The Injury/Product News GUIDE:

National Injury Law Firm Acquires Airplane To Help Clients Access Better Medical Care.

2019-11-05T13:49:00.000-05:00

BUTTAFUOCO and ASSOCIATES recently acquired their second airplane with a longer distance and better weather capability.

This aircraft will be used to cover cases, clients and courts in the entire state of NY, the Tri State area and as far as Maryland for representing clients in serious personal INJURY CASES, including ACCIDENTS and Medical MALPRACTICE.

In some cases, the aircraft is utilized to shuttle clients to medical professionals they could not otherwise access.

This is a welcome addition to the resources of the firm.

How to check that you have the right type of insurance

2019-03-07T12:43:00.001-05:00

SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE

Every auto policy with Liability Coverage includes protection at minimum bodily injury limits of $25,000 per person/$50,000 per accident for you and your passengers in the event of bodily injury sustained in an accident in the State of New York for which an unidentified or uninsured driver (i.e., stolen car, hit and run, policy cancelled) is legally liable. As additional protection, Supplementary Uninsured/Underinsured Motorists (SUM) Coverage is available. It provides protection for both in- state and out-of-state accidents.

SUM coverage may be carried with limits up to the bodily injury limits you have chosen. Below is a list of the limits that are typically available.

SUM Coverage Limits
Per Person/Per Accident

$ 25,000/$ 50,000- Not recommended.
$ 50,000/$100,000- Not recommended.
$100,000/$300,000- The least you should have.
$250,000/$500,000- Strongly recommended.

Visit www.1800NowHurt.com for more information.

Message from Daniel Buttafuoco

2019-02-04T12:44:00.000-05:00

Trying to find the right injury lawyer is very difficult. Everyone says they can handle your case but most are not really qualified. Many advertising claims, even by lawyers, are not legitimate. We know this for a fact because we have seen it. Most accident lawyers are not "board certified."

OUR MAIN OFFICE IS IN NEW YORK. But we are a NATIONAL LAW FIRM of accomplished trial lawyers who handle these types of cases in EVERY STATE. We have some of the highest verdicts and settlements in legal history. We have expertise in this field. In fact, our founder, Daniel Buttafuoco, wrote the test for The National Board of Trial Advocacy in 1990.

Did you know we recently settled the FOURTH largest case in Illinois history.

Your recent accident requires representation by a top trial lawyer who is an expert in the field of accident and injuries. You would want a lawyer with lots of experience in getting top dollar in this type of case. You also want one who is ethical and honest. AND you want someone aggressively fighting for you who is sensitive to your needs. That is us!

Buttafuoco and Associates: "We help injury victims rebuild their lives."

On track to settle our 200th million dollar case by the year 2025

2019-01-21T12:51:00.000-05:00

Buttafuoco and Associates continue to be leaders in the field of personal injury law and medical malpractice cases. Recently they achieved their 112th settlement that was ONE MILLION DOLLARS or more. This means they are part of that group of very elite firms that has settled more than 100 cases for a million dollars or more. This last case was a medical malpractice death case in a Midwest state which settled after protracted litigation.

Presently they are on track to settle their 200th million dollar case by the year 2025! If the pace continues it could be sooner.

With cases pending in over 15 states, the law firm is a national law firm that handles serious injury cases and malpractice cases all over the United States.

If you or a loved one has a possible case involving serious injury or death in any of the 50 states, please call our 800 number today (800) 669-4878.

Buttafuoco and Associates: "We help injury victims rebuild their lives."

Message from Daniel Buttafuoco

2019-01-07T12:48:00.000-05:00

Daniel Buttafuoco here of Buttafuoco & Associates praying and wishing you a safe and accident free week.

Sadly accidents and malpractice do occur and when they do they come suddenly and disrupt lives. We are here if you need us.

If you, a Church member, family or loved one needs quality, caring, high-end legal assistance in any serious injury, car accident, construction accident, workplace accident, any type of injury or medical malpractice...you know where to find us.
By God's grace, may you never need us.

Should Christians Sue for Personal Injuries?

2018-02-15T11:45:00.000-05:00

It's October 29, 2012. You and your family heeded government warnings and evacuated your home on the South shore of Long Island, New York. Hurricane Sandy is ravaging the coast, and you can do nothing but wait for it to end.

The next day you return to your home, hoping it is still standing. As you enter the front door, you initially notice that the floor is covered with sand and debris. Water stains mark each wall, parallel to the ground at about three feet high. Everything on your first floor is destroyed, along with major damage to your home's exterior. Your cars are totaled.

But, you are a Christian, and you keep things in their proper perspective. You think, "Thank God that my family is OK", and then, "Thank God that I have insurance!" You call your insurance company to make a claim, knowing that at least you won't suffer a major financial setback.

Is this Wrong?

What were your first thoughts when reading the above story? Did you think it is a sin to make an insurance claim? Did you think, "Christians should stay out of court"? Did the above story conjure thoughts of something dishonest or dubious? No?

Then why do many Christians have these thoughts when faced with making a personal injury claim? The answer is multifaceted, but I believe predominantly stems firstly from a misinterpretation of scripture and secondly from marketing by insurance companies.

What is the Distinction?

It is perplexing that the same Christians who would unhesitantly pursue a property damage claim, refuse to make a personal injury claim. A comparison of a property damage claim and personal injury claim will reveal little distinction. Both cases begin as a claim and may end up in court. Both cases are paid out by billion dollar insurance companies, whose business is to sell insurance and pay claims. Also, neither claim will be paid personally by an individual involved in a lawsuit. Neither case will take money out of an individuals pocket nor take a family's house away.

The belief that it might be a sin or somehow displeasing to God to bring a personal injury lawsuit makes sense on the surface, because Christians are supposed to be "forgiving" and not seek revenge as "Vengeance is mine, says the Lord." Christians who accept this superficial rationale allow themselves to be twice victimized; first by the injury, and second by a misapplication of scripture.

So why is there such a stigma on Christian personal injury lawsuits?

Did Paul Say Don't Go to Court?

Perhaps the most often cited scripture against Christians using the courts is 1 Corinthians 6. You may have heard that Christians should "stay out of court". A careful reading of this passage reveals that this interpretation is in error. 1 Corinthians 6:1-2 states:

If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? (1 Corinthians 6:1-2 Emphasis added)

Paul specifically mentions "trivial" cases. This statement about trivial cases is the backdrop for 1 Corinthians 6. Paul is pleading with the Corinthians to keep their trivial matters out of court. This is not a blanket prohibition against using the court system. Also, an injury to one's body is never trivial! In fact, your body, as the Temple of the Holy Spirit and made in the image of God, is more infinitely valuable than any property and infinitely more deserving of protections offered by society.

Disputes Against a Brother

Paul goes on to state:

Is it possible that there is nobody among you wise enough to judge a dispute between believers? (1 Corinthians 6:5b emphasis added)

1 Corinthians 6 is clearly written for disputes amongst believers. It does not state that a believer should not sue a nonbeliever. This would make no sense since a non-believer would not submit to the "Lord's people" for adjudication of a matter.

Roman Courts

Paul did not want Christians suing Christians where a Roman jail might be involved. Roman justice was very harsh and favored the rich and powerful. This is absolutely not the case in the modern day personal injury case. The injured party is never in the superior position, as the insurance companies have an inexhaustible supply of money and thousands of attorneys on their side.

Modern civil disputes, specifically for serious personal injuries must use the courts as there is no other way to proceed. A modern day lawsuit is nothing more than a dispute resolution system provided for by your tax dollars to uphold the rule of law. Civil lawsuits protect society by acting as a deterrence to bad conduct. To protect people, the government has set up a civil court system whereby private citizens can resolve disputes with other private citizens and insurance companies when they have a significant injury inflicted upon them. In failing to pursue a personal injury claim, one may unwittingly permit the offending party to inflict injury on other members of the public.

This brings to mind a recent case handled by my office. My client, I'll call him Tom, was biking, when a woman in a car ran a stop sign and collided with Tom. He landed about 12 feet away and sustained serious injuries. The defendant in this case then fled the scene of the accident, but only after she stopped, saw exactly what she had done, and considered her options. We brought a lawsuit which not only compensated our client for his injuries, but also let the defendant's insurance company know what she did. This served to protect the public in that the defendant will likely have to carry more insurance in the future, and hopefully will more carefully consider her conduct when driving.

Old Testament Insight

God has not only allowed personal injury lawsuits but he has actually ordained them in the Scriptures. In Exodus Chapters 21 and 22 God instructs Moses on the way personal injury claims are to be handled. So, God not only is not against injury lawsuits, in fact he believes they are important enough to set up a system to deal with them.

Does this really have to do with Christianity?

While some Christians are quick to point to the Bible as a the reason why they will not bring a personal injury lawsuit, they may actually have been convinced by the insurance companies that it is wrong. For years, consumers have been inundated with propaganda from the insurance companies convincing them that every claim is illegitimate and that there is rampant fraud against the insurance companies. This is simply not true. This is actually just an attempt by insurance companies to minimize the number of claims that people make. It is a great business model for them - collect billions of dollars in premiums, and convince their customers that if they make a claim it is unscrupulous or fraudulent.

Conclusion

Does God want you to forgive someone who injures you in an accident? Yes. Does God want you to go bankrupt, lose your home, and have your family destroyed because you can no longer work after a catastrophic accident? No. A careful reading of 1 Corinthians or the Bible as a whole does not lead to the conclusion that a Christian who is run down by a drunk driver and paralyzed should not make an insurance claim.

Dashboard devices increase distracted driving - by Daniel Buttafuoco

2018-02-06T13:06:00.001-05:00

A new feature can be found in many vehicles on the market today - dashboard devices. These built-in devices allow drivers to control navigation, music, messaging, phone calls, internet, and more - just like a cell phone. While the goal of allowing drivers to keep their hands on the wheel is admirable, the evidence shows distraction doesn’t go away just because the device is hands-free. That’s because distraction doesn’t occur in the hands, it occurs in the head!

More than thirty studies have shown that hands-free devices do not make drivers safer because the brain remains distracted.“What we found is that you’re not cognitively focused on driving, but the distraction,” said Beth Mosher, spokeswoman for the American Automobile Association in Chicago. In spite of the evidence, 80% of drivers believe hands-free devices are safer than handheld.

Automakers manufacture vehicles with the features that consumers value. This does not mean these features are safe. “Automakers agree that hands on the wheel and eyes on the road continue to be critical to safe driving,” said Wade Newton, a spokesman for the Alliance of Automobile Manufacturers.“ Portable phones and navigation devices are everywhere, and consumers are using these devices in their vehicles. It’s important to discourage drivers from using portable electronics because they were never designed to be used while driving.”

This message isn’t getting out though - 53% of U.S. drivers think a hands-free device must be safe if it is built into the vehicle. These devices are wonderful in many ways and are certainly a convenience, but we must always remember that taking our attention away from the road while driving is incredibly risky.

Multiple Deaths in Amtrak Train Derailment Accident in Washington

2017-12-28T13:07:00.001-05:00

Authorities say it could take more than a year to understand how the inaugural run of the train carrying 85 passengers and crew members ended in disaster along a new 15-mile (24-kilometer) bypass route.

Friends Jim Hamre, 61, and Zack Willhoite, 35, died of brain and skull injuries. Benjamin Gran, 40, died of multiple traumatic injuries.

Whimpering in pain, bleeding from head injuries and dazed by the enormity of the crash, victims in the Amtrak train derailment south of Seattle begged 911 dispatchers for help and said "tons of people" had been hurt.

Dozens of emergency recordings released Wednesday by South Sound 911 Dispatch provided a vivid account of what happened during the deadly Dec. 18 crash.

"My abdomen hurts really bad. I don't feel good," said a crying woman identified as Angela who was bleeding from her head and wailed in panic each time she couldn't find an answer to a dispatcher's questions. "I don't know how old I am off the top of my head. I'm sorry!"

A passenger train on a newly opened Amtrak route jumped the tracks on an overpass south of Tacoma on Monday, slamming rail cars into a busy highway, killing at least three people and injuring about 100 others, officials said.

The derailment of Amtrak Train No. 501, making the inaugural run of a new service from Seattle to Portland, dropped a 132-ton locomotive in the southbound lanes of the Northwest’s busiest travel corridor, Interstate 5. Two passenger coaches also fell partly in the traffic lanes, and two other coaches were left dangling off the bridge, one of them wedged against a tractor-trailer. On the highway below lay five crumpled cars, two semi trucks and huge chunks of concrete that were ripped away from the damaged overpass.

All 12 of the train’s coaches and one of its two engines derailed. The National Transportation Safety Board said at a Monday night briefing that the train had been traveling more than twice the speed limit before it derailed, or at 80 miles per hour instead of the allowable 30 m.p.h.

Don Anderson, mayor of Lakewood, about 11 miles northeast of the crash site, said shortly after the wreck that the tragedy "could've been avoided if better choices had been made" about using the route for upgraded passenger service.

"Our community was skeptical of the project both from a financial and safety standpoint, primarily a safety standpoint," Anderson said

The mayor of a city along a new route taken by the Amtrak train that derailed in Washington state had expressed concerns about the line as long ago as 2013, court records show.

The real story behind #GoodBoyStorm dog saving a deer on Long Island

2017-07-18T13:42:00.000-04:00

From Mark Freeley: owner of the dog that saved a baby deer from drowning.

I had taken Storm and my other dog, Sarah to the beach because I had been fostering two puppies all week that were such an interruption to our own dogs’ routine that I figured my dogs needed a break. The shoreline beach in Port Jefferson Harbor is not a bathing beach, so it’s quite dog friendly. Storm was off leash and running ahead of me and at a point I notice he is charging into the water and swimming after something. I saw a small animal’s head bobbing in the water and when I got closer I realized it was a fawn. Storm gets about 100 yards out to the fawn and its head goes under a few times. Storm reaches and grabs the baby deer by the neck and starts swimming to shore!

Once he brings the fawn to shore, it just lay there at water’s edge. Storm was so excited he just stood over it as it lay there, panting. When it didn’t get up, Storm laid down next to it and started nudging it with his nose and head and then started pawing it just to get it to move.

Since Storm was a puppy, we’ve had him go through a lot of training and socialization, particularly with residents in an assisted living facility, because we were considering him becoming a therapy dog. He is very calm with all sorts of animals gets along with other dogs very well. As a matter of fact, we have a pet rabbit who hops on top of him all the time with no problem. Though he would never even retrieve a ball for me, this fawn was a different story. He sensed that the fawn was in distress and was determined to rescue it.

Mark Freeley is the managing partner at Buttafuoco & Associates.

A leading national personal injury law firm based on Long Island, NY.

For more information about Mark Freeley call 1-800-669-4878.

Daniel Buttafuoco recognized as nations Top 1% of Lawyers.

2017-07-13T13:53:00.003-04:00

Press Release

Daniel Buttafuoco, of personal injury lawyer at Buttafuoco & Associates, has been selected to the 2017 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

Bedsore Victim? FAQ's for those seeking information about Bedsore Lawsuits

2017-05-23T16:40:00.000-04:00

1) What is a bedsore and why should they be preventable?

A bedridden patient must undergo frequent regular repositioning of his/her body in order to avoid the formation of ulcers or sores that form as a result of constant pressure. These wounds are usually found on the sacrum and the heels and range in size from stage I to stage IV, stage IV being the deepest and largest type.

2) Can you sue for bedsores?

A patient may be entitled to financial compensation if they form these bed sores and suffer from the many complications that occur as a result of them. A lot of times bed sores require surgical intervention to control. They also cause serious infections which could lead to death.

3) What to do if you notice bedsores on a family member?

This a serious and well known condition that affects a patient whose ability to move themselves in the bed is compromised. The failure of the hospital or nursing home staff to frequently and regularly re-position the patient is negligence and is typically grounds to bring a medical malpractice lawsuit.

Jim McCarthy

Attorney Partner

Buttafuoco & Associates

The Top 3 Things to Look for when Hiring an Injury Lawyer

2017-05-18T08:00:00.000-04:00

1. Experience handling only accident/injury cases. The insurance companies and their lawyers know the firms that know how to properly handle accident claims, bring lawsuits, take depositions, select juries, and get big verdicts. They keep lists, and if your lawyer is not on the list it is likely to affect the value of your case.

2. Results. Have they consistently over a long period of time obtained large settlements and verdicts for their clients.

3. Reviews. What do their past clients have to say about them. Did they live up to their expectations, provide great personal service. Did they keep them updated throughout the case, keep them involved and push their case quickly?

Our firm has the experience, results and reviews to give you that confident, winning feeling. Go to www.1800nowhurt.com now to see why thousands of have chosen us to represent them.

Mark Freeley

Injury Attorney Partner

Buttafuoco & Associates

The Top Reasons to Change Personal Injury Lawyers

2017-05-17T08:00:00.000-04:00

1. All you hear is crickets from your present lawyer. They rarely if ever call you. They don't return phone calls. You never get to speak to the attorney, only a secretary.

2. You chose your present lawyer quickly without really researching how qualified they were. You picked your lawyer because they were a friend, a friend of a friend, a cousin, a friend's cousin, they did a house closing, drafted a Will, or took care of a speeding ticket. All the wrong reasons to hire a lawyer to handle your personal injury case.

3. Your file is collecting dust. They never keep you updated on the status of your case. You don't know if a lawsuit has even been filed. You don't receive copies of important paperwork to show what is happening. You feel like you have no control over what is going on. Time is passing and nothing is happening.

If this sounds familiar, the sooner you call us for a free evaluation the better. We will even check the status of your case on the court computer while we have you on the phone! Call 1-800-669-4878 or visit www.1800NowHurt.com

Mark Freeley

Injury Attorney Partner

Buttafuoco & Associates

Top 3 Reasons People are Afraid to Change Injury Lawyers

2017-05-16T13:11:00.003-04:00

1. They think they will end up paying more in legal fees...FALSE
The lawyers will SHARE the 1/3rd legal fee, so changing lawyers will NOT decrease the client's share.

2. They feel guilty or bad that the prior lawyer won't get paid...FALSE

The new lawyer will reimburse the old lawyer for all of their expenses AND share the legal fee with them based upon the amount of work the old lawyer performed.

3. They think it will delay their case...FALSE

Changing lawyers is a quick and easy process that will not delay your case.

Remember, you only have once chance to get the results that you deserve. The right lawyer makes all of the difference.

To speak with an experienced Personal Injury Lawyer call 1-800-669-4878 or visit www.1800NowHurt.com

Mark Freeley

Injury Attorney Partner
Buttafuoco & Associates

WASHINGTON LOOKING TO DO AWAY WITH YOUR RIGHT TO A JURY TRIAL

2017-03-07T16:43:00.000-05:00

Dear friends,

PLEASE READ & SHARE...VERY IMPORTANT!

As most of you know, I am a Personal Injury Attorney and have been representing people like you, me and our family and friends against insurance companies and big business for over 25 years. When insurance companies refuse to fairly compensate people for the way their lives have been changed, we have always been able to present their case to a jury for them to decide what is fair and just.

However, there is a big push in Washington under the new administration to do away with your right to a jury trial, to cap your pain, suffering and loss of quality/enjoyment of life at $250,000.00 regardless of how seriously you were injured or how severely your life has changed due to someone else's carelessness. There is a Bill pending in Congress at this very minute which will severely limit our rights and limit access to our court system when we are injured. This is the gateway to mandatory arbitration anytime you are harmed, and that system tremendously favors insurance companies and big business.

There is no basis in fact for anything they are attempting to accomplish. In states where they have imposed caps on medical malpractice recoveries insurance premiums have actually increased for doctors.

The reality is this Bill will only serve to line the pockets of big business and insurance companies. Our right to a jury trial is under attack, and the name they use for this type of law is "Tort Reform". They call it this because people think that it is will be good for them and save them money from crazy juries...that is complete nonsense. Do not be fooled, these changes will only hurt those of us who become injured and will not reduce any our insurance rates. Just so you know, almost all large jury verdicts are reduced by the Trial court and then even further reduced by the Appellate Courts. Even many not so large verdicts are reduced. You only hear about the occasional crazy verdict in the news, never about the reductions and what the person actually recovers...it is MUCH different.

These Bills are being written behind closed doors because they want to try to pass them before people like us realize what has been taken away.

Below please find the link for you to instantly send a letter to your respective representatives and senators to oppose the assault on our civil justice system. This will take you less than one minute.

PLEASE SHARE WITH EVERYONE!

Thanks so much,

Mark Freeley

Manager Partner, Buttafuoco & Associates

SIGN THE LETTER BELOW:

http://cqrcengage.com/aaj/app/onestep-write-a-letter?0&engagementId=304253

Choosing an attorney: Know what to expect.

2017-01-03T15:24:00.005-05:00

If you are looking to hire an attorney, there must be something important happening in your life. That’s why choosing the right attorney is incredibly important. You must find someone competent, experienced in the area that you need help in, and with whom you can personally connect and build trust

The best way to start your search is to get referrals from friends, Family and personal acquaintances. Once you have a name and number, call to schedule a consultation. Initial consultations are often free. When you meet, the attorney will want to know all about your case. There are also several things you will want to know about the attorney before making a hiring decision. To know what to ask about in your initial consultation, you need to know what to expect from an attorney. You should be able to expect the following if you have a good attorney.

Choosing an attorney. Know what to expect.

The attorney you will hire to represent you should be experienced and knowledgeable in the area(s) of law relevant to your case

No attorney can see the future, but they should be able to Estimate, based on experience, potential time frames, possible awards, and the relative Strength of your case

Your attorney should clearly state their fee structure. Most charge hourly flat or contingency fee. They should also be able to explain other costs that may come up during the process

If an attorney takes your case, they should be willing to go to trial and have the experience needed to win

A good attorney will keep you informed about the progress of your case. Ask how they will do this for you.

You should know who exactly you will be working on your case- the attorney you are meeting with or someone else at the firm. You should meet with whoever will be representing you.

Your attorney should be willing to pay personal attention to your case and respond to any phone calls and e-mails in a timely manner.

Any attorney who wishes to represent you should be willing to promise to respect your privacy and keep your information confidential.

Every attorney should be keeping up- to- date with changes in the law by actively continuing their education

Your attorney isn’t the only one who will have responsibilities, you do too. Your attorney should be able to tell you what these responsibilities may be

$30 Million Settlement to Brain Injured Baby

2016-07-28T14:26:00.001-04:00

Justice was served for the family of a young boy who was left permanently disabled as a result of medical negligence by a doctor who performed 25 experimental surgeries on a correctable condition. In the settlement, the family was awarded $30 Million.

This is the fourth largest medical malpractice suit for a minor in the state of Illinois, and is the largest settlement for a child born with esophageal atresia in Illinois.

The child was born in November 2009 with a leak in his esophagus and other conditions that were not life-threatening.

The suit alleged that the doctor was negligent when he performed a second operation less than a month after the first surgery to repair the leak, which had been conducted the day after the boy was born. Over the next 17 months, the doctor operated 24 more times on the baby, including placing and replacing a stent in his esophagus. In the final surgery performed at the hospital, the doctor used a suturing device to attempt to repair the esophagus, which was an inappropriate, off-label use of the device, the news release said. The doctor punctured the boy’s pulmonary artery, the suit said.

Injured in a Dodge Truck or Suv? You may be entitled to compensation...

2015-08-18T15:09:00.005-04:00

Chrysler is attempting to buy back certain 2008-12 Dodge Ram and Dakota pickup trucks as well as 2009 Dodge Durango and Chrysler Aspen SUVs because of potentially dangerous steering and axel problems. NHTSA recently fined Chrysler $70 million among other penalties as a result of these defects. If you or a loved one have been hurt in an accident in one of these vehicles, please contact us.

Are Medical Malpractice Lawsuits Driving Up Health Care Costs?

2015-03-03T15:51:00.002-05:00

Defensive Medicine: Myth or fact?

You’ve probably heard it stated as fact: the risk of crazy lawsuits is forcing doctors to practice defensive medicine, raising the cost of health care. This idea gets spread around a lot, especially during election season or when “tort” reform” is on the agenda. But is it true?

According to a new study published in The New England Journal of Medicine, the idea that defensive medicine leads to higher health care costs is not true. The study looked at data from 1997-2011 in three states that passed tort reform legislation and found that the laws did not reduce doctors’ testing behaviors and that:

“… physicians are less motivated by legal risk than they believe themselves to be. Although a practice culture of abundant caution clearly exists, it seems likely that an aversion to legal risk exists in parallel with a more general risk aversion and with other behavioral, cultural, and economic motivations that might affect decision making. When legal risk decreases, the ‘path of least resistance ‘ may still favor resource- intensive care. Our results suggest that malpractice reform may have less effect on costs than has been projected. “

Tort reform, or malpractice reform, succeeds in limiting patients’ rights, but does not seem to limit care costs.

That makes defensive medicine a myth.

HAVE YOU PURCHASED A RED BULL IN THE LAST 12 YEARS?

2015-02-24T13:14:00.005-05:00

A class- action lawsuit accusing makers of Red Bull of false advertising has been settled for $13 million. Anyone who purchased a Red Bull between January 1, 2002 and October 3, 2014 is eligible to claim a piece of the settlement. If you purchased a Red Bull during that time, go to EnergyDrinkSettlement.com to file a claim. You will receive either $15 worth of Red Bull products or $10 cash. No proof of purchase is necessary.

The DEADLINE to file a claim is MARCH 2, 2015

While it is unlikely that anyone thought drinking Red Bull would literally lead to them growing wings, the advertising was deemed deceptive because claims that the drink increases performance, concentration, and reaction speed are false.

The suit claimed that “Even though there is a lack of genuine scientific support for a claim that Red Bull branded energy drinks provide any more benefit to a consumer than a cup of coffee, the Red Bull defendants persistently and pervasively market their product as a superior source of ‘energy’ worthy of premium price over a cup of coffee or other sources of caffeine.”

Queens Construction Accident Demonstrates NY’s Safety Shortcomings

2015-02-17T16:54:00.001-05:00

Daniel A Kalish - A recent tragedy in Queens is one of the latest construction accidents in the tri-state area to highlight the dangers of construction work and hints at possible shortcomings in New York’s construction safety regulations.

A 26-year-old Queens resident and construction worker was crushed under the weight of an 18-foot high cinder block wall and its scaffolding the morning of January 10, 2011. The man was working under the scaffolding when the wall fell; his brother and two other workers were on top of the wall at the time and were able to ride the momentum of the wall down to safety, suffering injuries but surviving the collapse.

The construction project was intended to be a five-story building, the first floor having space for commercial use and the top four floors space for residents. The contractor, H. Rock Corporation, has worked on the project since being granted a permit in 2009. The corporation has received six violations at the site since it began construction, mainly for basic safety violations such as failing to post proper signage and keep machinery out of the sidewalk.

The City of New York is currently investigating the site of the accident, and has issued a stop-work order until the investigations are complete.

In the event of a workplace accident, it is important for employees to understand what they are entitled to after such an incident. The State of New York requires virtually all employers, including construction contractors, to provide workers’ compensation benefits in the event of a workplace accident that keeps the employee out of work for a period of time.

In some situations, employees who have been injured at the workplace can also file a personal injury claim to gain income in addition to any benefits that are received through workers’ compensation. To learn more about what avenues to recovery you may have, contact a New York personal injury attorney to confidentially discuss your accident.

Buttafuoco & Associates
Personal Injury Lawyers
Voted BEST LAW FIRM five years in a row!
www.1800NowHurt.com

Millions of Vehicles Recalled over Defective Air Bags

2015-02-17T16:53:00.001-05:00

Millions of Vehicles Recalled over Defective Air Bags

The National Highway Traffic Safety Administration (N.H.T.S.A) has issued a massive recall involving millions of vehicles with defective air bags. The air bags involved in the recall, manufactured by Japan's Takata Corporation, have problematic inflator mechanisms. The inflators can explode, sending metal pieces flying in the direction of vehicle occupants.

The recall includes vehicles from most of the major car companies, including General Motors, Toyota, Honda, Nissan, Mazda, Ford, Chrysler and BMW. The N.H.T.S.A has set up a Web site where consumers can enter their VIN number to find out if their vehicle is on the recall list. To check yours, go to http://vinrcl.safercar.gov/vin/.

Do you like to "Tell-A-Friend"? If so, this message is for you.

2015-02-05T15:45:00.001-05:00

Many of us ask friends or family members for recommendations for anything from plumbers to Thai food to mechanics. Almost without fail they are happy and eager to offer a referral. Everyone likes to talk about "their guy" who does the best work in town. They love to "tell-a-friend". We do too...do you?

If so, you are part of the network of referrals that small businesses in this country run on. Referrals are the rare win-win-win (triple win) situation! If your friend is looking for an electrician and you refer the company that did a good job replacing your breaker box last year, everyone wins! Your friend gets an electrician they can trust (because you, their friend, recommended him). The electrician gets a new customer. You get to help your friend - and everyone likes helping their friends.

The next time a friend or family member is in need of a personal injury attorney, we hope you will consider telling them about our firm. Buttafuoco & Associates was voted BEST LAWYER five years in a row by LI Press and awarded the prestigious "Super Lawyers" designation, only given to the top 5% of lawyers in the country. We consistently bring home big rewards for our clients. We also do our best to bring home big reward to our community, with scholarship programs, disaster aid and other charitable gifts.

If you feel that we did a good job for you and you appreciate that we are a law firm that helps injured victims rebuild their lives, then the next time someone asks if you know a good attorney we hope you'll tell-a-friend about us.

How to PREVENT Sports Injuries

2014-12-11T13:06:00.003-05:00

For many high school students, fall not only means a return to class, but a return to the field. Whether it’s for the school team or an intramural league; whether football, cheerleading, soccer, field hockey or any other sport; knowing how to minimize the chance of injury is vitally important. You know what they say about an ounce of prevention right?

In the weeks before classes start, many athletes are already taking to the practice field. Two-a- days are tough for any athlete; for teenagers they can be dangerous. The number one way to stay safe on a hot August afternoon is to stay hydrated. Athletes should make sure to drink plenty of fluids (without caffeine!) and watch for warning signs of heat-related problems, such as dark- colored urine, fatigue, dizziness, headaches, nausea, cramps, excessive sweating or a cessation of sweating. If one experiences any of these symptoms, they should immediately take the break to cool down and rehydrate.

A general way to lessen the chances of athletic injury is to have a warm- up and cool down routine. Coaches should work with athletes to develop such routines. Coaches should also be encouraging athletes to train during the offseason. Showing up in shape will benefit in many ways, including making injuries less likely.

Properly fitting pads and helmets are another key to injury prevention. Make sure to have any protective equipment fitted at purchase. If you suspect an improper fit, ask the coach to take a look. While no helmet or pad can completely protect against injury, a proper fit will minimize the risk of serious injuries like concussions.

DID YOU KNOW? Scammers targeting hotel guests

2014-12-09T15:14:00.001-05:00

The federal Trade Commission has issued a warning about scams targeting hotel guests. Next time you’re on the road, be aware of the following three dirty tricks. Be aware and you won’t become the next victim.

The late night, front desk phone call. This scam starts with a ringing phone. It’s late at night and when the victim answers, the voice on the other hand of the line says he’s from the front desk. “There’s a problem with your credit card,” the voice says. “Could you give us the number again?” Of course, it’s not the front desk, it’s a scammer. The hotel would not likely bother a guest in the middle of the night. They would deal with the issue at the desk in the morning.
Pizza special! A hotel guest finds a flyer slid under their door. Great deals on pizza! They deliver to the hotel! Sounds great! Unfortunately, the pizza place isn’t real ( or at least the number isn’t), and when you order with your credit card you get no pizza, only fraudulent charges.
Wi-Fi fake out. Most hotels offer Wi-Fi service, for free or for a fee. Scammers know this and have been known to create their own Wi-Fi networks, with names that sound just like the official hotel network. If a guest logs on, they risk losing personal information to a crook. Guests should always check with the hotel to make sure they are accessing the authorized network.