Palermo Tuohy Bruno by cjleclaire
Long Island and New York Personal Injury Lawyers
Jul 18, 2014 | 20452 views | 0 0 comments | 121 121 recommendations | email to a friend | print | permalink

view as list
by cjleclaire
Apr 19, 2018 | 12498 views | 0 0 comments | 933 933 recommendations | email to a friend | print | permalink

As the weather warms up, people take to the road and want to spend more time outdoors. In particular, an increasing number of bicyclists and pedestrians join the thoroughfares, and motorists need to be on alert to watch out for them.

It takes a united effort on the part of pedestrians, bicyclists and motorists to make roads safe for everyone, and getting back into the habit of following safety guidelines becomes crucial for avoiding accidents. This is especially relevant in heavily populated areas, such as New York City and Long Island where there is a considerable amount of traffic.


  • Stop your vehicle for pedestrians at crosswalks.
  • Adhere to the posted speed limit and slow down when approaching pedestrians and bicyclists who are sharing the road.
  • Yield to pedestrians and bicyclists when making turns.
  • Check for bicyclists before opening your car door.
  • Take extra precautions and drive slowly when passing stopped vehicles.
  • Allow three feet of space between your vehicle and a bicyclist when passing bicyclists.


Walkers and runners must pay attention to traffic. Times when visibility is the worst are at night, dawn and dusk. If walking or running, you should avoid these times as much as possible. The New York State Health Department website provides a number of tips to safeguard pedestrians. Here are a few that can help keep you safe:

  • If walking at night, at dusk or during early morning, wear light and bright clothes to be as visible as possible for drivers and carry a flashlight.
  • Use extreme caution when crossing intersections that have no signals, and whenever possible walk in areas that have crosswalks with traffic signals.
  • Always look in all directions before crossing a street to ensure there is no oncoming traffic.
  • Always walk on the sidewalk if there is one and walk facing traffic when there is no sidewalk.
  • Obey all traffic signals and signs.


  • Do not bicycle while wearing headphones because you lessen your ability to hear approaching vehicles.
  • Make sure you slow down and check for traffic before entering an intersection or street.
  • Make yourself predictable for motorists by riding with the flow of traffic, by staying on the right side of the road and by not weaving in and out of parked vehicles.
  • Abide by traffic laws and check carefully before moving into the left side of a traffic lane to make a left turn.
  • Try to anticipate traffic dangers and adjust your position as needed.
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Bifurcated Trial System In Suffolk County & Nassau County Can Favor Defendants
by cjleclaire
Mar 16, 2017 | 24271 views | 0 0 comments | 843 843 recommendations | email to a friend | print | permalink
Author: Palermo Tuohy Bruno, P.L.L.C.

The Bifurcated Trial System

Recently, we discussed how a century old rule barring mention of liability insurance may actually create bias in a jury, favoring a defendant. Now, I’d like to talk about the “bifurcated trial system”, and how this system can actually create jury bias as well.

New York is divided into four judicial departments. Nassau County and Suffolk County fall into the Second Judicial Department. While the rules for conducting trials are generally the same in all departments, there are some important distinctions between each of the judicial departments. The most important difference between departments is the bifurcated trial system, which is utilized in the Second Department.

The concept of bifurcation is simple in personal injury cases. A case is divided into two separate and distinct parts for trial – liability and damages. Each part is tried independently of each other. First, there is a trial on liability (or fault). There are opening arguments, presentation of evidence, closing arguments, jury deliberations and a verdict.

Once a verdict is reached there could be a second trial on damages, but only if the verdict found that the defendant was at fault. If it was determined that the defendant was free of fault the case proceeds no further. If there was a finding of fault on the defendant there is a second trial on damages. Again, there are opening arguments, presentation of evidence, closing arguments, jury deliberations and a verdict.

The rationale for this system is to avoid the waste of judicial resources and cost. The damages portion of a trial can be lengthy. Why do it if there is no fault on the defendant? This system saves time and money.

However, there are some distinct disadvantages of this system for a plaintiff. First, the issue of injury is not allowed to be mentioned in the liability portion of the trial. So a jury will decide a plaintiff’s fate without even knowing the extent of their injuries. This can make a big difference in some cases.

After trying cases for approximately twenty years, I have found that most juries are sympathetic to the defendant in the liability portion of the trial. Often, they seem to be wondering, “Why did you need to drag us down here and take up our time to hear about this accident?” It’s not until after they decide fault that they hear about a plaintiff’s injuries. And that’s precisely when I notice a change in a jury’s demeanor.

The problem is that the jury may never get to hear about a plaintiff’s injuries because of the bifurcated trial system. A trial attorney’s biggest fear is that a jury will decide a case against a plaintiff in the liability phase because they surmise from looking at the plaintiff that he/she is not that hurt and feel bad for the defendant. Additionally, the inconvenience of time that the bifurcated trials can take may cause juries to make bias decisions.

A skilled plaintiff’s attorney can work around the bifurcated system and devise ways of indicating to a jury that the plaintiff’s injuries are in fact severe. Not all attorneys understand the nuances required to get that message across, though. And, if an attorney cannot accomplish this, their client is at a great disadvantage. The defendant’s attorney will certainly take advantage of the fact that Suffolk County and Nassau County juries are generally sympathetic to their clients during the liability phase of the trial.

I strongly feel that this bifurcated trial system presents an issue for plaintiffs in many cases. Yes, the rationale behind it may be sound. But, it’s up to a jury to decide a plaintiff’s fate. And in many instances, they may look at a plaintiff, deem them to be in good health, and take pity on a defendant before even having a chance to know the extent of a plaintiff’s injuries.

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What To Do If You Have A Slip & Fall Accident On Someone Else’s Property
by cjleclaire
Dec 08, 2016 | 21941 views | 1 1 comments | 454 454 recommendations | email to a friend | print | permalink

Author: Steve Palermo

Palermo Tuohy Bruno recently helped a Slip and Fall victim receive financial justice for the losses she endured due to her injury. Our client was walking in a New York City parking garage on a rainy day. She slipped and fractured her elbow on the staircase of the building. The fracture required surgery.

We held the premises owner liable for their negligence in keeping the occupants of their building safe from harm. The staircase itself was in need of attention and perhaps retreading by the building’s owner. The treading on the steps was worn out. And as other occupants climbed the stairs that day, tracking in rain from the outside, the staircase became slippery and  dangerous.

Palermo Tuohy Bruno obtained a settlement of $350,000 for our client to help her recuperate for her losses. Slip and Fall accidents are extremely common – especially in the wintertime. Not all building owners are responsible enough to ensure the safety of their occupants. Rainy, snowy, and icy days are upon us. Make sure you take it slow when you’re walking across stairs, into lobbies that are hardwood or tiled, across lots that may have black ice on them, etc. And if you come across a slippery spot on the ground, tell others around you.

If you yourself ever get into a Slip and Fall Accident, you should know what to do, even if you don’t feel you’ve been injured.

Slip Fall Injury What To Do

What To Do If You’re In A Slip And Fall Accident

You may not feel pain right away. But later, it might hit you. Even if you don’t believe you are hurt, follow these steps to ensure you have a good case:

  • If you require medical attention right away, get it. There are two reasons for this. The first is your own wellbeing. The longer you go with an injury untreated, the worse it may get. Secondly, it’s important to obtain a written diagnosis of your injury directly following the incident while the injury is still fresh. This could strengthen your case. Contrarily, not seeking medical attention as well as waiting to seek medical attention may be used against you if you do have a personal injury case.
  • Take note of the entire area where you slipped/fell. Take pictures of the area. Was the ground icy? Was the floor slippery? Not only are photos invaluable to your case – they’ll also help your lawyer in deciding how to handle it. It’s important that you take photos of the scene as soon as possible. If you take photos of the scene, the premises owner will probably do the same. Atop that, the premises owner may try to “cover their tracks” by changing the scene to make it safe again. Your photos of the scene directly after the slip/fall will help corroborate your version of the incident as opposed to the alleged premises owner’s version of the incident.
  • Get the names and phone numbers of anyone who may have witnessed your slip or fall. Even those who may arrive at the scene after your incident can help your case, since they can testify to the conditions of the scene. Get their names and phone numbers as well. Witnesses can be extremely helpful. They can take photos of the scene for you. They can get you medical attention. And they can testify in your case should you need them to.
  • If you fall in a store or a place of business, and there’s a procedure for such incidents (such as filling out an “incident report”), follow that procedure. It’s important that the store or place of business is aware of your incident. If a supervisor or anyone else who works at the store or place of business makes a claim about the scene of the incident being unsafe, or if they’ve “had problems with that area before”, take a mental note of that claim. Ask for the name and phone number of whoever made that claim. Their claim may just help your case.
  • You may have to wait around after your Slip and Fall Accident has occurred – either to fill out a report or wait for medical attention. Try and stay focused on your surroundings. Refrain from talking about how the slip or fall happened, and don’t be quick to lay blame or make any demands. Try to stay alert to your surroundings, and take a mental note of what witnesses, premises owners, or employees say in that time frame. And make sure you have their names and phone numbers.

If you do end up making a claim against a premises owner for a Slip and Fall Accident, you will likely be called by the insurance adjuster and/or attorney of the premises owner. They’ll likely be real nice to you initially in attempts to gain your trust. But keep in mind – they are not on your side. It’s literally their job to make sure you don’t get the financial compensation you’re entitled to. They will ask you questions – sometimes difficult ones – and many times try to trick you. Never downplay your injury or make small talk about it. They will use what they can against you in order to weaken your case. Since it’s their job to do so, you can be sure they know what they’re doing. This is why it’s so important to consult with a Slip and Fall Attorney right away. If you have an attorney, put any insurance adjuster or attorney in contact with them.

Attorneys who are experienced in handling Slip and Fall Accident claims know what will likely be asked of you, and how insurance companies trick individuals with difficult and sometimes seemingly odd questions in order to weaken your case.

Remember, personal injury attorneys work on a contingency fee – meaning you don’t have to pay any upfront costs for their legal assistance unless they win your case. There is no harm in retaining an experienced Slip and Fall Attorney. In fact, there’s likely harm in not retaining a lawyer. Victims of personal injury who have a lawyer representing them see, on average, 300% more financial compensation than those who retain a lawyer.

It’s almost winter. The rain has been heavy lately. And Slip and Fall Accidents are likely to occur. Know what to do should this ever happen to you. One icy patch of black ice and one step could literally destroy your future. Remember these steps, share these steps with others (coworkers, friends, etc.) and stay safe.


“What to Do After a Slip and Fall Accident.” FreeAdvice. FreeAdvice, 24 Feb. 2015. Web. 01 Dec. 2016. <>.

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April 14, 2017
We should hire experienced slip and fall lawyers who can help clients hold property owners responsible for slip and fall injuries.They should offer dedicated support to our clients so they get the compensation they need. Same situation was faced by friend who took helped of South Florida lawyer named Mark Schiffrinpa. he handles all personal injury matters.

Mistakes That Could Harm A Car Accident Case
by cjleclaire
Oct 20, 2016 | 22064 views | 0 0 comments | 597 597 recommendations | email to a friend | print | permalink
Author: Steve Palermo

Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. If you’ve been injured in a car accident at no fault of your own, it’s in your best interest to find an experienced personal injury lawyer to oversee your case as soon as possible. A highly-experienced personal injury lawyer will be able to guide you in the right direction and ensure that you don’t make any mistakes that can hurt your case.

Little mistakes can put huge dents in your car accident case. And we want to make sure you never make these mistakes. Here’s a list of 13 mistakes that could hurt your car accident case as well as the financial compensation you’re entitled to for your injury and losses.

  • Lying at all about anything pertaining to your case is against the law and will ruin your entire case. Always tell the truth in a personal injury case – to your lawyer, insurance companies, on paperwork, if under oath, etc. Defense attorneys and insurance companies may literally take to conducting surveillance of you or hiring a private detective for anything to build defenses against your case. Never believe you can get away with lying in a personal injury case.
  • Mistakes on forms (insurance forms, legal paperwork, etc.) are also dangerous when it comes to your case. For example, your right to No-Fault coverage can be denied by making just 1 mistake on a form. Everything must be 100% accurate. That’s why it’s important to find a lawyer or law firm that will fill out these forms for you.
  • Talking or conversing about your case should be avoided, especially if it’s to someone hired by the at-fault driver’s defense attorney or insurance company. If they ask you anything at all, refer them to your lawyer. Talking about your case should be avoided in general.
  • Posting anything on social media relating to your case is also another mistake. It may be tempting to get your frustrations out on social media. But everything you say on social media can be used against you. Defense attorneys and insurance companies may dig through your social media and only presence for anything they can use to harm your case (and they can be extremely crafty at twisting your words/photographs). We recommend you stay off social media entirely. Deactivate your account until your case is settled.
  • Signing away on anything related to your case, before consulting with your lawyer, could be a huge mistake. The insurance company of the at-fault driver may want you to sign for a release on your medical records. This is a violation of privacy and another avenue for a defense attorney to fabricate “holes” in your case. Don’t sign any paperwork given to you by the at-fault driver’s insurance carrier or defense attorney – show it to your lawyer first.
  • Waiting to seek medical attention after an accident can harm your case. You may not think that your injury is bad. You may fear the thought that you may need surgery. Your injury may not even seem apparent right away. But no matter what, if you don’t seek medical attention directly after a car accident, your injury may seem less serious. Seek medical attention right away for your own safety.
  • Failing to go through with medical treatment, whether it’s ongoing doctor appointments or physical therapy, gives off the impression that you are healed or that you aren’t taking your recovery or the case seriously. You may be entitled to less compensation should you fail to go through with all of your medical treatment. No matter how tedious it may seem and how scary it is to watch medical bills pile up, you’re much better off making every doctor appointment related to your recovery, for both your well-being and for your case.
  • Not reporting prior injuries that may have been exacerbated by the accident can hurt your case. The fact that your injury was there before the accident took place will not prohibit you from receiving compensation if the accident made it worse. The accident further injured you – and you deserve compensation for that. Withholding this information can harm your case.
  • Not obtaining a police report is a huge mistake. You must call 911 following a car accident to file a Traffic Collision Report. This is crucial to your case. A report may contain witness statements and information that is extremely valuable to your case.
  • Waiting to apply for No-Fault coverage is also huge mistake. There’s a time limit to apply for No-Fault coverage supplied by the insurer, which covers economic losses related to your injury/accident. This No-Fault coverage of $50,000 can be a lifeline. Problem is, you only have 30 days to file for No-Fault coverage from the time of your incident. Seems unfair, right? You may be hospitalized for that amount of time. In this scenario, a personal injury attorney that will arrange a visit to your hospital is crucial. You can’t make any mistakes on this form, and it has to be filed within 30 days. There’s simply no way around it – don’t wait.
  • Getting rid of evidence that pertains to your injury such as casts, prescription pill bottles, braces or anything else, isn’t a good idea. These items can be used as evidence of your injury’s severity and should not be discarded.
  • Neglecting to document your injuries through photos or videos can be considered a mistake, since these photos are also evidence of your injury and the severity of it. Also, if possible, take pictures of any damage to your car from the accident.
  • Neglecting to tell your lawyer about a request from the at-fault driver’s insurance carrier to have an Insurance Medical Examination is a mistake. These doctors are insurance doctors. Their aim is to either disprove that you have an injury or demean its severity, which could leave you with less financial compensation. Call your attorney right away if the at-fault driver’s insurance company request that you receive an Insurance Medical Examination.

If you trust your personal injury lawyer to get you the highest possible financial outcome from your case, it’s best to be upfront and honest with them about everything. A personal injury case can be a fragile thing, easily dismantled by defense attorneys. And insurance companies have one goal in mind – keeping their money. They’re trained on ways to keep you from getting the compensation you deserve. They know exactly how to trick you into thinking you’re safe and will be taken care of, but that’s simply never the case. They display a thin veneer of kindness at first. But since your well-being is not their main priority, they’ll do what they need to do either delay or fully withhold the payments you’re entitled to for your losses.

Don’t just look at these as tips…look at them as if they are rules. This is a fight that your personal injury lawyer is taking on for you. So it’s in your best interest to listen to, remember, and follow everything they say to the T.

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Oct Should I Go Through My Insurance For Collision Coverage Or The Other Drivers?
by cjleclaire
Oct 20, 2016 | 21725 views | 0 0 comments | 685 685 recommendations | email to a friend | print | permalink

Author: Steve Palermo

If you’ve recently been in a car accident and your car has been damaged, you might be wondering how to go about covering the costs of repair. If you have collision coverage, great! We believe everyone should have collision coverage. Collision coverage can be seriously helpful should you ever be hit by an uninsured motorist.

Knowing what to do in regards to insurance and covering the property damage to your car can be confusing, especially if you’re a safe driver and have never been in an accident. But we’re here to help explain. You have options to cover your property damage with collision coverage: go through your own insurance, or the other driver’s. Both have their pros, and both have their cons.

The Pros of Going Through Your Own Insurance Carrier

  • Your own insurance company will want to make you happy – they’ll likely be timely regarding the situation
  • It’s quicker than going through the other party’s insurance, since there’s initially no investigation into who’s at fault
  • You’re entitled to that coverage even if you’re at fault

The Cons of Going Through Your Own Insurance Carrier

  • There’s a deductible involved with collision coverage – usually between $500-$1,000 – and your coverage will only kick in after your deductible has been met
  • After your insurance carrier has paid you for your car damages (minus deductible), they will perform what is known as “subrogation”
    • Your insurance carrier will contact the other driver’s insurance company in attempt to prove their liability for the damage and recover funds for the costs of the repairs including your deductible
    • Scenarios: If you are found to be 70% liable, you’ll be reimbursed with 30% of your deductible; if you are found 40% liable, you’ll be reimbursed with 60% of your deductible; if you aren’t found at fault, your deductible will be reimbursed in full; but, if you are found fully at fault, your deductible will not be reimbursed

The Pros of Going Through The Other Driver’s Insurance Carrier

You may believe that you are not at all at fault for this car accident. And so, you choose to file a claim against the “at-fault” driver’s insurance carrier so their collision coverage can pay for your car’s damage. There’s one important pro in this decision.

  • If the driver’s insurance company agrees that they are at fault, there is no deductible involved

The Cons of Going Through The Other Driver’s Insurance Carrier

  • If the driver’s insurance company does not agree that they are at fault, they will conduct a full investigation and only voluntarily pay for what they believe they’re at fault for
  • Investigation could take a long time
  • Insurance companies may be biased and favorable toward their policy holder
  • You’ll only be offered an amount based off the percentage they believe their driver to be at fault
  • Even if this offer is unfair, you can only negotiate so far before your case ends up in court

We know how confusing it can be to deal with insurance companies, even if it’s your own. So we take every chance we can get to clarify confusion, answer questions, and be an informative outlet for our followers. We hope you never have to deal with this scenario, but should you need to, we hope this helps.

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Can Car Accidents Cause PTSD?
by cjleclaire
Sep 12, 2016 | 18781 views | 0 0 comments | 648 648 recommendations | email to a friend | print | permalink

Author:Steven Palermo: The Suffolk Personal Injury Lawyer

You hear about post-traumatic stress disorder (PTSD) that military service members experience from active duty. However, studies now show that many motor vehicle accident victims also suffer from PTSD.

According to the National Center for PTSD, research shows motor vehicle accidents are a common cause for traumatic stress, including:

  • PTSD
  • Major Depression
  • Anxiety Disorders

What Is Your Emotional State? Are You Experiencing These Symptoms?

While many people experience PTSD symptoms right after the traumatic incident, others may not experience them until months or even years later. Symptoms often include:

  • Reliving the event (same fears as during the event)
  • Nightmares
  • Flashbacks (feeling like the event is happening again)
  • Triggers (a sight, smell or sound that causes you to relive the event)
  • Fear of driving
  • Fewer positive or loving feelings towards other people
  • Avoidance of relationships
  • Inability to talk about the traumatic event
  • Viewing the world as dangerous
  • Difficulty sleeping
  • Trouble concentrating
  • Startled by loud noises or surprises

In any given year, approximately 1% of the US population will be injured in motor vehicle accidents — more than 3 million injuries annually.

PTSD Facts

Here are some facts taken from motor vehicle accident (MVA) studies regarding PTSD:

  • 9% of motor vehicle accident (MVA) survivors develop PTSD
  • An average of 60% of MIV survivors who seek mental-health treatment have PTSD
  • Of those 60% seeking mental treatment, between 3% – 53% have major depression
  • Of those 60% seeking mental treatment, 27% have anxiety disorder
  • Of those 60% seeking mental treatment, 15% report a phobia of driving

Researchers also found that the greater the physical injury and fear of dying (due to potential life-threat), the greater the chances of developing PTSD. Loss of significant others through motor vehicle accidents also makes people more prone to PTSD.

Treatments for PTSD include behavior therapy, cognitive therapy and medications. Working with a chronic pain specialist can be done together with mental health treatment.

Unfortunately, many people continue to experience symptoms for more than six months or a year before seeking mental treatment. An experienced personal injury lawyer can help you seek damages to cover PTSD treatment as part of an accident settlement.

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What to do When Your Designated Driver Plan Fails
by cjleclaire
Aug 25, 2016 | 24955 views | 0 0 comments | 683 683 recommendations | email to a friend | print | permalink

There’s no question that designating a driver reduces drunken driving accidents and saves lives.

Designated Driver Statistics

As time goes along, more and more people have gotten on board with the idea of designating drivers. A Mothers Against Drunk Drivers (MADD) survey done in 2014 showed:

  • That 75% of people designate a driver so they can return home safely
  • That 75% of the people who volunteer to be the designated driver do so to make sure they arrive home safely
  • That 85% who ride with a designated driver do so for safety reasons
  • Another reason for designating a driver was to avoid a DUI charge

Who Is Most at Risk for Drunk Driving Fatalities?

Drunk driving takes the lives of young drivers more than any other age group:

  • Drivers between the ages of 21 to 24 – 30%
  • Drivers between the ages of 25 to 34 – 29%
  • Drivers between the ages of 35 to 44 – 24%

Always preparing ahead for a designated driver shows more than good character; you’re looking out for yourself, your friends, and others on the road. Being the designated driver shows just as much good character. But what happens when your designated driver plans fail? There are other options, and you should know about these options should this ever occur.

Designated Driving

Other Options When Designated Driving Plans Fail

If everyone in your group wants to party and drink, and no one wants to be a designated driver, there are other ways to designate a driver, such as:

  • Calling a parent or other sober adult
  • Calling a taxi
  • Using public transportation
  • Chartering a limo or party bus
  • Arranging a ride through Uber or Lyft – their apps are free, and they’re great alternatives to a cab – they can get to you quicker, and you don’t need to call up a company for a taxi, just open your app, and with the tap of a finger and a debit/credit card on hand, you have a safe ride home
  • Staying overnight if at a friends house and waiting until the morning when you’re sober and are able to be your own designated driver
  • If you need your car in the morning, to go to work, run errands etc., don’t justify it – there are services on the rise that will come to you with two sober drivers, 1 to drive you and your car home and the other to drive the second vehicle – SafeRideAmerica, IDriveYourCar, and BeMyDD are just a few options you can check out – but always make sure to plan this ahead of time

Designate Your Driver Ahead of Time

Don’t wait until you’ve already started drinking to designate a driver. By then, your thinking is impaired, and you probably won’t realize you need one.

Designated drivers are on the rise. However, according to MADD, a person is injured in a drunk driving crash every two minutes. Also, on the average, 2 in 3 people will be involved in a drunk driving accident during their lifetime. To repeat, 2 in 3 people will be injured in a drunk driving accident – whether they’re the at-fault driver or not. This prediction is staggering. We all must make very precaution we can and learn not to be so complacent about our driving habits. Even one drink could impair your driving – especially if you’re on medication that enhances alcohol’s effect on the brain. Buzzed driving is drunk driving.

Be safe. Always designate a driver ahead of time. Your safety isn’t always in your hands, but in this case, it is. Never drink and drive, and never get in the car with someone you even suspect has had a drink or taken drugs. And know that there are ALWAYS available options for you (and your friends) to get home safe and sound.

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Prevent Boating Tragedy – A Guide to Safe Boating on Long Island
by cjleclaire
Aug 22, 2016 | 18642 views | 0 0 comments | 493 493 recommendations | email to a friend | print | permalink

Author: Steven Palermo: The Suffolk Personal Injury Lawyer

Cool ocean breezes on a hot summer day and the freedom of an open sea make boating a favorite pastime for many people. It’s a lifestyle for numerous Long Islanders. However, many boaters are complacent, and don’t take precautions or boating laws serious enough, which can (and has) caused tragedy. If you live on Long Island go out boating for leisure, this post can be extremely informative and perhaps save you from ever enduring a boating accident. Following the laws of boating and ensuring your safety as well as the safety of others on your boat or on the water is vital to both experiencing enjoyable rides and avoiding boating accidents.

Boating Safety Guidelines

The US Coast Guard Recommends the Following Safety Precautions

According to the US Coastguard (USCG), hundreds of people die and thousands suffer injury every year from preventable recreational boating accidents. We cannot overstate how important it is to follow the laws of boating and take the necessary precautions to avoid such tragedies:

  • Wearing a life jacket – The USCG indicates that wearing life jackets would save the lives of more than 80% of people who die while boating. Boating accidents often happen quickly, leaving no time to grab a life jacket
  • Filing a float plan – A float plan is a form that contains details, such as who is on the boat, your boating destination, radio contact, details about your vessel, estimated check in times, who to contact in the event of an emergency, etc. The USCG recommends filling out float plans not just when using larger boats but also for people canoeing, kayaking, rafting, jet skiing, etc.
  • Receiving a vessel safety check. The USCG will check your vessel for free to determine whether it’s safe and provide helpful safety suggestions

There are also numerous other precautions you can take, which include taking courses on boating, learning to swim and avoiding alcohol or drug use. Here are some other tips not stated by law, but extremely useful in regards to safe boating:

  • Before even planning an adventure at sea, check the weather forecast – check it weeks before, the day before, the morning of, and right before – bad weather can lead to catastrophe if you’re boating
  • Understand the navigational aids of the sea, such as buoys, and stay within safe, non-shallow waters – the last thing you want is to destroy your engine if it starts sucking up sand – not only can it be dangerous and unlawful not to follow navigational aids, it can also destroy your boat
  • Entirely avoid large vessels – they do not have the same capability of turning or stopping as smaller boats do, so if you see a large vessel, navigate safely away from them
  • Always have at least another person on board who knows how to drive the boat – in the incident that the driver is injured, the other individual who’s familiar with your boat’s handling, operation, and these safety tips (make sure to inform them) will have to take over driving the boat
  • Take a boating course – it can’t hurt, and you’ll be less anxious if you know more about how to fully operate a boat and what to do in case you’re ever stuck or in a dangerous situation
  • Learn how to swim – in the case of an emergency, if your boat breaks down for example, you may need to swim to shore…butnever, ever swim close to a boat – swimming too close to a boat could very well lead to catastrophe

While in many instances a boating accident is the fault of the boat owner or participants, this is not always true. If someone else’s negligence or recklessness causes a boating accident, you may have legal recourse to recover damages. Hospital and medical expenses, compensation for pain and suffering, and lost future income due to disabling injuries are matters you can discuss with an experienced lawyer.

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An Inside Tip to Quickly & Inexpensively Resolve Your Personal Injury Case
by cjleclaire
Aug 10, 2016 | 14418 views | 0 0 comments | 365 365 recommendations | email to a friend | print | permalink
Author:Steven Palermo

An Inside Tip to Resolving Your Personal Injury Case Quicker and Inexpensively

Resolving PI Case Quick Cheap

It’s called Alternative Dispute Resolutions (ADR), and we’d like our followers to know more about how “Arbitration” and “Mediation” (the two types of ADRs) can be better options, in particular cases, than bringing personal injury cases to trial.

Arbitration is an ADR to trial. When two parties at dispute cannot come close to an agreeable resolution, arbitration may present a better means of resolution as opposed to trial, and we’ll list exactly why.

“Binding” arbitration is when an unbiased third-party of authority meets with two at-dispute parties to come to a resolution outside of trial. The arbitrator acts somewhat like a judge and jury. They will listen to witness testimony, review evidence such as documents and photographs and make a final resolution. Since this type of arbitration is “binding”, the decision is final and both parties must abide by it. “Non-binding” arbitration does not require either side to abide to the arbitrator’s decision, but is moreover used as a guideline.

Mediation is another form of ADR. Mediation is a “non-binding” discussion wherein a mediator listens to each party’s position and makes recommendations as to how the case should be resolved. “Non-binding”, in other words, means that parties do not have to agree to the mediator’s recommendations. Mediation occurs mostly between two parties who understand that compromise is necessary to bring their case to a close. It’s the mediator’s job to help both parties come to an agreement, whereas in arbitration, the agreement is made by the arbitrator. A mediation is more of a negotiation whereas arbitration is more akin to a trial.

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Camping Safety Guidelines
by cjleclaire
Jun 14, 2016 | 22143 views | 0 0 comments | 597 597 recommendations | email to a friend | print | permalink

Schools are letting out and summer vacations begin. Many children will be heading off to summer camps as part of their vacation recreation and many families plan their own camping trips, some for family reunions. In the spirit of having fun, a few safety precautions can prevent injuries and ensure a good time for everyone.

CDC: Camping Health & Safety Tips

The Centers for Disease Control and Prevention (CDC) provides good advice for campers:

  • Get vaccinated. Your doctor can recommend vaccinations based on the area where you will be camping to help protect your family against certain diseases.
  • Prepare safe food and water. Store foods in tight waterproof bags and containers and use insulated coolers for chilling food. Ensure you cook foods to proper temperatures and also bring drinking water.
  • Plan safe physical activities. Wear helmets for bike riding, sturdy shoes for hiking and life jackets when boating.
  • Avoid carbon monoxide poisoning. Do not use gas stoves, heaters, lanterns, charcoal grills or other fuel burning equipment inside a tent, camper or enclosed shelter.
  • Avoid wild animals. Keep your distance from wild animals and store food where they cannot reach it. Part of keeping your distance includes not feeding wild animals.
  • Protect family pets. Ensure pets are vaccinated before the camping trip and while camping, check pets for ticks and remove them immediately.
  • Use bug repellant. Protect yourself against bug bites, ticks, mosquitoes, etc. and remove ticks promptly.
  • Regulate temperatures. Have ways to stay warm  by bringing sufficient bedding, plastic ground covers to insulate against dampness.  Stay cooled off by resting in the shade and drinking lots of sugar-free fluids to prevent dehydration.
  • Protect against too much sun. Use sunscreen and spend time in the shade during the hottest hours of the day.
  • Protect against water-related injury/illness. Do not swim if you have diarrhea and do not drink water when swimming. Be sure to shower off afterwards. Always wear life jackets in boats and never swim alone.
  • Stay alert and prepared. Bring a first aid kit, a compass or GPS, flashlight, and medications. Follow the weather reports so you can prepare for any hazardous weather conditions.

Enjoy Your Camping Trip

If you follow safety guidelines to protect against harm, camping can be lots of fun and everyone can have a wonderful time.

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