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Slideshow | Have you been in a car accident?

February 15th, 2017


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Do I Need to Hire a Workers’ Compensation Attorney?

February 9th, 2017

Have you suffered a workplace injury? Are you wondering whether you should hire a workers’ compensation attorney? Whether or not you should hire a lawyer depends on the severity of your injury and the overall complexity of your case. You may be able to get by without hiring an attorney if:

  • The injury was minor, such as a twisted ankle or a cut requiring a few stitches.
  • You missed little or no work due to your injury.
  • Your employer admits that the injury happened at work.

However, it is always advisable to contact a workers’compensation attorney to walk you through the legal process. He or she may alert you of potential pitfalls, as well as give you an honest appraisal of whether you can handle the case on your own.

When should I hire a workers’ compensation lawyer?

You should hire a workers’ compensation lawyer when:

Your employer denies your claim or you fail to receive your benefits promptly

Workers’compensation claims are routinely rejected by employers and insurers thinking that many workers will fail to appeal. This is factually correct because up to 80% of individuals whose claims are denied fail to appeal the decision in court. Hire a workers’ compensation attorney to give you the best chance of receiving a fair settlement for your injuries.

Your employer retaliates against you for filing a workers’ compensation claim

If you have been fired or demoted, or if your employer has reduced your pay or engaged in any other form of discrimination because you filed a workers’ compensation claim, it is important that you hire a workers’ compensation attorney immediately.

Your employer’s settlement offer does not cover all lost wages or medical bills

If you think that your settlement offer is not good enough, do not rely on the workers’ compensation judge to make sure that you are getting a fair deal. A judge may sign off on any agreement as long as it is not grossly unfair. If you want to be fairly compensated, hire an attorney.

Your employer denies you disability benefits

If the work injury caused you permanent partial disability or permanent total disability, you may be entitled to lifetime weekly payments to make up for your lost wages. These can be expensive for insurance companies. Therefore, they will do everything possible to avoid paying you what you deserve. Hiring a knowledgeable workers’compensation attorney can be essential when there are permanent injuries or illness.

You have a potential third party claim

If you have suffered a work related injury, you may be able to sue a third party whose negligence contributed to your injury through a third party lawsuit. For instance, when a machine malfunction causes injury to a worker, he or she can file a third party lawsuit against the manufacturer of the defective machine, apart from filing a workers’ compensation claim. An attorney will assist you in filing a third party lawsuit.

Contact Workers’Compensation Attorneys at Dervishi Law Group, P.C.

If you have suffered a workplace injury, contact workers’ compensation attorneys at Dervishi Law Group, P.C.You can depend on our knowledge and expertise when it comes to representing you. Call us at (917) 300-0797 or (718) 619-4525 or email us at fdervishi@dervishilaw.com.


Woman crushed between car and driver’s side door

February 7th, 2017

A woman found crushed by her car door on Camp Street Sunday afternoon was pronounced dead at Nor walk Hospital.
The woman apparently was standing outside the car when it rolled forward, causing her door to come in contact with a car parked at the curb. As her car moved forward, the door apparently was pushed closed, crushing her.

Read More…


Legal Theories in Product Liability Claims

February 6th, 2017

If you have suffered an injury due to a defective product, you may file a defective product liability claim. Your product liability claim can be based on different legal theories such as strict liability, negligence, breach of warranty and fraud.The following paragraphs outline the elements of the most common legal theories used in a product liability claim.

Strict Product Liability

In a strict product liability case, a victim must show that:

  • A product was sold with no warning or inadequate warning, or was sold in an unreasonably dangerous condition.
  • The victim or the victim’s property was injured by the defective product.

Negligence

In a product liability case based on negligence, a victim must show that:

  • The defendant owed a duty of care.
  • The defendant’s actions breached that duty of care.
  • The defendant’s breach caused the victim injuries.

Fraud

In a product liability case based on a “fraud” legal theory, a victim must show that:

  • The defendant made certain representations about the product that were not true.
  • The defendant was aware that those representations were not true or not likely to be true.
  • The representations were made so that the victim would buy the product.
  • The victim was justified in relying on the representations.
  • The defendant’s false representations caused damage to the victim.

Breach

In a product liability case based on “breach of warranty,” a victim must show that:

  • The product had an expressor implied warranty.
  • The product failed to meet the terms of the warranty.

Contact Product Liability Lawyers at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability lawyers at Dervishi Law Group,P.C. We can assist you in recovering rightful compensation.Call us at (917) 300-0797 or (718) 619-4525 or email us at fdervishi@dervishilaw.com.


Common Defenses in a Product Liability Case

February 3rd, 2017

dervishilaw.com-Common Defenses in a Product Liability Case

If a consumer has been injured by a defective product, the defendant,who may be a manufacturer of the product, can argue that the injury was not caused by the defect. There are three main types of product liability claims: negligence, breach of warranty and strict liability. One defense may work to defeat one kind of claim but not another.The following are some common defenses in a product liability case based on strict products liability or negligence.

Assumption of the Risk

If the claimant was aware of the risk involved in using the product and was ready to accept the risk and as a result was injured, he or she will be prevented from receiving recovery. The evidence for the product liability must show that the claimant knew of the risk involved and disregarded the danger and risk that caused his or her injury.

Substantial Change Defense

If the claimant made an adjustment or modification to the product and if the modification of the product was what caused the injury, then the manufacturer could be relieved from liability since the cause of the injury was not the manufacturer’s fault. Only unanticipated and unforeseen modifications to the product by the consumer can relieve the manufacturer of liability. If the manufacturer anticipated that a consumer could modify the product, then the modification would not relieve the manufacturer of liability.

Contributory Negligence

In some states, if the claimant contributed to his or her injuries in any way, he or she may be barred from any recovery. In other states, if the claimant contributed to his or her injuries, the amount of fault would reduce the recovery.

Statute of Limitations Expired

The statute of limitations period is the time in which the claimant can file a claim in court and start the lawsuit. It usually expires within 3 years.The defendant can argue that the available time that the plaintiff had to bring the personal injury claim has expired.

Other Causes

The defendant can also argue that there were other factors that caused the plaintiff’s injury and must prove that their product or design was not the actual cause of the claimant’s injury.

Get in touch with experienced product liability attorneys at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability attorneys at Dervishi Law Group, P.C. You can call us at 917-300-0797 or 718-619-4525 or email us at fdervishi@dervishilaw.com.


3 Dead after fleeing cops in stolen car

January 11th, 2017

Three people trying to escape state police in a stolen car took a fatal plunge into a Long Island pond Sunday night, according to cops.

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Niagara Falls man, 53, killed in three-car crash

January 11th, 2017

A 53-year-old Niagara Falls man died Sunday night in a three-vehicle crash on Niagara Falls Boulevard in front of the Home Depot just west of Interstate-190, according to city police.

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Personal Injury Lawsuit Resulting from a Scaffold Accident

December 26th, 2016

A scaffold is a temporary structure that is used to support a work crew and materials while constructing, maintaining or repairing a building, bridge and other man made structures. However, scaffolding work poses a very high risk of injury. A scaffold accident can lead to severe, catastrophic and life-altering injuries. In order to file a successful personal injury case based on a fall from a scaffold, you must prove the following:

The defendant had a duty to provide for the safety of the worker

Any party that supplies, maintains, or moves the scaffolding has a duty to provide for the safety of the workers. Furthermore, any party that possesses the power to make decisions at a construction site may have a duty to provide for the safety of the worker. If the owner of the building supervises and oversees the safety of the workers, but fails to do so, he/she may be held liable for the scaffold accident.

The defendant breached that duty

Breach of the duty of care is failure by the defendant to provide for the safety of a worker. If an OSHA regulation has been violated, it is considered breach of the duty of care. If there is any other violation of safety standards that have been accepted in the industry or recommended by experts, this too may be considered a breach of the standard of care.

The breach caused harm to the worker

If the breach of that duty has caused harm to the worker, the defendant is liable for the injuries. To have a successful personal injury lawsuit, you will need to prove this.

Types of damages for a scaffold accident

It is important to prove that the damages were caused by the defendant’s negligence. Some types of damages for a scaffold accident include:

Compensatory Damages

  • Lost Wages
  • Loss of future earning capacity
  • Medical Expenses
  • Costs of living with a disability or injury

Non-Monetary Damages

  • Physical and mental pain and suffering
  • Loss of ability to enjoy life

Get in Touch with the Personal Injury Lawyers at Dervishi Law Group, P.C.

If you have been injured in a scaffold accident, get in touch with the lawyers at Dervishi Law Group, P.C. We will represent you and help protect your rights. We have our own investigative team and we act quickly to gather and preserve evidence. You can call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com.


Slideshow | Have you been in a car accident?

December 14th, 2016

Motor vehicle statutes which are laws regulating the way drivers must operate their vehicles on public roads will help determine who is liable in a car accident. When more than one motorist may be found partially responsible for the accident, the state law will decide on who must pay for damage to property and injuries to the involved parties.

Have you been in a car accident
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Who Can Be Sued for Harm By Unsafe Medical Drugs?

November 18th, 2016

Unsafe medical drugs

When our doctor prescribes us medical drugs or when we buy them from the drugstores, we believe that the drugs will help us with our condition. We also trust that the companies who sell these drugs ensure that they are safe before they are sold to the public. Unfortunately, every year, a large number of people suffer serious side effects from unsafe medical drugs. If you or a loved one has been harmed due to unsafe medical drugs, you can sue the responsible parties.

Who are the responsible parties?

Manufacturers: Victims may sue the manufacturers of the unsafe medical drugs. However, it is important to note that manufacturers are typically large companies. They may compensate for the injuries but the majority of time they retain teams of high-priced lawyers to defend such cases.

Testing laboratories: The drugs that caused injuries may have worked its way through a series of tests on its way to the market. The laboratories that conducted the tests can be sued for the injuries even if they are independent from the manufacturers.

Medical sales representatives: Medical sales representatives often meets doctors and other members of the medical community to advertise about the latest drugs and make recommendations regarding their usage. These representatives may be held liable if they recommended the drugs that caused injuries.

Doctors: Doctors may be held liable for prescribing drugs that caused the injuries. They may also be held liable if they failed to warn about the potential side effects or provide adequate instructions regarding their usage.

Hospitals/clinics: Hospitals/clinics are part of the chain of distribution of drugs and hence they may be held liable for the injuries.

Pharmacies: When victims suffer injuries due to unsafe medical drugs bought from pharmacies, they may be held liable. Pharmacies are the final point in the chain of distribution of drugs.

Harmed due to an unsafe medical drug? Contact Us

If you have been harmed/injured by an unsafe medical drug, contact us for unsafe medical drugs attorneys at Dervishi Law Group, P.C. We represent people who have been harmed by unsafe medical drugs. Call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com