7 care.
An example of birth injury to the nerves is Erb’s Palsy, affecting the brachial plexus network of the nerves on each side of the upper body. The plexus controls movement and feeling in the shoulder, arm and hand. Symptoms are numbness, weakness, and paralysis on whichever arm is damaged.
The most tragic form of birth injury is the one that could have been prevented by proper care before, during and after labor and delivery. Albuquerque and Albany birth injuries can be caused by improper medical care. You can speak with our Albany and Albuquerque birth injury attorney by calling 855-350-4024 or chat live online to receive a free consultation. If negligence is found, a settlement or judgment can help you and your family with the ongoing costs of care.
Scaffolding Accidents In Albany, New York:
Scaffolding is an important part of the construction industry and New York scaffolding laws have been in place since the late 1800’s. Solid and safe scaffolding allows workers access to areas at a height to perform the jobs required of them. Scaffold and ladder injuries occur when equipment fails or safety procedures aren’t in place. For injuries that could have been prevented with proper equipment, safety policies and procedures or regular maintenance, contact our experienced Albany, New York scaffold accident attorney who will work to get you the compensation you deserve.
Call 855-350-4024 today to speak to our attorney, or contact us online through Live Chat for a free consultation.
Nursing Home Neglect:
If a loved one has been placed in a nursing home in Albany or Albuquerque, you expect them to receive the best possible care. Unfortunately, seniors who reside in nursing home settings do not always receive the care they require, resulting from negligence or abuse. If you or loved one has been injured, it is important to seek legal counsel immediately by calling our Albany or Albuquerque nursing home neglect attorney at 855-350-4024.
Nursing home neglect can come in many forms from staff, nurses or physicians. It can include neglect of personal hygiene, medical treatment, even emotional needs. It is important to act now if you believe that a loved one has been injured in Albany or Albuquerque due to nursing home neglect.
There are special laws in New York and New Mexico that were enacted to protect the rights of persons in a nursing home setting. Some claims resulting in compensation for residents and families result from: falls; bed sores; physical or sexual abuse; general neglect; and death.
You trusted these caregivers to provide quality care to your family. At Quackenbush Law Firm in Albany and Albuquerque we have over 26 years experience handling these cases. Our nursing home neglect attorney will provide close personal attention to you and work to obtain full compensation for your family.
Contact Quackenbush Law Firm at 855-350-4024 or chat live online for a free consultation.
Pedestrian airlifted to Albany Med after being struck in downtown crosswalk
Thursday, November 21, 2013 - Updated: 12:46 AM
CANAJOHARIE -- On Monday evening, in downtown Canajoharie, an unidentified 78-year-old male was struck by a moving vehicle while crossing the street. The man was airlifted via MedEvac Helicopter to Albany Medical Center. The extent of the man's injuries is unknown.
The driver of the vehicle in the accident, Brandon Swezey, was traveling northbound on Church St., and passed through a green light, turning left on West Main St., failing to yield the right of way to the man in the crosswalk. The accident took place at 5:42 p.m., at which time Mid County Ambulance transported the injured man to the Dutchtown Plaza, Palatine Bridge, where the MedEvac Helicopter picked him up shortly thereafter.
Swezey was issued tickets for having a suspended license and failing to yield the right of way. He was arraigned in front of Judge Myers and released on $500 cash bail.
-- Joshua Thomas
Man killed by NY state troopers in Rensselaer County was Unarmed
November 18, 2013- Latham, NY
On November 17, 2013 at approximately 5:38 PM the Rensselaer County Sheriff’s Office responded to a 911 call of a domestic incident in the town of Berlin.
It was reported that Steven J. Bell, 38 years old, had left the residence where the domestic incident occurred armed with a rifle from which he had discharged a round.
Responding patrols, from the Rensselaer County Sheriff’s Office, the New York State Department of Environmental Conservation Police and the New York State Police responded in an effort to locate Mr. Bell.
At approximately 6:30PM the subject’s vehicle was located unoccupied in the Berlin State Forest park. No weapons were observed in the vehicle, but 7 MM ammunition was observed within the vehicle.
The responding police officer’s began to locate Mr. Bell, aided with DEC night vision goggles. The subject was eventually observed approaching the police members. He disregarded all commands to stop and to show his hands and made threatening statements and motioned as if he was bringing a weapon up.
Troopers, believing the use of deadly physical force against them and others was imminent, responded by discharging rounds from an issued patrol rifle and an issued Glock handgun. Mr. Bell was struck and went to the ground. He was immediately rendered first aid by the officer’s on the scene, but succumbed to his injuries.
At this time the investigation is continuing. The New York State Police Forensic Identification Unit is continuing to process the scene in its totality, to include locating the subject’s weapon and the New York State Police Internal Affairs Bureau is also conducting a concurrent investigation.
An autopsy will be performed this afternoon by Doctor Sikirica.
Officials present at the press conference included State Police BCI Captain Scott Coburn and Zone 1 Commander Captain Joseph Flagler along with Rensselaer County Sherriff Captain Derrick Pyle.
Posted: 11/18/13, 2:05 PM EST | Updated: 9 hrs ago
New York State Police investigators prepare Monday to investigate the Sunday night shooting of Steven Bell off Cowdry Hollow Road in Berlin. Mike McMahon— The Record
A 38-year-old town resident was shot and killed by state troopers after making threatening statements to authorities Sunday.
Authorities had been searching for the man, who was initially involved in a domestic dispute earlier in the evening where he had discharged his rifle. His gun was not found at the scene where he was shot, New York State Police said Monday.
Rensselaer County sheriff's deputies were initially dispatched to the residence of Steven J. Bell at around 5:30 p.m. Sunday. Bell, who police said was arrested twice before, allegedly fired his rifle at his home and then fled the scene with the gun. His family was uninjured.
Authorities with the state Department of Environmental Conservation, New York State Police and Rensselaer County Sheriff's Department found Bell's vehicle unoccupied at around 6:30 p.m. in Berlin State Forest. Inside the vehicle, officers did not see a gun but did observe 7mm ammunition, according to New York State Police BCI Capt. Scott Coburn.
Aided by DEC-provided night vision goggles, a total of about eight officials started to search for Bell in the forest. He was found walking toward the group, disregarding commands to stop and not showing his hands as requested. Instead, he made "threatening statements" and continued to approach the group, Coburn said.
Officers saw Bell moving his hands in a way that suggested he had a gun and, believing Bell would use deadly force, two troopers shot at Bell. They were using aa handgun and a rifle, Coburn continued.
Bell was given first aid at the scene but succumbed to his wounds. It is unclear where he was shot.
Bell's rifle has not yet been found at the scene of the shooting in the forest, officers said.
Police said he has two prior arrests, with the latest a pending case. Details were not given about these arrests nor about the domestic dispute, but it was noted that there were a number of domestic disputes at his home in Berlin with at least one other family member.
The New York State Police Forensic Identification Unit is continuing to process the scene.
It is unclear if Bell was intoxicated or impaired during the incident, police said. An autopsy was scheduled for Monday afternoon.
The investigation into the incident last night is ongoing and internal affairs is also investigating, according to State Police.
The two officers who discharged their guns are on desk duty, which is protocol, according to Mark Cepiel, spokesman for the State Police.
Contact Quackenbush Law Firm at 855-350-4024 or chat live online for a free consultation about your excessive force, civil rights, wrongful death case.