Lipsitz, Ponterio & Comerford, LLC

Mesothelioma Lawyers Serving Buffalo, Rochester and Syracuse, NY

According to the New York State Department of Health, about 200 new mesothelioma cases are diagnosed in the state each year. While the health department considers this to be a rare disease, it is deadly. The American Cancer Society indicates an 18% survival rate for five years after the disease is diagnosed. And that’s the best-case scenario. The lawyers at Lipsitz, Ponterio & Comerford LLC have decades of experience providing mesothelioma legal services to victims in Buffalo, Syracuse, Rochester, and areas across New York State. If you’ve been diagnosed with mesothelioma, we’d be honored to help you. What is Mesothelioma? Mesothelioma is a deadly form of cancer that attacks the lining of the lungs, abdomen, and other vital organs of the body. The only known cause of this disease is asbestos, which is a fiber that cannot be absorbed by the human body. This toxic fiber is commonly found in a wide variety of products, and although laws have become stricter since the 1970s, asbestos is still not banned in the United States. About 3,000 people are diagnosed with mesothelioma across the country each year, and the majority of those who are diagnosed do not survive another full year. Mesothelioma is referred to as a latent disease. It often remains hidden for 20 or more years after exposure, which means that it’s not always caught early enough to be treated. There are four primary places where mesothelioma can be centered. These include: The lungs (pleural mesothelioma) The abdomen (peritoneal mesothelioma) The heart (pericardial mesothelioma) The testes While the last two are quite rare, each goes through four distinct stages: Limited, localized, generalized, and full-body affliction. Mesothelioma of the Lungs Pleural mesothelioma affects the lining of the lungs. About 75% of mesothelioma cases are of this type and it is often misdiagnosed as lung cancer. Some of the symptoms of this disease include: Persistent coughing Chest tightness and pain Trouble breathing Problems swallowing Fatigue Weight loss Pain in the shoulders and upper back When pleural mesothelioma is diagnosed early, the cancer might not have a chance to spread further than the lungs. This means that it could be treatable with surgery. Patients who begin treatment at Stage 1 have the longest life expectancy. Mesothelioma of the Abdomen Peritoneal mesothelioma occurs when the cancer affects the lining of your abdominal cavity. This is where your primary organs are, including the stomach and intestines. Symptoms include: Swelling of the abdomen Nausea and vomiting Weight loss Blood in vomit Blood in stool Pain in the abdomen Fatigue Night sweats Appetite loss Peritoneal mesothelioma can take 20 or more years to develop. It is caused by breathing in or swallowing asbestos particles. This disease can be easily missed or misdiagnosed because the symptoms are similar to other digestive disorders, such as Crohn’s disease or irritable bowel syndrome (IBS). If you or a loved one has been misdiagnosed, you may have cause for a medical malpractice claim. Talk to the attorneys at Lipsitz, Ponterio & Comerford, LLC, to learn more. Mesothelioma of the Heart Pericardial mesothelioma is the rarest form of mesothelioma, and it develops in the lining around the heart. People diagnosed with this form of the cancer rarely live more than six months. Symptoms can include heart murmurs, palpitations, and irregular heartbeat. Mesothelioma of the Testes Testicular mesothelioma happens when the disease develops in the lining of the testes. It is quite rare and can include symptoms such as testicle swelling and inflammation of the lining of the testicles. Patients diagnosed with this form of cancer may live two to three years with proper treatment. What Causes Mesothelioma? Mesothelioma is a signature tumor caused by prior asbestos exposure. Asbestos is a natural mineral fiber that has been used in millions of household and commercial products. This material cannot be absorbed by the body. Exposure commonly happens through breathing or swallowing particles of asbestos that are present in the air. Asbestos has been used since the 1970s in all kinds of building materials and consumer products. It is in wall boards, plumbing insulation, housing insulation, roof shingles, vehicle brakes, electrical products, and much more. As such, the highest concentration of mesothelioma cancer is found in blue-collar workers, trade workers, and veterans who have routinely worked with asbestos-infested materials. Examples include: Plumbers Pipefitters Welders & Ironworkers Roofers Navy machinists Electricians Steelworkers Oil refinery workers Brake mechanics Military veterans and civilian contractors are at high risk if they worked in naval shipyards or aboard navy vessels prior to the late 1970s, as asbestos products were liberally used by the government during that time period.

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Peritoneal Mesothelioma Lawyers in Buffalo, Rochester, and Syracuse, NY

Mesothelioma is a form of cancer that is diagnosed in roughly 200 New Yorkers each year. This form of cancer is caused by asbestos exposure, which commonly happens in certain types of workplaces, housing, and locations. Peritoneal mesothelioma is the second-most common form of mesothelioma cancer, accounting for approximately 15-20% of all mesothelioma diagnoses. Mesothelioma is quite deadly, with less than 18% of people living more than five years after receiving their diagnosis. One of the biggest reasons for this is that cancer symptoms may not show for 20-40 years after being exposed to the toxic mineral. If you or a loved one has been diagnosed with peritoneal mesothelioma because of asbestos exposure in your workplace, home, or environment, you may be entitled to compensation for your medical bills, lost wages, and more. At Lipsitz, Ponterio & Comerford, LLC, our experienced peritoneal mesothelioma lawyers have helped countless clients in Rochester, Syracuse, Buffalo, and across New York State, receive the compassionate care and legal expertise that they need after a diagnosis of peritoneal mesothelioma. What Is Peritoneal Mesothelioma? Peritoneal mesothelioma occurs when cancer from asbestos exposure develops in the lining of the abdomen wall. This is the second most common type of mesothelioma, affecting nearly 300 Americans each year. The abdomen holds most of a person’s major organs, including the intestines, liver, gallbladder, and stomach. These organs are at risk of becoming cancerous when the disease progresses into later stages. What Causes Peritoneal Mesothelioma? The only known cause for any form of mesothelioma is exposure to asbestos, a toxic substance that the human body cannot absorb. Asbestos is a natural mineral with a fibrous texture. This mineral creates a fine particle dust that carries easily in the air. When people handle products made from this material or when they live around industrial areas where asbestos-containing products are manufactured, the asbestos can settle in and around their home, clothing, and hair. Who Is Most At Risk? The largest group of people who are diagnosed with peritoneal mesothelioma are blue-collar workers, military veterans, and civilians who worked in naval shipyards. This includes: Navy veterans who lived aboard ships or worked in shipyards before 1980 Electricians Plumbers Roofers Carpenters Drywall hangers Renovators Concrete laborers Bricklayers General laborers Landscapers Secondary exposure effects have been recorded in family members of these primary groups, as well. This type of exposure happens when someone works around asbestos and gets fibers on themselves and in their clothing. When they come home to a spouse and children, the asbestos dust is carried into the home environment with them. In fact, many family members in the ‘60s and ‘70s were routinely exposed to asbestos fibers simply by washing the family’s clothing each week. Other documented cases show that large neighborhoods of people were exposed due to living near a manufacturing facility that used asbestos liberally, such as the Durez manufacturing plant in New York. Others were affected by living near mining operations, such as the Basalt mines in Jefferson County. In some cases, the asbestos dust from these facilities carried for miles on the wind and settled inside houses. What Are the Symptoms of Peritoneal Mesothelioma? The primary symptoms of peritoneal mesothelioma are abdominal distention and pain. Several other symptoms include: Loss of appetite Stomach swelling Unexplained weight loss Constipation or diarrhea Night sweats and chills Nausea Fever These symptoms are similar to those of several other diseases and disorders, which can make the cancer difficult to identify and treat in a timely manner. How Is Peritoneal Mesothelioma Diagnosed? Since peritoneal mesothelioma symptoms may not begin to appear until 20 years after the asbestos poisoning, the disease can be misdiagnosed for quite some time. When a patient feels that they may be at risk from asbestos exposure, they can insist on multiple medical opinions and have several tests run. The two primary types of tests that a doctor may use are scans and biopsies. A CT scan or X-ray may help doctors to see tumor growth on the abdomen wall or on any major organs. The results from scans are not always conclusive. A biopsy is the only definitive way to detect this condition. This means the doctor must extract tissue or fluid from the abdomen lining and have it tested in a lab. Your best option is to consult with a mesothelioma specialist in the Buffalo, Syracuse, and Rochester, NY, areas. A specialist is more experienced in dealing with this disease and is less likely to misdiagnose it. Contact us today for a free consultation.

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Malignant Mesothelioma Lawyers Serving Buffalo, Rochester, and Syracuse, NY

Malignant mesothelioma is a cancerous form of mesothelioma with a low survival rate. It primarily affects the lungs, but can also affect the abdomen lining, heart lining, or testicles. The New York State Department of Health classifies this as a rare disease, although there are approximately 200 new cases diagnosed in New York each year. Malignant mesothelioma is caused by exposure to a fibrous mineral called asbestos, which was heavily used in construction, building materials, and mining operations through the late 1970s. Many asbestos products are still in use today. Many hazardous sites of heavy exposure exist in and around Buffalo, Rochester, Syracuse, and areas across New York, and there are a number of industries, occupations, and trades that have exposed workers to deadly asbestos fibers. Unfortunately, many of the workers and their families never know about their exposure, as the symptoms of malignant mesothelioma can take over 20 years to appear. The experienced malignant mesothelioma lawyers at Lipsitz, Ponterio & Comerford are dedicated to focusing on helping victims who have been diagnosed with malignant mesothelioma. If you or a loved one have been diagnosed with this devastating condition there is a limited window of time for action. Let us provide the help and support you need during this trying time. What Is Malignant Mesothelioma? When tumors are found in the body and determined to be cancerous, they’re referred to as malignant. Malignant mesothelioma is a cancer of the lining of organs in your body. The most common form occurs in the lining of the lungs. The second most common form is when tumors develop in the lining of the abdomen itself, where most of your major organs are housed. A rarer version of this disease occurs when tumors develop on the lining of the heart, while the rarest form occurs when tumors develop in the lining of the testicles. Approximately 3,000 Americans discover they have malignant mesothelioma each year. Unfortunately, many of those people do not live more than 12 months after their diagnosis. Over 80% of patients die within five years. Malignant mesothelioma has a low survival rate in part because it can take over 20 years for symptoms to appear. Pleural Mesothelioma Malignant pleural mesothelioma happens when cancer develops in the lining of the lungs as a result of asbestos exposure. 75% of people diagnosed with mesothelioma have this type of condition. Mesothelioma is caused by exposure to asbestos, and much of that exposure comes through airborne dust and microparticles. When these particles are breathed in, they lodge in the lungs and become a long-term irritant that the body cannot absorb or discard. Pleural malignant mesothelioma is too often mistaken for general lung cancer, even in people who have never smoked cigarettes. Symptoms are similar, such as: A persistent cough Chest pain or heaviness Shortness of breath Trouble swallowing Fatigue and lethargy Unplanned weight loss Shoulder or upper back pain If this type of malignant mesothelioma is discovered early enough, it may be treatable through surgery. Doctors may be able to remove tumors, remove the lining of the lungs, or remove the afflicted lung. Successful treatment may improve life expectancy by two to five years. Peritoneal Mesothelioma Malignant peritoneal mesothelioma is a cancer in the lining of your abdomen. The abdomen is a large cavity that houses the body’s primary organs, such as the liver, stomach, spleen, and intestines. When malignant mesothelioma of the abdomen progresses into later stages, it can mean that one or more organs also have a cancerous mass. Some of the ways this type of mesothelioma can manifest include: Abdominal distention and swelling Vomiting with or without blood Diarrhea with or without blood Nausea or loss of appetite General fatigue General stomach pain As with other forms of malignant mesothelioma, peritoneal mesothelioma is caused by swallowing or breathing in minute particles of asbestos. This exposure can happen by working with asbestos products on a job site or by living near a manufacturer or mine. Peritoneal mesothelioma is frequently misdiagnosed because it has symptoms that mimic many other disorders. Some patients are diagnosed with irritable bowel syndrome), Crohn’s disease, or similar digestive problems instead. A wrong diagnosis can delay the appropriate treatment and dramatically shorten the patient’s life. The experienced malignant mesothelioma lawyers at Lipsitz, Ponterio & Comerford, LLC can review the facts of your case and determine whether you might have cause to a medical malpractice suit, which can help you to offset medical bills and lost time from work. Testicular Mesothelioma While rare, malignant mesothelioma can sometimes develop in the lining of the testicles. As with other forms of mesothelioma, this type of cancer can be overlooked or diagnosed.

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Sarcomatoid Mesothelioma Lawyers in Buffalo, Rochester, and Syracuse, NY

Sarcomatoid mesothelioma, which is sometimes called spindle cell mesothelioma, accounts for less than 20% of all mesothelioma cases. Though also rarest, this is the most lethal form of mesothelioma as it spreads very quickly throughout the body. Sarcomatoid malignant mesothelioma has the worst outcomes after treatment and patients have median life expectancy rates of five to eight months after diagnosis. This extremely brief time span makes it imperative for victims of this disease to contact the sarcomatoid mesothelioma lawyers at Lipsitz, Ponterio & Comerford who specialize in cases in Buffalo, Rochester, Syracuse, and across New York State. What Is Sarcomatoid Mesothelioma? Sarcomatoid mesothelioma is an extremely aggressive version of mesothelioma cancer that can spread itself quickly throughout the body. The cell shape sometimes mimics healthy cells, thus it is often difficult to diagnose. While this type of tumor can develop on the lining of the lungs, abdomen, heart, or testes, it is most often found in lungs. Occasionally, sarcomatous cell types will develop simultaneously with other mesothelioma cell types. It accounts for less than 15% of pleural mesothelioma cases, and more than 80% of sufferers have had direct exposure to asbestos. Like any other type of mesothelioma, sarcomatoid mesothelioma may incubate for 20 years or more before showing symptoms. Who Is at Risk for Sarcomatoid Mesothelioma? All types of mesothelioma are known to be caused by exposure to asbestos. This is a natural mineral that has a fine fibrous texture that easily floats through the air. Asbestos was a favored ingredient by manufacturers for decades because it was strong and heat resistant. It has been used in thousands of commercial and consumer products. The majority of people who were exposed worked in a trade industry building or repairing homes and businesses. The bulk of building materials throughout several decades contained asbestos, thus workers were continually exposed even after manufacturers knew of the associated health risks. Some of the asbestos products people worked with each day included: Electrical wires Pipe insulation Plastic molding Welding materials Automotive brake pads Sheetrock and drywall Roofing materials Building insulation Landscaping chemicals Plastics Caulks and Joint Compound Most of these products are used by skilled and unskilled laborers. The asbestos risk was particularly high for anyone who worked in a Navy shipyard or aboard a Navy sailing vessel as well, because the government used asbestos products extensively. An indirect result of exposure to military veterans and blue-collar workers was secondhand exposure for their loved ones. People who worked around these toxic materials often brought it home with them in the form of dust on their clothing and body. Children hugged their fathers and spouses handled the clothing when washing it each week, thus exposing everyone in the home. There are also established environmental exposure cases from people living too close to a manufacturing plant or mine. The Balmat mines in Jefferson County New York have caused one of the highest mesothelioma mortality rates in the entire country. Lipsitz, Ponterio & Comerford specializes in getting sarcomatoid mesothelioma victims in Buffalo, Rochester, and Syracuse, NY, the compensation they deserve. Symptoms of Sarcomatoid Mesothelioma The signs and symptoms of sarcomatous mesothelioma cells often don’t begin appearing for 20, 30, or even 40 years. Because of the way they can mimic normal cell structure, they’re often misdiagnosed or missed completely. Symptoms are also similar to other health problems, which can exacerbate delays in treatment. Some symptoms that may occur include: Difficulty breathing Pain or tightness in the chest Swelling of the abdomen Extra fluid around the lungs Loss of appetite Weight loss General fatigue Vomiting or nausea Pleural sarcomatoid mesothelioma may have treatment options if it is discovered quickly enough. Because this variety spreads so quickly, however, it is unlikely that doctors will be able to surgically remove the tumors. How Is It Diagnosed? Since the sarcomatous cell disguises itself as a normal cell, it can be easily missed with standard testing. It’s also quite rare in comparison to other mesothelioma cell types, and the symptoms closely resemble other health problems. When someone suffers from an incorrect diagnosis because a provider did not explore a patient’s medical history appropriately or failed to order tests, patients may have cause for a medical malpractice lawsuit. Call today for a free consultation.

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Asbestos-Related Lung Cancer Attorneys in Buffalo, Rochester and Syracuse, NY

Asbestos-related lung cancer is caused by inhaling asbestos fibers. It has been known since the mid-1930’s that asbestos exposure can cause lung cancer. The two forms of asbestos-related lung cancer are small cell and non-small cell lung cancer. Cigarettes or other tobacco products may also play a role in causing lung cancer. If you were exposed to asbestos and smoked cigarettes, your chances of contracting lung cancer are greatly increased. Smoking interferes with the lungs ability to remove asbestos fibers. Lung cancer caused by asbestos exposure is a latent disease, meaning the timeframe from your exposure to asbestos to the development of your lung cancer can range from 15 to 50 years. For example, you may have been exposed to asbestos in the 1960’s and developed lung cancer caused by asbestos today. If detected early, the lung cancer tumor can be successfully removed during surgery by either a lobectomy or wedge resection in which the surgeon removes a portion of your lung that contains the cancerous tumor. Chemotherapy or radiation have also been helpful in shrinking lung cancer tumors, although these cancer treatments have side effects. Most recently, immunotherapy, with the drug Keytruda, has been shown to shrink lung cancer tumors, without harsh side effects. If you or a loved one was exposed to asbestos and diagnosed with lung cancer, please call the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC. How Asbestos Causes Lung Cancer Asbestos-related lung cancer generally takes between 15 to 50 years to develop after exposure to asbestos. Asbestos-related lung cancer is a latent disease, and most cases are caused by occupational exposure to asbestos. At-risk occupations include plant workers, construction workers, pipefitters, electricians, veterans, shipbuilders and many other types of workers. When a person breathes in asbestos fibers, these tiny fibers become stuck in the person’s lungs. Over time, these microscopic fibers can become cancerous. Sometimes, prior to the onset of lung cancer, these asbestos fibers irritate and scar the lung tissue. This condition, known as asbestosis, makes the lungs stiff and causes difficulty breathing. The Modern Threat of Asbestos Exposure These days, we know better. By 2003, lung cancer and mesothelioma had become household terms and the world became well aware of the dangers of asbestos. Asbestos is well recognized as a health hazard; as a result, heavy regulations were established to protect public health by OSHA and EPA. In 1972 the OSHA regulations were put in place in the Federal register, in the law, and asbestos was the very first substance regulated by OSHA. Unfortunately, these regulations didn’t go so far as to ban the substance entirely. To this day, there is no asbestos ban in the United States. Asbestos is the leading cause of work-related deaths worldwide. More than 90,000 people die from asbestos exposure each year. It is expected that the mortality rate is going to continue to increase in industrial areas. Asbestos-Related Lung Cancer Risk Factors & Smoking history Amount of time working with asbestos Amount of asbestos worked with Genetics The Industries with High Asbestos Exposure Rates No amount of asbestos exposure is considered safe. However, we are all exposed to low levels of asbestos in the air we breathe every day. Ambient or background air usually contains between 10 and 200 asbestos fibres in every 1000 litres (or cubic metre) of air (equivalent to 0.01 to 0.20 fibres per litre of air). Luckily, the levels of asbestos in the air are low and generally do not cause sickness. In the late 1800s and throughout the 1900s, the material was used to create bricks, pipes, cement, and insulation. Its fireproof quality also made it the go-to material for safety coatings. As a society, we were so confident in the reliability of asbestos that even women and children participated in its mining and production. The majority of people who contract asbestos-related diseases, such as lung cancer, worked jobs that caused them to breathe in large amounts of asbestos. Some of these occupations include the following: Factory Workers Electricians Union workers Firefighters Shipyard workers Construction workers Building inspectors Miners Demolition crews Navy veterans Asbestos was used so widely for so long that the list of at-risk industries could go on for pages. In fact, even farmers and engineers have a moderate risk of exposure. At Lipsitz, Ponterio & Comerford, LLC we have worked with asbestos-affected clients from all walks of life. How Regulations Protect U.S. Workers OSHA has many regulations in place to prevent asbestos exposure in the workplace. The EPA also has regulatory authority and uses it to protect state and local employees who are not under an OSHA-approved safety plan. Contact us today for a free consultation.

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Second-Hand Asbestos Exposure Attorneys in Rochester, Syracuse, and Buffalo, NY

Home exposure, also known as secondary asbestos exposure or para-occupational exposure, occurs as an indirect result of working with or around asbestos materials. Prior to the late 1970s, asbestos was incorporated into numerous products used in both the manufacturing and construction industries. Asbestos can cause mesothelioma or lung cancer to develop years after initial exposure to asbestos dust and fibers. Home exposure generally occurred in the home, and when wives and children came into close contact with their husbands, fathers and brothers who were covered in asbestos-laden dust from the workplace. At Lipsitz, Ponterio & Comerford, our attorneys assist clients in filing third-party mesothelioma and lung cancer lawsuits against the companies that wrongfully failed to warn against the hazards of asbestos exposure. It is important to act quickly in order to avoid having your claim disqualified by the statute of limitations. It is even more important to act quickly so that your case can be heard and decided before you become too ill to participate. In addition to third-party lawsuits, our attorneys can also assist you in filing claims for Veterans’ Benefits, Workers’ Compensation and Social Security Disability benefits. If you are struggling in these kinds of circumstances, you don’t have to navigate the legal system alone. New York has one of the highest rates of asbestos disease in the nation. As a result, our attorneys have become highly skilled in handling second-hand asbestos exposure cases. We’ve helped countless clients in situations just like yours. Of course, we know that second-hand exposure can be hard to prove. Trust our team to start at the beginning and identify the liable parties. From there, we can help you pursue compensation. Our attorneys are committed to our clients, and we will see your case through to completion. We do not refer cases to other law firms, and we have a track record of achieving success for thousands of our clients and their families. If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, contact us today for a free and confidential case evaluation. How Second-Hand Asbestos Exposure Happens Asbestos fibers are extremely small and light and capable of being transported home on a worker’s clothing, hair and footwear. Because of non-existent or inadequate warnings on a variety of asbestos-containing materials used in many different industries, many individuals were exposed to asbestos prior to the late 1970s. Most often, women and children inhaled asbestos fibers that were brought home on the clothing of a family member who had direct daily contact with asbestos-containing materials. When wives and children came into close contact with their family members who were covered in asbestos-laden dust from the workplace, they had no idea that this dust could cause them harm. Even the relatively slight exposure involved in shaking out work clothes before doing laundry is enough to cause mesothelioma to develop years after initial exposure. Medical literature contains many examples of housewives contracting mesothelioma by washing work clothes. Children of exposed workers may also contract mesothelioma as a result of asbestos contamination originating from the workplace. In 2000, a summary review of mesothelioma from defined environmental exposures was published. It demonstrated that the overall summary risk estimate for mesothelioma for persons with household exposures was 8.1 times higher than that of unexposed persons. Once asbestos gets into the home, it can remain in the home permanently. Asbestos gets into the rugs, curtains and bedding, and it can become suspended by movement. Family members may then be exposed to asbestos twenty-four hours a day rather than partial exposure, which occurs in the workplace. Asbestos has no warning qualities; members of a household could have substantial exposure to asbestos without knowing they have been exposed. Second-hand asbestos exposure can be just as deadly as direct exposure. In a study of 90 women with mesothelioma (a cancer caused by asbestos), 64% were made sick by second-hand exposure. Any time a child or young adult becomes sick from asbestos, second-hand exposure is the most likely cause. So how does it happen? The usual suspects are construction workers, farmers, or asbestos professionals. When these individuals or their employers fail to follow regulatory protocols, they endanger the public. Leaving the workplace with asbestos-laced clothing can cause the material to become airborne. Below, we’ve broken down who is at risk of second-hand exposure and how it happens in the first place. As always, you can let Lipsitz, Ponterio & Comerford LLC can answer any questions you have. Contact us today for a free consultation!

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Environmental Asbestos Exposure Attorneys in Buffalo, Rochester and Syracuse, NY

Exposure to asbestos has been recognized as the cause of mesothelioma for nearly 60 years. While many cases of mesothelioma result from occupational exposure, mesothelioma can also result from environmental asbestos exposure. Environmental asbestos exposure occurs in neighborhoods surrounding industrial facilities that used or processed substantial amounts of raw asbestos fibers. For those living near an asbestos source, the magnitude of increased mesothelioma risk depends on proximity to the emission site and the rate and quantity of asbestos emitted, weather conditions and prevailing wind direction. For instance, high asbestos emission levels at the Durez plant in North Tonawanda, New York, between 1959 and 1978 have resulted in several cases of mesothelioma among neighborhood residents. Approximately 76 former Durez employees have been diagnosed with mesothelioma, and at least five cases of mesothelioma have been reported among the community of people living or working near Durez. Because malignant mesothelioma is a rare disease, the unusually high incidence of mesothelioma among Durez workers demonstrates that they are at a greatly increased risk of developing the disease. Increased mesothelioma risk among the Durez workforce also confirms evidence that environmental asbestos exposure is the cause of mesothelioma among nearby residents. Durez mixed raw asbestos with other materials to strengthen the plastic molding compound it manufactured. This was an extremely dusty process, and dust collectors were used to siphon off dust from the mixers. The dust collectors were not effective, however, and asbestos dust escaped into the surrounding neighborhood. Air currents disseminated the asbestos dust throughout the community, where it settled on residents’ homes, lawns, cars, and swimming pools. According to industrial hygiene and epidemiological studies, air currents have the ability to carry asbestos far distances depending on the strength and pattern of the wind. Therefore, even residents who live significant distances from an asbestos source can have an elevated risk of mesothelioma caused by environmental exposure. For example, studies have reported a significantly elevated risk among women living around facilities that used crocidolite, and as far as 1.5 miles if their residence was in the direction of prevailing winds. Environmental asbestos exposure also increases the risk of developing mesothelioma for those living near a source of naturally occurring asbestos. This is the case in Jefferson County, New York, where naturally occurring asbestos formations exist throughout talc deposits. These deposits, known as the Balmat mines, were actively mined from 1968 to 1981 by International Talc Co., later known as Gouverneur Talc. As a result of the mining of these naturally occurring asbestos formations, residents of Jefferson County near the mines were environmentally exposed to asbestos. Jefferson County has continually had one of the highest mortality rates for mesothelioma in the United States, and the mesothelioma rate is now five to ten times the background rate, among the general population. Environmental exposure to asbestos from living or working near facilities like Durez or near mines like the Balmat mines put many residents in these communities at risk for developing mesothelioma or lung cancer. The strength of a claim involving environmental exposure depends, in part, on ruling out other exposures to asbestos or agents that cause cancer. If you worked at a steel mill or in a similar occupation where you were exposed to asbestos and also lived near an industrial site where asbestos was used, both exposures would likely factor into the cause of your disease. These companies knew about the dangers of asbestos long before the rest of the world. They endangered many lives with their silence and are now being held responsible. At Lipsitz, Ponterio & Comerford, we have worked with many victims of asbestos exposure. If you bring your case to our team, you can trust us to handle it with care, knowledge, and experience. If you or a loved one believe you were environmentally exposed to asbestos and have been diagnosed with mesothelioma or lung cancer, we urge you to contact us regarding your legal rights.

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Talc & Asbestos Exposure Attorneys in Buffalo, Rochester and Syracuse, NY

Talcum powder has been a staple in households across the United States for decades, but this seemingly harmless powder has been linked to cancer when it contains asbestos. What Is Talcum Powder? Talc is a clay mineral made up of hydrated magnesium silicate and oxygen mined from the rock deposits in the earth. Manufacturers crush, dry and mill talc into a fine, soft white powder called talcum powder. As a powder, talc easily absorbs moisture, prevents caking, and aids in keeping skin dry in order to prevent rashes. The talcum powder adds softness and shine to products, which makes it a common ingredient in cosmetics. Talc is also used as a thickening agent and lubricant, and is also an ingredient in many industrial products including paint and joint compound (mud). Some talc, in its natural form, contains asbestos, which is a known carcinogen. Exposure to asbestos may cause mesothelioma or lung cancer. Many talc deposits are contaminated with asbestos due to their proximity to tremolite mines. Tremolite is a type of asbestos. Baby powder represents the cornerstone of the Johnson & Johnson baby products franchise; and they have a large investment in a talc mine. Despite this, they knew it would be very bad for business if it became known that talc contained asbestos. Yet, an article by Drs. Hughes and Kalmer appeared in June 1966 American Journal of Diseases of Children that states: “In conclusion, it is strongly urged that talcum powder be removed from the environment of children and the traditional association of talcum powder and babies be abandoned. It has no medicinal value; wherever placed it serves as a foreign body; and at least three deaths and an unknown morbidity have resulted from this silicate powder.” In 1972 the OSHA regulations were put in place in the Federal register, in the law, and asbestos was the very first substance regulated by OSHA. There was recognition that this substance, while it wouldn’t hurt the vast majority of people exposed to it, was so dangerous that we had to protect our people. OSHA is not the only organization that recognizes the dangers of asbestos. Organizations worldwide have quantified and agreed that THERE IS NO SAFE LEVEL OF EXPOSURE to ANY TYPE OF ASBESTOS. If you've been exposed to talc or asbestos and developed mesothelioma or lung cancer, please contact us today for a free consultation. We can help!

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Railroad Injury Attorneys (FELA) in Buffalo, Rochester, and Syracuse, NY

Experienced Railroad Injury Attorneys Helping Victims Recover Compensation For Their Injury or Illness Including Mesothelioma and Lung Cancer. Railroad workers faced dangerous work conditions throughout the 19th and 20th centuries. As a result, in 1908, the United States Congress passed the Federal Employers Liability Act, commonly referred to as FELA, allowing Railroad workers to directly sue their Railroad employer for any injury suffered on the job. These workers were at risk for injury due to accidents, derailments, collisions and faulty equipment. Due to their exposure to asbestos and diesel exhaust, railroad workers are also at a substantially higher risk for occupational diseases, such as mesothelioma, lung cancer and laryngeal cancer. These diseases show up years after the worker’s initial exposure. The railroad injury attorneys at Lipsitz and Ponterio, LLC have represented Brakemen, Conductors, Engineers, Firemen, Switchmen, and railroad maintenance workers who developed cancer as a result of their exposure to dangerous levels of both asbestos and diesel exhaust. FELA requires a railroad to use reasonable care to provide its employees with a safe place to work. This duty includes the obligations to maintain the workplace in a reasonably safe condition and to provide employees with reasonably safe and sufficient equipment. There is an absolute duty upon the railroad to provide a locomotive free of all safety hazards for the workers. Prior to the late 1970s, railroad workers were exposed to asbestos-containing insulation materials used on cab heater lines, steam generators, steam boilers, the Y pipe that leads to the cab heater, governor lines, radiator supply and return lines, air compressor discharge lines, oil preheat lines, and expansion tank lines. Due to wear and tear, asbestos insulation materials required frequent removal and replacement. Both processes emitted large amounts of asbestos dust and fibers, which workers inhaled. Asbestos-containing brakes were another source of asbestos exposure for Railroad workers. When the brakes were engaged, asbestos dust was emitted and exposed railroad workers to dangerous levels of asbestos dust. By the mid-1950s, diesel locomotives began replacing steam-driven locomotives. Idling diesel locomotives emitted large quantities of diesel exhaust. Open locomotive windows, cracks in the body of the cabs, and leaks in the diesel exhaust system caused workers to inhale diesel exhaust. Railroad workers commonly refer to the blue haze they could see when the locomotives were left running. Some of the Railroads owned and operated throughout the State of New York in the 20th Century include: Arcade and Attica Railroad Bath & Hammondsport Railroad (B&H Rail Corporation) Buffalo Creek Railroad Conrail Consolidated Rail Corporation Delaware and Hudson Railway Company Erie Lackawanna Railroad Erie Railroad Livonia, Avon and Lakeville Railroad Lowville and Beaver River Railroad Massena Terminal Railroad New York & Lake Erie New York Central Railroad Norfolk Southern Railway Ontario Central Railroad Ontario Midland Railroad Penn Central Pennsylvania Railroad South Buffalo Railway Vermont Railway About the Federal Employer’s Liability Act The Federal Employer’s Liability Act makes it much easier for railroad injury attorneys to submit a successful railroad injury claim. In fact, this act gives each victim the choice between submitting a claim on the federal or state level. The FELA also helps injured individuals by greatly reducing the burden of proof to bring a claim. The only requirement is that you provide proof that the injury was sustained as a result of railroad negligence. Keep in mind that the FELA only covers railroad employees. Other drivers or pedestrians do not fall under the umbrella of this act. To exercise your FELA rights, you must follow its guidelines. Start by notifying your immediate superior of the injury. Then, ask your union representative for assistance and consult with one of our attorneys, as well. We will advise you to take the following steps: Make a prompt visit with a doctor File an application to the Railroad Retirement Board for disability benefits Gather up the information (names and contact info) of any witnesses to the injury If possible, take photos of the area where the accident occurred, including any equipment that was involved If possible, take photos of your injuries while they are still fresh The damages you may recover will depend on several factors. But by following these steps, you’ll be more likely to receive fair compensation. Our railroad injury attorneys will help you pursue these kinds of damages: Medical expenses Pain and suffering Lost employment Shame and emotional trauma as a result of disfigurement or disability A railroad injury can leave you with these damages and more. Call today for a free consultation.

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Wrongful Death Attorneys in Buffalo, Rochester, and Syracuse, NY

Accidents and injuries happen every day. When someone dies due to the negligence of another person or entity, a wrongful death claim may be filed to recover for damages arising from the negligence. If you have lost a loved one because of someone else’s negligent behavior, it is important to contact wrongful death attorneys. A trusted legal expert will build a powerful case to recover the compensation that your family deserves. The loss of a loved one or family member is one of the most difficult experiences that anyone can face. This is especially true when the death was the preventable result of carelessness. Wrongful death cases occur in a number of different situations, including auto accidents, construction accidents, medical malpractice, and product liability cases. The point of a wrongful death case is to secure full and fair compensation to survivors of injured victims. No amount of financial compensation can make up for the loss of someone you love. But speaking with a personal injury lawyer from Lipsitz, Ponterio & Comerford, LLC, can help you to move forward after a wrongful death. Understanding Wrongful Death Cases Wrongful death cases are slightly different from other types of tort lawsuits. In this type of claim, there are certain elements that the claimant must prove in order to recover compensation. The plaintiff must show that the liable party acted negligently toward the decedent. The claimant must also prove to the court or insurance provider that this negligent behavior contributed to the victim’s death. The wrongful death attorneys at Lipsitz, Ponterio & Comerford, LLC have plenty of experience representing the surviving families of accident victims. Let our team recover the financial compensation that you need to get your life back on track. One of the key elements of wrongful death cases is the legal concept of “negligence.” For a wrongful death case to be successful, the plaintiff must prove that the other party behaved negligently. Proving negligence in a tort case involves the following four elements: Duty of Care The plaintiff must prove that the at-fault party owed a duty of care to the victim. This type of duty can be implicit or explicit. For example, a driver on a roadway has a duty of care to other motorists and pedestrians. While operating a motor vehicle, drivers have the duty to maneuver in reasonably safe and legal ways. Breach of Duty The claimant must also provide evidence that the defendant’s actions breached the duty of care. When someone drives under the influence of drugs or alcohol, for example, they are breaching the duty of care that they have toward other motorists. There are many different contexts in which a negligent party can breach their duty of care toward others. Cause To prove negligence, the plaintiff must show that the at-fault party’s breach of duty caused harm to the victim. In wrongful death cases, the liable party’s actions must have contributed to the death of the victim. If the liable party’s actions were not a contributing factor to the person’s death, the claimant will not be able to establish negligence. Damages and Injuries The claimant must prove that the liable party’s negligent actions caused harm and damages to the victim. In these cases, the plaintiff must show that these injuries led to the death of the victim. Certain types of wrongful death cases involve different sets of criteria. For example, the conditions for defective products and assault cases are distinct. Each wrongful death case is unique. That is why it is vital to consult with a legal professional. If you have questions about a claim in Buffalo, NY, contact experienced wrongful death attorneys. The accomplished personal injury lawyers at Lipsitz, Ponterio & Comerford, LLC will carefully assess the facts of your case. We will help establish your wrongful death claim. Our team will also help determine the value of your case. Common Examples of Wrongful Death Cases Personal injuries can lead to death in many diverse contexts. When someone behaves in a negligent way, their actions can cause damage to others. Some of the most common types of accidents that result in wrongful deaths include: Car Crashes Automobile accidents are one of the leading causes of wrongful death cases each year. In the state of New York, more than 1,000 people are killed in motor vehicle collisions annually. Other types of vehicular collisions can also result in wrongful deaths. Some examples include: Motorcycle accidents Commercial truck accidents Pedestrian accidents Boating mishaps If someone you love has been killed in a motor vehicle accident, reach out to the accomplished wrongful death attorneys at Lipsitz, Ponterio & Comerford, LLC.

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Medical Malpractice Lawyers in Buffalo, Rochester, and Syracuse, NY

When you are ill or injured, it is important to seek care from a trained medical professional. Patients place an enormous amount of trust in their doctors and other caregivers. These medical experts are responsible for the well-being and safety of their patients. Sadly, trust in some medical professionals is misplaced. When a doctor, nurse or other medical provider behaves negligently and harms a patient, it is known as “medical malpractice.” Unfortunately, medical malpractice happens often in the United States. One recent study found that medical errors are the third leading cause of death nationwide. If you or someone you love has been affected by a medical provider’s negligence, consult with medical malpractice lawyers as soon as possible. Medical malpractice claims are among the most difficult cases to evaluate, litigate, and ultimately prove at trial. The legal team at Lipsitz, Ponterio & Comerford, LLC, has the skills and experience necessary to handle any type of medical malpractice case. Victims of medical malpractice deserve the best representation possible from trustworthy and knowledgeable attorneys. Understanding Medical Malpractice Medical malpractice occurs when a medical care professional makes a mistake that causes harm to a patient. When a medical care provider gives substandard, faulty, or negligent treatment, it qualifies as an instance of medical malpractice. However, not every instance of medical error will result in a successful medical malpractice case. That is why it is so vital to speak with a qualified legal professional as soon as possible, in order to have each case properly evaluated. In order to succeed with a medical malpractice claim, you must prove that the medical provider failed to practice what is referred to as the “standard of care.” This refers to the general standard of practice for a reasonable practitioner in a particular area of medicine. Unfortunately, just showing that you suffered a bad result from a medical treatment or procedure is not sufficient to meet this burden. To succeed, the injured victim must prove that the medical provider did something a reasonable physician would not have done, or failed to do something a reasonable physician would have done. If a departure from the “standard of care” is established, then it must also be established that the mistake or error proximately caused the patient’s injury. Proving a departure from the “standard of care” but failing to prove causation will result in the plaintiff losing at trial. The four elements of medical malpractice cases are: Duty of Care When a doctor-patient relationship exists, the medical care professional has a duty to provide a reasonable standard of care. They are required to take the actions of a reasonable, competent, and trained medical professional. Physicians, nurses, and surgeons have specialized training. Because of this, they are expected to take informed actions to promote the patient’s health and well-being. Claimants must show that they had a doctor-patient relationship with the medical care provider in question. In most cases, it is simple for injured patients to prove that this type of relationship existed. Breach of Duty Each medical care professional must provide the same quality of care that a similarly trained medical professional would offer in that particular situation. If their care fell below the accepted professional standard, they may be the subject of a medical malpractice claim. Typically, this element is the crux of a medical malpractice case. An attorney will explore the circumstances of your situation to explore the strength of this claim. When you consult with skilled medical malpractice lawyers, they will determine whether another doctor would have made the same mistake. If not, your medical care provider may be held liable for medical malpractice. Actual Harm Not every medical mistake qualifies as medical negligence or malpractice. To qualify, the patient must prove that the medical professional’s mistake resulted in actual harm. If the correct diagnoses would have resulted in the same treatment, no harm has been done to the patient. This would not qualify as an instance of medical malpractice. This element of medical malpractice cases can be complex. These cases often involve claimants who already suffered from injuries or illnesses. In these instances, it can be complicated to prove that the doctor’s mistakes were the direct cause of the harm to the patient. In a successful medical malpractice case, the plaintiff must show that their doctor’s mistake resulted in actual harm. Quantifiable Damages Finally, the claimant in a medical malpractice case must show that their damages are quantifiable. That is, they must show that financial recovery is appropriate compensation for the harms that they suffered. Schedule your free consultation today!

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Personal Injury Lawyers in Buffalo, Rochester, and Syracuse, NY

A personal injury can change your life. If you or a family member was injured in an accident or incident that was not your fault you may be entitled to compensation. Personal injury law exists so that injured parties can secure the justice they deserve when they have suffered due to another person’s negligence. Unintentional injuries are the third leading cause of death in New York. Every year, approximately 7,700 New Yorkers will die from accidents. About 1,100 of those accidental deaths will happen in Buffalo, Rochester, or Syracuse. Many more New York residents will survive their injuries but suffer long-term disabilities. Residents of New York make 700,000 visits to the emergency room every year as a result of accidental injuries. These injuries range from superficial cuts to traumatic brain injuries (TBI). Not all accidental injuries will support a claim for injury compensation. An experienced injury lawyer at Lipsitz, Ponterio & Comerford, LLC, can help evaluate your case and secure the compensation you need to make yourself whole. Legal Liability for Accidents in New York A personal injury, or tort, claim is a lawsuit filed by an injured party to claim compensation for injuries suffered in an accident. This compensation is broader than what is generally available from insurance coverage. New York law recognizes three forms of legal liability for injuries to others: Intentional Torts, Unintentional Torts (Negligence), and Strict Liability. Intentional Torts Intentional torts are injuries that occur due to someone else’s intentional actions. Intentional torts require proof of general or specific intent. For example, someone who pushes you in a brawl might not intend to hurt you. When you fall and fracture your skull, that person has committed an intentional tort and you may have a claim for injury compensation. Common intentional torts are intentional infliction of emotional distress, battery, assault and false imprisonment. The state uses criminal laws to punish people for their criminal acts. Injured people use tort law to secure compensation from wrongdoers for their injurious acts. Negligence A negligent tort is an injury that occurs when one party owes a duty to another party and fails to act as a reasonable person under the circumstances. Unlike intentional torts, it is not necessary to prove that the at-fault party intended to engage in the injurious action. Instead, you only need to prove that the at-fault party did something that a reasonable person would view as dangerous. Specifically, the elements of negligence include: Duty The at-fault party must owe you a duty of care. Some relationships give rise to a special duty of care. A motorist has a duty to other drivers to drive in a reasonably prudent manner. A healthcare provider has a duty to patients to provide reasonable standard of care under the circumstances. An owner or occupier of premises owes a duty to guests and invitees to take reasonable steps to identify and fix hazards on the premises. Breach The at-fault party must have breached their duty of care. For example, a distracted driver who causes an automobile accident has breached the duty to drive in a reasonably safe manner. But if your injuries happened when a truck driver’s semi-trailer gets blown over by the wind, your injuries might have resulted from an accident, rather than negligence. Causation The breach must have caused your injuries. Causation has two parts. Cause-in-fact means that the breach was in the chain of events that ended with your injury. Proximate cause means an injury was a foreseeable result of the breach. This does not require the at-fault party to foresee your exact injuries. Instead, it only requires that your injuries would be a reasonably expected result of the at-fault party’s actions. Damages You must suffer damages. When you suffer an injury, you will probably have damages. Damages can include your medical expenses, lost income from missed work, and pain and suffering. Strict Liability Strict liability applies when the at-fault party’s intent does not matter. Strict liability in tort law applies broadly to the possession of certain animals and abnormally dangerous activities. In New York, dog bites are a common example of strict liability. In products liability, strict liability applies when a defective product such as asbestos causes injury. Examples of Injury Incidents in Rochester, Syracuse, and Buffalo, NY Buffalo, Rochester, and Syracuse experience the same kinds of incidents you will find in other parts of New York. The attorneys at Lipsitz, Ponterio & Comerford, LLC, have experience litigation personal injury claims, including: Automobile Accidents Every month, Erie County sees about 450 injuries and four deaths due to automobile accidents. Monroe County experiences about 330 injuries and four deaths every month. If you were injured, contact us for a free consultation.

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Car Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

Thousands of people are involved in injury-related motor vehicle accidents every year, as drivers, passengers, and/or pedestrians. If you are injured in an automobile accident, you should seek immediate medical attention. If you are seriously injured, you need an attorney who will protect your rights throughout the entire post-accident process. Insurance companies do not always have your best interest in mind. The qualified attorneys at Lipsitz, Ponterio & Comerford, LLC handle all types of motor vehicle accident cases, including driver and passenger injury cases, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. At Lipsitz, Ponterio & Comerford, you will work with experienced attorneys and a dedicated staff who will acquire all of the necessary evidence and information needed to pursue your case. If you are seriously injured in a car accident caused by the carelessness of another person, we will provide you with the representation you need. What to do after an auto accident: Immediately following your automobile accident, whether you are a pedestrian who was hit by a car, a bicyclist, driver and/or passenger involved in an auto accident, you should contact the police. If you have been injured, you should contact appropriate medical personnel immediately. DO NOT sign any agreement, admit to fault or provide any statements to an insurance adjustor who may show up at the accident scene. The time period immediately following an accident leaves victims vulnerable, and during this time, victims are likely to provide inaccurate statements due to injury, confusion or stress that the accident has caused. Call your insurance company as soon as possible to report the accident. It is very important that you do this so that your insurance company can begin to pay any bills related to the accident. Failure to file a report with your insurance company could mean a loss of claim money related to your accident. Complete all New York State no-fault paperwork. Contact us. In Erie and Monroe Counties, car accidents are the top reason for injury-related deaths. In Onondaga County, car accidents are the fourth leading cause of accidental deaths. The deaths and injuries that result from car accidents are often preventable. According to the U.S. National Highway Transportation Safety Administration (NHTSA), driver errors cause nearly 95% of car accidents. Car Accident Statistics in Western New York Buffalo sees over 400 injuries and four deaths every month due to car crashes. Rochester car crashes cause about 330 injuries and four deaths every month. Car accidents in Syracuse cause about 150 injuries and two deaths every month. Car accidents result in over $30 million in emergency room charges every year. The typical emergency room visit costs car accident victims nearly $2,000. The average cost of a hospital stay for a car accident victim is over $40,000. Approximately 30% of hospitalized car accident victims in Erie County are diagnosed with a traumatic brain injury. This results in an average hospital stay of seven days. Causes of Car Accidents in New York Like most places in the U.S., car accidents in Buffalo, Rochester, and Syracuse usually result from driver errors. Some common driver errors include recognition errors, decision errors, performance errors and non-performance errors. Recognition Errors Recognition errors occur when a driver fails to recognize a traffic situation. These errors result from distractions, inattention, and improper lookout. Recognition errors account for over 40% of car accidents. Decision Errors Decision errors occur when a driver understands the traffic situation, but makes the wrong decision. Decision errors can arise from many circumstances, including: Misjudging an approaching car’s speed Misinterpreting another driver’s intentions Incorrectly estimating the distance between the vehicle and an obstacle Misunderstanding the effects of road conditions Misreading road curves Overestimating the driver’s abilities Decision errors cause over 30% of car accidents. Performance Errors Performance errors occur when the driver understands what to do, but doesn’t do it. Common performance errors include: Overcompensating after an error Over-steering a turn Under-steering a turn Failing to brake hard enough Braking too hard Performance errors account for over 10% of accidents. Non-Performance Errors Non-performance errors occur when the driver cannot drive. Non-performance errors commonly arise from intoxicated, drowsy, or medically incapacitated drivers. Non-performance errors lead to about 7% of accidents. Getting Compensation for Car Accident Injuries in New York New York’s follows a “no-fault” car insurance system. Under New York’s no-fault law, compensation is provided to people injured in car accidents up to the statutory maximum payment amount. Contact us for a free consultation.

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Product Liability Lawyers in Buffalo, Rochester, and Syracuse, NY

Each year, thousands of consumers across the country are injured by defective products. If you were injured by a product, you may be eligible to file a lawsuit seeking compensation for your injuries. When a manufacturer creates and sells a defective product, the manufacturer puts thousands of unsuspecting consumers at risk of harm. If you were injured by a defective product, the experienced team of attorneys at Lipsitz, Ponterio & Comerford, LLC will fight with you to hold the manufacturers accountable and get you the compensation you deserve. Product liability cases allow injured consumers to recover the costs of the harm that they sustained. Following an injury, victims have the right to pursue a lawsuit against the wholesaler, distributor, retailer, or manufacturer of the faulty product. Depending on the nature of the defect, different parties may be held accountable for the resulting damage. It is vital to consult with a skilled lawyer as soon as possible following a faulty product injury. The trusted team at Lipsitz, Ponterio & Comerford, LLC has successfully litigated complex product liability claims. If you believe you have a product liability lawsuit, reach out to our product liability lawyers in Buffalo, Syracuse, or Rochester, NY to learn more about product liability litigation. Categories of Product Defects In New York State, a product can be defective based upon a faulty design, a manufacturing defect or due to the manufacturer’s failure to include adequate warnings and instructions. The defendant(s) in a products liability action are the manufacturers of the product and the sellers, such as the wholesaler, distributor or are several different categories of defects in product liability cases. Defects in Manufacturing This type of product defect is the result of errors in the manufacturing, assembly or fabrication processes. The product caused injury because it did not perform as intended. Often, an issue during the manufacturing process caused a dangerous defect that the product otherwise would not have contained. In New York State, a manufacturer of a product or component part owes a duty to use reasonable care in the manufacture of the product or component so that it will be reasonably safe for its intended or foreseeable uses. A reasonable standard of care means that the degree of care that a reasonably prudent manufacturer would use in the making, inspecting and testing of the product, its components and materials, in order to product a reasonably safe product. Usually, manufacturing defects only affect a small percentage of the entire product line. Under the legal theory of strict liability, the plaintiff does not need to prove that the defendant acted negligently in order to recover damages. The fact that the material was inherently dangerous is enough to establish that the defendant breached its duty. For example, under a strict liability theory in asbestos claims, the existence of a duty is shown when there is a commercial supplier that manufactures or distributes the product (not just a casual seller) and the mere fact that the product was dangerous or defective is enough to establish a breach of the supplier’s duty. Design Defects This type of product defect is not the result of the fabrication or assembly process. Design defects are flaws or faults in the original blueprints or designs of consumer products. If a certain design results in a product that is unreasonably hazardous or dangerous, the product is defective. You should not have to worry that the products you purchase are dangerous when they are used correctly. To determine whether a design defect was the cause of your injury, consider the following questions: Was the product’s fault present in the planning stage? Was the potential danger of the product foreseeable? Was a safer product design possible and economically viable? If the answer to any of these questions is “yes,” you may be able to recover financial compensation with the help of product liability lawyers. Failure to Adequately Warn Failure to Warn claims arise where the defendant did not adequately warn the user of the dangers associated with the product. In New York, manufacturers have a duty to warn of latent dangers (those that result from foreseeable use of the product) and dangers resulting from unintended uses of the product that are reasonably foreseeable. You may also have a valid legal claim if the manufacturer failed to warn consumers of possible hazards from the use of the product. Any entity involved in the chain of distribution for a product can be held accountable if there was a lack of adequate warning. Contact us today for a free consultation.

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Truck Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

There are over ten million commercial trucks in the United States. These commercial freight trucks often weigh twenty times the weight of a passenger car at around 80,000 pounds. Oftentimes, the drivers of these massive commercial trucks are overworked or drowsy. Unfortunately, it only takes one misstep to result in devastating injuries. If you or a loved one has been injured in an accident with a truck, please call the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC today. Common Questions in Truck Accident Cases If you were involved in an accident with a delivery truck, eighteen-wheeler, or other commercial truck, claiming compensation can be complicated. That is why it is critical to discuss your case with a knowledgeable legal professional. Some of the most important legal questions that arise following any truck accident include: Who is liable for the collision and resulting injuries? Does the trucking company bear legal liability? Who is the owner of the truck? What cargo was the truck carrying? Were any regulations being violated? And more When you consult with a personal injury attorney at Lipsitz, Ponterio & Comerford, LLC, we will thoroughly examine the circumstances of your case. Gathering information and evidence can help to determine the viability of your truck accident claim. Common Causes of Commercial Truck Accidents According to one study from the Federal Motor Carrier Safety Administration (FMCSA), negligence is the driving cause of nearly 90% of commercial trucking accidents. When someone’s negligence has caused you to become injured, you deserve justice. The leading cause of truck accidents is driver error. The most common scenarios that result in driver error are driving fatigue, drug or alcohol use, and faulty equipment. Driver Fatigue Because of the long shifts that many truck drivers must work, fatigue is a common problem. Most truck drivers are compensated by the number of miles that they drive. Some drivers are tempted to speed in order to make more money. Also, many truck drivers work more hours than other types of employees. The FMCSA has instituted regulations regarding the number of hours that truck drivers can work. For example, truck drivers cannot drive more than 11 hours in any 14-hour period. They are also prohibited from working more than 60 hours in any seven-day period. These regulations are intended to ensure that drivers get enough rest. However, some truck drivers and companies violate these rules. When this happens, they may be driving while fatigued. Driving while fatigued or drowsy can cause: Impaired judgment Decreased reaction times and breaking opportunities Lessened ability to control the vehicle Inability to make safe and reasonable driving decisions When truck drivers do not get adequate rest, they are more likely to maneuver in negligent or dangerous ways. Drug and Alcohol Impairment Obviously, truck drivers are legally prohibited from using drugs or alcohol while they are working. Still, some drivers do operate their vehicles under the influence of alcohol or other drugs. Driving under the influence is incredibly dangerous in normal passenger vehicles. Because of the enormous size of commercial trucks, driving a truck while intoxicated can lead to even more disastrous accidents. Commercial drivers are subject to drug screenings before qualifying to drive a freight truck. Also, the FMCSA requires companies to enact randomized drug tests on employees each year. Driving while under the influence of drugs or alcohol can cause: Delayed reaction times Impaired judgment Drowsiness Blurred vision And more After a truck accident, the driver is also subjected to a drug test. The involvement of drugs and alcohol increases the risks of dangerous trucking accidents. Faulty Equipment Another leading cause of truck accidents is faulty equipment resulting in mechanical failure. Faulty equipment can be the result of manufacturing errors, including defective tires or bras, and design problems, such as a failure to include object detection systems. Even if there are no problems in the manufacturing or design of trucking equipment, proper maintenance is required. Failing to adequately maintain commercial trucking equipment can result in mechanical failure. A few common maintenance oversights include: Lack of brake system maintenance Depowering or removing front brakes Failure to adequately secure the trailer Inadequate securing of freight Improper tire maintenance and replacement These are only a few examples of the common causes of commercial trucking accidents. Other examples include traffic signal failure, inclement weather, and road design problems. Because these cases can involve a complex range of factors, it is critical to speak with a lawyer. The truck accident lawyers at Lipsitz, Ponterio & Comerford, LLC serve accident victims in Buffalo, Rochester, and Syracuse.

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Brain Injury Lawyers in Buffalo, Rochester, and Syracuse, NY

Experienced Traumatic Brain Injury Attorneys Serving Buffalo, Rochester, and Syracuse for over 25 years If you or a loved one suffered a traumatic brain injury (TBI) due to the negligence of another, you may be entitled to financial compensation. TBI survivors face lifelong physical, psychological, and social challenges, often including loss of independence. Additionally, the families of a TBI survivor face challenges, such as caring for their loved one and the financial cost of daily care and medical treatment. At Lipsitz, Ponterio & Comerford, LLC our experienced and compassionate team of attorneys and staff are here to help you through every step of the legal process. Understanding Traumatic Brain Injuries The term “brain injury” refers to a broad category of injuries. Brain injuries can result from many different types of accidents and mishaps. TBI’s can cause various types of physical, psychological, and social challenges. A TBI survivor may be unable to return to work, face difficulty performing daily tasks, experience difficulty communicating, require daily care, and have extensive medical and treatment costs. Common Brain Injuries Concussions Contusions Hematomas Skull fractures Even minor brain injuries are very serious and require immediate medical attention. Brain injuries are typically organized into two distinct categories: closed head injuries and open head injuries. Closed Head Injuries This type of traumatic brain injury is usually the result of excessive force or impact to the victim’s head. When the head suffers an impact, the brain can jostle inside of the skull. If the victim’s brain collides with the inside of the skull bone, it can result in damage to the soft tissue of the brain. Closed head injuries can also result from accidents that do not involve a forceful impact. For instance, oxygen deprivation and exposure to certain toxins can cause damage to a person’s brain. Open Head Injuries The soft tissue of the brain is housed inside the skull bone. The brain is also protected by cerebrospinal fluid that provides cushioning. The skull and cerebrospinal fluid provide natural protection from potential trauma. Open head injuries occur when the skull bone is fractured or pierced. In most cases, open head injuries are the result of a foreign object colliding with the victim’s head. For instance, a bullet or knife wound to the head can cause an open head injury. Car accidents also have the potential to result in fractured or pierced skull bones. No matter what type of traumatic brain injury you have suffered, you deserve justice. If another party’s negligence resulted in harm to you, contact the experienced brain injury lawyers at Lipsitz, Ponterio & Comerford, LLC. Our dedicated attorneys will fight tirelessly to recover financial compensation in your personal injury case. Common Damages in Brain Injury Cases The legal term for the financial compensation paid to accident and injury victims is “damages.” If someone else caused you to sustain a traumatic brain injury, you can seek various types of damages. In personal injury cases, there are two primary categories of damages. They are “economic” and “non-economic” damages. Medical Bills Even minor brain injuries can result in significant medical bills and expenses. Victims may claim financial recovery for the treatments and medications needed to treat their brain injury. Common medical expenses following a brain injury include: Hospital stays Doctor’s visits Rehabilitation Occupational therapy Nursing case And more You should not bear the medical costs of a brain injury that you did not cause. Lost Wages Brain injury victims are often unable to work because of their associated symptoms. Missing substantial time at work can result in missed paychecks and lost income. Personal injury victims can pursue damages for this financial loss. Skilled brain injury lawyers can pursue compensation for victims’ diminished earning capacity in the future. But monetary costs are not the only negative outcome of accidents resulting in brain injuries. Victims typically face significant emotional and personal difficulties. These types of negative outcomes can justify claims of non-economic damages. Non-economic damages are losses that do not entail a specific dollar amount. Some examples include: Pain and Suffering Brain injury victims can seek compensation for the resulting physical and mental distress that they sustain. This can include impairments to cognitive function, memory loss, and physical discomfort. Common physical symptoms of brain injuries include: Vomiting and nausea Light and sound sensitivity Confusion Seizures Shifts in mood Loss of feeling in the extremities Loss of consciousness If you have experienced any of these symptoms, you may be able to recover non-economic damages as compensation. Call for a free consultation.

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Construction Accident Attorneys in Buffalo, Rochester, and Syracuse, New York

Each year, construction workers and laborers are seriously injured or killed while working at construction sites. These accidents occur even though various state, federal, and industry standards and regulations require owners, general contractors and sub-contractors to implement a wide variety of safety measures. Most construction workers are unaware that New York State law provides protections for those injured on the job. Cases involving workplace accidents and injuries can be complex. This is especially true for construction site accidents. In the aftermath of a workplace injury, it is critical to consult with trusted construction accident attorneys. Skilled legal professionals will have a working knowledge of relevant state and federal regulations. Construction accident cases involve many complicated liability issues. That is why you should speak with a lawyer as soon as possible following a construction accident. The experienced team at Lipsitz, Ponterio & Comerford, LLC has a track record of securing compensation for construction accident victims in Buffalo, Syracuse, and Rochester, NY. You should not have to bear the burdens from a workplace accident on your own. Our experienced construction accident attorneys will pursue maximum financial compensation in your case. We understand the financial difficulties that construction accident victims face. For that reason, we provide free and confidential consultations to new clients. How Can Construction Accident Attorneys Help? If you were injured as a result of a construction accident, a personal injury attorney can help. The laws concerning personal injuries that happen on construction sites are complex. New York Labor Law protects construction workers against the extraordinary risks they take while working on construction sites. This law places absolute liability on contractors and property owners who do not comply with safety regulations, such as, not properly securing ladders and scaffolds. Under New York State law, workers may bring lawsuits against the owners of the property, general contractors, sub-contractors, architects and manufacturers of defective products. These lawsuits can provide additional compensation. New York State Labor Law §§ 200, 200.1, and 241.6 place the responsibility for work site safety on the owner of the construction job or contractor. These statutes allow an injured worker to recover monetary damages for construction accidents. Injuries that fit within these statutes include: a fall from any height; fall from a ladder; scaffold failures; slipping and/or tripping hazards; poorly equipped job sites OSHA (Occupational Safety and Health Administration) violations; and more. A robust knowledge of these statutes is necessary to recover the money that you deserve. It is vital to understand which regulations are applicable in your specific case. One of the key elements of any personal injury claim is determining legal liability. This issue becomes complex when multiple parties are involved in an accident. In construction site accidents, more than one party may hold responsibility for the resulting injury. Some of the most common examples of liable parties in these accident cases include: Onsite contractors Owners of the construction site Sub-contractors Manufacturers responsible for faulty construction equipment Other third parties When you hire a legal representative, they will carefully examine the evidence in your construction site case. This work requires a certain skill set and legal knowledge. Some of the relevant evidence in a construction site accident claim include: Medical records Construction site layout and information Eyewitness statements Relevant laws and regulations Testimony And more What are the safety requirements for construction sites? OSHA (Occupational Safety and Health Administration) sets specific regulations that must be followed on construction sites. These include: Design and Construction– Scaffolds used must meet OSHA requirements and not exceed rate capacities or be used for non-approved uses. Every scaffold must be able to support its own weight plus four times the intended weight load. Every suspension rope must support at least six times the intended weight load. Inspection – All scaffolds and personal safety equipment must be inspected before every work shift. Any damaged equipment must be removed. Common Categories of Construction Site Accident Cases Following an injury on a construction site, there are many options for the victim to seek financial compensation. Some of the most common types of cases involve: Workers’ Compensation Claims In most cases, construction injuries happen to those who are employed at the site. Injured employees cannot bring a lawsuit against their employer if they pursue a workers’ compensation claim. Contact our construction accident lawyers for a free consultation.

Video: Construction Accident Attorneys in Buffalo, Rochester, and Syracuse, New York

Motorcycle Accident Attorneys in Buffalo, Rochester, and Syracuse, NY

If you or a loved one was injured in a motorcycle accident, the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC can help. Motorcycles provide freedom to riders, but with that freedom comes risk. Motorcyclists are exposed to not only the elements, but also have little to no protections against other drivers. According to the U.S. National Highway Transportation Safety Administration (NHTSA), motorcyclists are 29 times more likely to get killed in a traffic accident than someone in a passenger vehicle. Motorcyclists are four times more likely to suffer traffic accident injuries than passenger vehicle occupants. Motorcycle Accident Statistics in Western New York Motorcycle accidents happen often. Across Erie, Monroe, and Onondaga Counties, accidents kill about 20 motorcyclists every year. Another 700 motorcyclists are injured, and approximately 200 of these injured motorcyclists require hospitalization. In Erie County, your risk of hospitalization for a motorcycle accident is nearly seven times higher than your risk of hospitalization for a car accident. The Dangers of Motorcycling Motorcyclists are at greater risk of accidents and suffering severe injuries due to several factors, including: lack of protection, lack of visibility and lack of stability. Less Protection New York has a universal helmet law that requires all motorcycle operators and passengers to wear a helmet. But even with a helmet, motorcyclists remain exposed in a motorcycle accident. By contrast, a ton or more of steel protects motorists in a car accident. Less Visible Recognition errors constitute some of the most common causes of motorcycle accidents. Complacent motorists become accustomed to looking for passenger vehicles rather than motorcycles. The small size of motorcycles allows them to escape notice by careless drivers. Less Stable Motorcycles require a different set of skills to operate than passenger vehicles. Motorcyclists must have balance and physical fitness to operate a motorcycle safely. Anything that disrupts a motorcycle’s balance, such as road conditions, can lead to a severe accident. Common Motorcycle Accident Injuries Motorcycle accidents result in a variety of injuries. These range from road rash to catastrophic injuries like spinal cord injuries and traumatic brain injuries (TBI). Some common motorcycle accident injuries include: abrasions, fractures, back injuries, neck injuries, spinal cord injuries and brain injuries. Abrasions During a motorcycle accident, the road can abrade any exposed skin. Road rash can breach the body’s protection against infection. It can even cause permanent disfigurement as road debris becomes embedded in the skin. Depending on speed, the rough surface of the road can abrade more than skin. Pavement can tear flesh, such as muscle, blood vessels, and nerves. In severe cases, doctors might need to amputate due to the severe soft tissue damage. Fractures Motorcycle accidents commonly result in fractures. Back and Neck Injuries Even with a helment, motorcyclist’s backs and necks remain unprotected. The bending and twisting forces experienced in a motorcycle accident can strain muscles, fracture vertebrae, and compress discs. Spinal Cord Injuries If the discs or vertebrae sever the spinal cord, the injured motorcyclist can suffer permanent paralysis or death. If the discs or vertebrae compress the spinal cord, the injured motorcyclist could experience: Muscle weakness Paralysis Loss of coordination Pain, numbness, or tingling Loss of bladder and bowel control In many cases, spinal cord injuries require extensive medical treatment and months or years of physical therapy. Brain Injuries Brain injuries can happen even with a helmet. Concussions occur when forces on your head cause your brain to slosh inside the skull. The pressure of the fluid that surrounds the brain causes minor but widespread bruising, bleeding, and swelling. A contusion occurs when the brain moves so violently that it hits the inside of the skull. The impact causes bleeding and swelling. Brain tissue might get starved of oxygen due to blood loss and constriction of the blood vessels. The injured motorcyclist might suffer a coma or death. Some symptoms of a brain injury include: Confusion Loss of consciousness Slurred speech Uncoordinated movement Blurred vision or seeing stars Tinnitus Nausea or vomiting Headache Memory loss Changes in behavior Emotional outbursts Sleep disorders The symptoms of a minor brain injury, such as a concussion, can clear up in a few months. Symptoms of a severe brain injury might become chronic or recurring. Common Motorcycle Accident Scenarios Drivers running a stop sign Drivers running a red light Drivers changing lanes Drivers failing to check blind spots Drivers failing to yield right of way Drivers turning at the wrong time Drivers failing to notice motorcycles Collisions at Intersections

Negligence Attorneys Serving Buffalo, Rochester & Syracuse, NY

The attorneys at Lipsitz, Ponterio & Comerford represent individuals who have been seriously injured as a result of negligence, asbestos exposure (mesothelioma and lung cancer), motor vehicle accidents, defective products and other accidents occurring at home or at work. Personal injury law provides people injured or killed by a third party’s negligence the opportunity to receive compensation for their damages. Catastrophic injuries resulting from another person’s negligence or unreasonable conduct include injuries from: Asbestos exposure including: Mesothelioma Peritoneal Mesothelioma Malignant Mesothelioma Sarcomatoid Mesothelioma Asbestos-Related Lung Cancer Second-Hand Asbestos Exposure Environmental Asbestos Exposure Talc & Asbestos Exposure Additional injuries including: Car Accidents Construction Accidents Wrongful Death Product Liability / Defective Products Medical Malpractice Child Victims Act Toxic Substances Personal Injury Truck Accidents Motorcycle Accidents Defective Drugs Traumatic Brain Injuries Birth Injuries Lead Poisoning Bicycle Accidents Pedestrian Accidents It is very important immediate legal action be taken. New York State law imposes strict time deadlines on personal injury actions, and if you fail to act under the legal time limitations, you may be barred from ever pursuing your claim. In certain cases, New York State law requires that an injured person give “notice” of their claim within a specific period of time from the date of injury or the claim will be barred. If you or a loved one has been injured as a result of negligence, please contact us for a free and confidential evaluation.

Bicycle Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

Riding a bicycle is an affordable, environmentally friendly, and healthy mode of transportation. Many people ride bicycles for fun, to stay in shape, to save money or as part of their job. However, bicycle accidents can result in devastating injuries. Regardless of why you ride, cycling comes with a special level of risk. According to the most recent NY State DOT data, there were over 6,000 bicycle crashes with an automobile across the state of New York in 2011. Bicycle accidents can also be a single-rider event or involve a pedestrian. Bicycle accidents happen for many reasons. These reasons include distracted driving, glare or obstruction, sleepiness, or intoxication. Bicycle accidents can cause severe injuries or even death. When someone else is at fault for your injuries, you can seek compensation for the resulting damages. However, you must act quickly. New York has a “statute of limitations” which lays out the maximum amount of time a victim has to bring a lawsuit in court. For bicycle accidents, you generally have three years from the date of the accident to initiate a lawsuit. The time period to file a lawsuit may be even shorter depending on your particular claim. It is important that you speak with a lawyer as soon as possible. When death from a bicycle accident happens and the cause is someone else’s negligence or willful wrongdoing, the cyclist’s family has the right to sue for damages in their loved one’s stead. At Lipsitz, Ponterio, & Comerford, LLC, our attorneys have extensive experience in personal injury litigation. If you’ve been in a bicycle accident in Rochester, Syracuse, or Buffalo, NY, don’t face the consequences on your own. Our knowledgeable and experienced attorneys can help you get the settlement you deserve. Bicycle Accident Causes There are a number of reasons why bicycle accidents happen. Here are some of the most common reasons for bicycle-based injuries: Rider Errors The most frequently cited cause of bicycle accidents is rider error. The cyclist or pedestrian may have been confused or made a mistake that resulted in the accident. They may have been distracted, turning improperly, or passed someone too closely. These types of accidents usually involve a sole rider or a rider and pedestrian. In these cases, injuries are usually minor. Accidents Involving Cars The causes of bicycle accidents with motor vehicles can include: Driver inattention Driver inexperience Failure to yield right of way Drug or alcohol use Road rage Improper following distance Unsafe backing Mechanical issues Glare Slippery pavement Debris or obstruction in the road When bicycle accidents happen because a person driving a car was driving too fast or acting out of anger, their behavior might qualify as reckless or malicious. This can be grounds for a lawsuit for negligence. When acts such as these ones above result in death, the victim’s family can sue for wrongful death benefits in addition to other personal injury damages. Product Defects Another common cause of bicycle accidents is products that are defective. If a manufacturing error with a tire or frame causes the bicycle to be unsafe for the rider and a company neglects to recall products that are known to be dangerous, they can be held liable for any resulting injuries. Defective bicycles and parts are not the only examples of this risk. Product defects cause accidents in a wide variety of ways. A construction crew may break a jackhammer while using it because there was a problem with the product’s manufacturing quality. This broken part can then present an obstacle in the road that a cyclist cannot avoid at the last minute. The bicycle rider may sue both companies and the construction company may also decide to sue the jackhammer company. Product defect cases can be complex. It’s important to partner with a skilled legal professional with experience in product liability, like the team at Lipsitz, Ponterio & Comerford, LLC. Other Causes Sometimes, bicycle accidents happen for reasons unrelated to vehicles or pedestrians. Maybe a construction zone didn’t have proper signs displayed or an object fell into the bike lane. Regardless of the reason a bicycle accident occurs, victims often face financial and medical consequences. A cyclist should not have to pay for the damages when they are not at fault. If you’ve been involved in a bicycle accident caused by another person, call the premier injury attorneys, Lipsitz, Ponterio & Comerford, LLC. With offices in Rochester and Buffalo, NY, we will fight for your rights and help you seek the compensation you deserve.

Pedestrian Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

Pedestrian accidents can cause life-changing injuries and death. There is a shared responsibility between walkers and drivers to maintain pedestrian safety, but unfortunately, there are numerous ways in which pedestrian accidents occur. If you or a loved one was injured by someone or something else while walking, please call the experienced attorneys at Lipsitz, Ponterio & Comerford, LLC today. According to the New York State Department of Health, over 12,000 New York State residents go to the emergency room for care each year due to pedestrian accidents, and more than 300 die from their injuries. Nationwide, more than 6,000 people die each year in pedestrian accidents. Pedestrian accidents cause injuries and fatalities in several ways. A construction crane can break and drop debris on bystanders, a vehicle’s brakes can fail, a driver might run a stop sign, or a local business may neglect to clear hazardous ice from the walkway. Time is of the essence when filing a claim for pedestrian injuries in New York State. Generally, wrongful death lawsuits must be filed within two years, and personal injury lawsuits within three years. However, these limitations can be much shorter when a municipality or other government entity is involved. Don’t let the clock run out or try to deal with your injuries on your own. Let Lipsitz, Ponterio & Comerford, LLC, help. We’ll fight for justice and the compensation that you deserve for your injuries. Common Causes of Pedestrian Accidents Pedestrian accidents in Syracuse, Buffalo, and Rochester happen in a number of ways. Car accidents, construction and sidewalk hazards are common reasons for pedestrian accidents. Getting Hit By a Car The most common cause of pedestrian accidents in New York state is automobiles. Drivers may be intoxicated, distracted, or driving too fast. Common reasons for pedestrian-related auto accidents include: Distracted driving Driving over the speed limit Driving under the influence of drugs or alcohol Vehicle mechanical failures Bad weather conditions Driving carelessly Driving while texting Driving recklessly Ignoring traffic signs or signals In cases where the driver was acting carelessly or recklessly, they could be at fault for the injuries or deaths they caused. Construction Accidents Another common cause of pedestrian accidents in cities like Buffalo, Rochester, or Syracuse is construction accidents. Walking through a construction zone is risky, particularly if there is a lot of activity nearby. Construction workers might drop tools or materials from scaffolding, or the wind may cause materials to fly around and hit people passing through. Equipment failures happen, as well. If a crane breaks and pieces of it drop to the ground, pedestrians can be severely injured. Sidewalk Hazards Sidewalk hazards are another common source of pedestrian accidents in New York. A local shop owner may neglect to clear ice off the sidewalk in front of his store, leaving pedestrians at risk of slipping and breaking a bone when they walk past. A liquor store may have shards of glass scattered from a broken bottle, causing you to severely cut your foot. Whatever the circumstances, pedestrian accidents happen, often in busy cities. When you’ve been injured through the negligence or intentional acts of another person, you deserve to be compensated. Seek the justice you deserve. Turn to the experienced legal team at Lipsitz, Ponterio & Comerford, LLC. We’ll help you to fight for the compensation you’re owed. What Kinds of Damages Can I Seek in a Pedestrian Accident? When someone else has caused you harm through an intentional act or negligent behavior, you shouldn’t have to face the consequences of their actions on your own. When you reach out to the team at Lipsitz, Ponterio & Comerford, LLC, our skilled personal injury attorneys will help you to pursue all of the compensation you deserve. For pedestrian accidents, the most common forms of compensation are economic damages and non-economic damages. If you were injured as a pedestrian, contact us today for a free consultation.

Birth Injury Lawyers in Buffalo, Rochester, and Syracuse, NY

Unfortunately, Birth injuries are more common than most people realize. According to the Department of Health and Human Services, in 2006, newborns and their mothers experienced more than 157,000 potentially avoidable birth injuries. Birth injuries can be directly related to negligence, recklessness, or incompetence of a medical professional. Families trust doctors to provide skillful, thoughtful care. When they fail to do so, and mothers or their babies are harmed, it can be devastating. Unfortunately, birth injuries can be a source of lifelong medical complications, creating mounting medical bills, time taken off work to care for a medically fragile child, or premature death. The first step in evaluating whether you or your child has a birth injury claim is meeting with one of our attorneys to discuss the specific facts of your situation. The attorneys at Lipsitz, Ponterio & Comerford, LLC understand that each situation is unique and extremely difficult. We want to listen to your story, learn the specific facts of your situation, and make the legal process as simple as possible for you and your family. Throughout this process, we understand that your top priority is, and should be, the health, treatment and care of your child’s birth injury, not a potential lawsuit. Our job is to make the legal process as easy as possible for you and your family. We will obtain all medical records related to the birth injury and perform a comprehensive review of these records, along with the facts related to the injury, to determine if you or your child has a viable birth injury claim. At Lipsitz, Ponterio & Comerford, LLC, we’ve been helping victims of birth injuries secure the justice they deserve for decades. If you suspect that your birth injuries were the result of medical malpractice or negligence, please contact us today. What Is Negligence? Negligence is a leading cause of medical malpractice suits against doctors, hospitals, and other medical professionals. Personal injury law provides people injured or killed by a third party’s negligence the opportunity to receive compensation for their damages. Keep in mind that some injuries at birth are true accidents. An honest accident does not qualify as medical malpractice. But when injuries occur because a doctor made a mistake that a care provider reasonably shouldn’t have made, they should be held liable for the resulting damages. Doctors keep full caseloads and a busy schedule. In some instances, negligence can happen when a doctor rushes through a procedure. Other times, they may not pay close enough attention to what they’re doing, perhaps failing to ask about known allergies, administering the wrong medicine, or failing to account for relevant medical factors. Unfortunately, some birth injuries happen because the doctor was reckless in the decisions that they made. Doctors are required by law to provide an acceptable standard of care. In order to prove medical malpractice in New York, the patient is required to prove two things: that the medical professional deviated from the accepted standards of medical care; and that the deviation caused the patient substantial harm. When a medical professional deviates from the standard of care, endangering the lives of the mother and child entrusted to their care, they should be held accountable. Common Types of Birth Injuries There are many different kinds of birth injuries that families can face. These can be divided into a few categories: Injuries to Babies Babies are quite fragile. If a doctor is rushing or being careless in their care, there can be lasting consequences, including: Bone Damage: Bones may be fractured from the use of forceps or doctors using other surgical tools improperly Brain Damage: A lack of oxygen can cause brain damage that results in lifelong mental or physical problems Skull Injuries: When an infant’s skull is damaged at birth, it can create lasting negative effects Spine or Nerve Damage: This can quickly happen when the baby is positioned wrong or removed poorly at birth. If a medical professional uses the forceps incorrectly, it can cause bones to fracture and create extensive spinal damage — all of which can have lasting health implications. Likewise, if a baby is in distress for too long, it can cause a lack of oxygen to their brain, leading to conditions like cerebral palsy. While some birth injuries are obvious right away, others are more subtle. If you suspect that your child was injured by negligent care, please contact the skilled legal team at Lipsitz, Ponterio & Comerford, LLC today! Injuries to Mothers Mothers may also suffer Birth injuries during childbirth. Common birth injuries experienced by mothers include: Improper medications or dosage administered A placental rupture that is not recognized in a timely manner A protracted delivery that causes excessive pain C-section mistakes that result in emergency sterilization

Workers’ Compensation Attorneys Serving Buffalo, Rochester & Syracuse, NY

Workers’ Compensation Insurance provides weekly cash payments and the full cost of medical treatment, including rehabilitation, to employees who become disabled as a result of a disease or injury connected with their employment. It also provides payments to qualified dependents (family members) of a worker who dies from a compensable injury or illness. The New York State Workers’ Compensation Board administers and processes claims for benefits, reports of injuries and medical reports from health care providers and also administers various laws which protect the rights of injured workers. In addition to the Workers’ Compensation Law, The Board administers the New York State Disability Benefits Law, the Volunteer Firefighters Benefit Law and the Volunteer Ambulance Workers Benefit Law. The Workers’ Compensation Board decides all of the issues in a case and gives awards that ensure that injured workers receive the benefits and medical treatment they are entitled to. Hearings are held before Administrative Law Judges and appeals are decided by Commissioners. The Workers’ Compensation Law takes away an employee’s ability to directly sue an employer, but gives the employee the right to medical care and payment for lost wages. Workers’ Compensation claims include not only accidental injuries, but also exposure to toxins and hazardous agents which cause occupational diseases. Our mission at Lipsitz, Ponterio & Comerford, LLC, is to ensure that each injured worker is treated fairly and reasonably by the compensation insurance carrier under the Workers’ Compensation Law. We only represent the interests of the injured worker, never the compensation insurance carrier. Contact us for a free and confidential case evaluation.