New York Injury Lawyer Blog

There is potentially positive news on the horizon for those who have suffered a New York spinal cord injury.

Lawmakers in New York are battling to have a portion of the traffic violation fines collected by the state funneled into a trust fund for research of spinal cord injuries.

New York City personal injury attorneys are encouraged, and hope other legislators will rally around bill S.4934/A.7478.

According to the New York State Spinal Cord Injury Research Board, created in 2008, there are approximately 16,000 New Yorkers who suffer from injuries to their spinal cord.

Typically, these injuries start with a sudden, dramatic blow to the spine that impacts the vertebrae. Car accidents are some of the most common causes of these type of injuries. Gun inflicted wounds and trampolines can also be causes.

The full impact can vary a great deal. Some people recover completely - to the point you may never know what happened by looking at them. Others will suffer permanent and debilitating paralysis of two or all four limbs.

Previous Gov. David Paterson, citing economic reasons, moved all funds for the spinal cord injury research program into the general fund.

Now, sponsors of S.4934/A.7478 are asking that about 6 percent of all the money collected for moving traffic violations go to the research program's trust fund.

Activist Keith Gurgui correctly observes that the issue has unfortunately become divided among partisan lines, but hopes legislators can move past that to see the great need to make strides toward assisting those who must cope with such devastating injuries.

He has argued that the bill would not be a drain on taxpayers. Instead, he says, the only people impacted would be those who have broken traffic laws.

According to The Legislative Gazette, Gurgui was a recent high school graduate, lifeguard and swim team member who sustained his injury after diving into the ocean. He landed wrong on the ocean floor, causing his spinal cord to be severed. He was on a ventilator for more than two months. He now has quadriplegia.

The Foundation for Spinal Cord Injury Prevention, Care and Cure reports that there are about 12,000 new cases in the U.S. every year. That doesn't include the individuals who die as a result of these traumatic injuries. In all, there are nearly 260,000 people living with spinal cord injuries in America.

An overwhelming majority of those injured are males (81 percent) who are an average of 40 years old. What that means is that these types of injuries are catastrophic not only to the individuals who must endure the recovery, but also for their families, many of whom have lost their primary income source and must now figure out how to cope with snowballing medical bills and other debt.

Continue reading "New York City Spinal Cord Injury Sufferers Push Bill for Research Funding" »

A recent fatal all-terrain vehicle accident in New York left a bride mourning the loss of her new husband on what should have been the happiest night of their lives.

USA Today reports the groom and his brother were riding tandem on the ATV shortly after the wedding reception. The vehicle struck a tree and the groom, who was not driving, was found pinned underneath the ATV which had flipped over. The groom was taken to New Milford Hospital, where he died from blunt force trauma to his abdomen, chest and head. Police officials investigating the accident have charged the brother with driving while intoxicated.

Queens accident attorneys know how devastated the family must be following what should have been a preventable death. Four-wheelers are big and powerful and can be every bit as dangerous as riding in a vehicle, especially when alcohol is involved. The accident will be a tainted reminder each anniversary of how operating a vehicle under the influence is dangerous and often has severe consequences.

In 2009, ATVSafety.gov reported 376 deaths caused by an ATV accident in the United States. There were also an estimated 132,000 injuries treated in an emergency room due to ATV accidents. New York reported 314 ATV-related fatalities from 1982 to 2006. Though data is still incomplete, it is estimated that 43 deaths occurred from ATV accidents from 2007-2009 in New York.

Many enjoy riding an ATV on trails or own a 4-wheeler for off-road use. Riders in New York should keep in mind the following state laws:

• Riding with two passengers is only permitted on ATV's that are meant for 2 people.


• ATVs must be operated with a head and taillight between the periods of a ½ hour after sunset through a ½ hour before sunrise.


• Children under age 10 are not permitted to drive or ride an ATV.


• Anyone between the ages of 10 to 15 is only permitted to drive an ATV on a parent's property. In addition, there must be adult supervision or the driver must have a safety training certificate in their possession to be permitted to drive.


• ATVs must be registered and renewed annually with the Department of Motor Vehicles.


• ATVs are not permitted on highways except to cross over a roadway.


• Passengers and operators of all ages must wear a helmet when riding on an ATV.

Even though taking a safety training course is not required in New York, riders are advised to enroll anyway. Proper training can teach riders how to operate, handle, and maintain their vehicle, which can all have a direct effect on riding safely. To find or enroll in an ATV safety course near you, click here. This website will give you everything you need to know before heading to class.

For more information about the 3 R's, (regulations, rules and recommendations) in New York, visit New York ATV Safety online.

Continue reading "ATV Accidents in New York Are Deadly When Operating Under the Influence" »

Thousands of people experience spinal cord injuries in New York and throughout the country each year. The seriousness of these injuries often leaves victims with emotional and physical distress, as well as, a lifetime of medical costs. New York spinal cord injury attorney Nicholas Rose encourages victims to contact an experienced law firm to help get you the compensation you need to look after you and your family in the wake of a spinal cord injury.

The New York Post reports about a former Chinese gymnast who has filed a $1.8 billion lawsuit against Time Warner Inc. and the U.S. Gymnastics Federation for broken promises to take care of her after suffering a spinal cord injury in the 1998 Goodwill Games in New York. The gymnast who is now paralyzed, broke her neck during a warm-up routine on the vault at the games. The suit was filed against the media company and gymnastics organization for failure to carry proper insurance which in essence has caused her condition to deteriorate over the last 13 years according to The Wall Street Journal.

The burden of medical costs has left her without the necessary treatments and has caused the gymnast's condition to worsen over time.

Motor vehicle accidents (42 percent of cases) are the leading cause of spinal cord injuries. Falls (26.7 percent) and violence (15 percent) are other leading causes of the devastating injury.

Approximately 12,000 new spinal cord injury cases occur each year, which doesn't include the number of people who die on the way to the hospital. It is estimated that over a quarter of a million people are living with a spinal cord injury in the U.S. The average age for most injuries is 40 years old. Men are most often the victims.

The emotional stress of a spinal cord injury can not only stem from learning to adapt to the change in lifestyle but also from the financial burden suffered for the rest of your life. Paraplegics and quadriplegics need constant medical attention.

The following are statistics related to medical expenses for a spinal cord injury:

-Average inpatient rehabilitation stay is approximately 37 days.

-Medical costs include initial hospital stay, rehab, and continued medical care by a caregiver.

-The most severe spinal cord injury, tetraplegia, is estimated to cost $800,000 in the first year. If the injury is suffered at age 25, medical costs add up to over $3 million in their lifetime.

-Someone age 50 can sustain medical cost of almost $2 million.

-52 percent of individuals suffering from a spinal cord injury are covered by private health insurance.

-63 percent of spinal cord injury victims are unemployed within 8 years of sustaining the injury.

Continue reading "New York spinal cord injuries require immediate legal representation" »