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Calcagno & Associates

900 South Avenue, 3rd Floor
Staten Island, NY, 10314
Phone: 1-800-WE-FIGHT
             (718) 568-3585


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Battery Place
New York, NY, 10004
Phone: (800) 933-4448

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Archive for the ‘Traumatic Brain Injury’ Category

Construction Accident

Wednesday, March 9th, 2011

Construction Accident and the Construction Accident Lawyer

A construction accident can be a devastating event not only physically but emotionally as well for the injured worker and his or her family.  It is critical that an injured worker of a construction accident not only get the best medical treatment, he or she must also get the best construction accident lawyer.  Determining whether a construction accident lawyer is the right lawyer or law firm is not always easy.

An injured worker or person who sustains injuries at a construction site often has permanent lifelong limitations.  The main focus of the injured construction worker is to get better and heal, first and foremost.  The right medical treatment makes all the difference and the sooner your receive treatment the better chance you have to a full recovery, typically.

However, it is critical that the construction lawyer choosing process be handled with care.  It should be done with a loved one or friend aiding in the decision in the injured construction worker because of his or her delicate and weakened condition while he or she is on the road to recovery.

The reason why it is necessary for the careful choice of a construction accident lawyer is that the laws for construction accidents are complex and you need a construction accident lawyer or construction accident lawfirm that is intimately familiar with the labor laws, specifically labor law section 240 and the relevant applicable sections.

Make no mistake, construction accident injuries are serious business.  You need a construction accident lawyer that handles that serious business with aggressive, caring legal representation.

Because of the nature of typical construction accidents serious injuries could occur from falling from scaffolds, falling from ladders, employers failing to provide the proper or adequate safety equipment, an unsafe work environment, crane accidents, and building collapse – the list can go on and on.  Your construction accident lawyer should be familiar with the labor laws and engineering behind all of these various types of construction accident scenarios.

Construction accidents bring with them, unfortunately, very serious injuries typically to any and every part of the body.  Some of those areas include head injuries and fractures, spinal injuries and back injuries resulting in surgery, shoulder and knee injuries, paralysis such as parapalegia or quadrapalegia and many times death.  A wrongful death claim on behalf of a loved one in a construction accident is a very common occurrence in the construction accident law arena.  A construction accident lawyer needs to navigate the labor laws involving a wrongful death in a construction accident along with the estate laws for the deceased worker.

If you, a friend or a loved one has suffered serious injuries in a construction accident call the aggressive, caring construction accident lawyer, Pasquale Calcagno, Esq., for a free, confidential consultation at 1(800)WE-FIGHT.  As always, there is no fee unless we win your case.  We have convenient locations all over New York and can even have an attorney come to your home or hospital upon request.

Our Construction Accident Legal Team looks forward to fighting hard for you in your construction accident case.

Scaffolding, Scaffolding Accidents and Scaffolding Lawyers

Thursday, June 10th, 2010

Scaffolding is abundant in New York due to all of the skyscrapers.  As such, there are many scaffolding accidents on construction sites.  New York lawyers handling construction accidents are particularly atuned to the frequency of scaffolding related accident injuries.

Workers that sustain injuries while on New York scaffolding usually sustain catastrophic injuries.  There are many ways a New York construction worker, or anyone for that matter, can get injured on a scaffolding.  The scaffolding can collapse, break or be installed or repaired negligently.  Other frequent injuries involving scaffolding can be simply from the worker slipping, tripping or falling from the scaffold.

The result of a New York scaffolding accident typcially involves catastrophic injuries for the construction worker.  The types of injuries include spinal cord injuries, fracture or broken bones, paralysis or even death. 

It is critical that the OSHA safety regulations, New York workers compensation and labor laws are abided by.  Many times an injured construction worker in New York needs the help of a seasoned scaffolding accident lawyer to advise him on the benefits he is entitled via workers compensation, the union and other labor laws of our great city.

Choosing an experienced labor law lawyer and scaffolding accident lawyer is vital.  Many times an injured accident worker is out of work due to his injuries for an extended period of time.  His ability to provide for his family is challenged.  That is where we come in.  If you or a loved one was injured in a scaffolding accident call the Scaffolding Accident Lawyers at 1(800)WE-FIGHT

We will explain your rights to you and never stop fighting until you get what you are entitled to - justice.

Forklift, Forklift Accidents, Forklift Lawsuits and Forklift Injuries – Resources and Injury Help.

Thursday, June 10th, 2010

New York forklift accidents are prevalent because of the demand for construction timelines to be met at the expense of safety laws and procedures.  It is this emphasis on speed of completion in the construction project and not safety laws (such as OSHA laws, labor laws and workers rights ) that leads to catastrophic injuries.

The types of forklift accidents include pressuring the forklift operator to work faster or causing the forklift to be overburdened by too large a load.  The result is devastating and usually results in the forklift to roll over. 

When a forklift accident happens or a forlift rolls over the injuries that a forklift operator or other workers sustain are many times serious and permanent in nature.

The types of injuries we typically see are crush injuries, fractures and broken bones, spinal cord injuries and sometimes paralysis or death.

If you or a loved one was injured in a forklift accident call the aggressive  Forklift Accident Lawyers at 1(800)WE-FIGHT for a free consultation.

Ladder Accidents, Ladder Lawsuits and Serious Injuries.

Wednesday, June 9th, 2010

When someone is involved in a ladder accident or a fall from a ladder it often results in serious injuries.  What many people do not realize is that these types of construction accidents are the result of someone elses fault, usually the general contractor or sub-contractors.

New York ladder accident law is complex in New York.  The safety laws and guidelines are promulgated by OSHA and the various labor laws.  Workers Compensation laws come into play when someone is seriously injured in a ladder accident in New York.  Usually, the injuries in a ladder fall or ladder accident are fractured or broken bones, head, neck and back injuries, spinal cord damage and even paralysis.

It is critical that you speak to a lawyer who is familiar with New York’s labor laws, OSHA regulations and the various rules and regulations that pertain to the construction industry.

If you or a loved one has been injured in a ladder accident or ladder fall in New York call the Ladder Accident Lawyers at 1(800)WE-FIGHT for a free consultation.  Even if you do not believe anyone was at fault, call us to learn about your rights as a third party (such as the ladder manufacturer, designer, contractor or sub-contractor) may be liable.

No fee unless we win your case.  Hospital and home visits are available.

Defective Guardrails. Defective Guardrail Lawsuit.

Wednesday, June 9th, 2010

One may think that a guardrail cannot be defective.  However, that thought is false.  A guardrail can be defective in the following ways:

1) Design defect of the guardrail; 2) manufacturers defect of the guardrail; 3) incorrect installation of the guardrail; 4) faulty guardrail maintenance; and 5) negligent or shoddy guardrail repairs.

The purpose of a guardrail is obvious.  But, what most people do not know is that a guardrail must react to a collision in a specific way.  If someone is involved in an accident on the road involving a guardrail and that accident was catastrophic in nature, the accident many times could have or should have been minor if it wasn’t for the guardrail.

The key to successfully litigating a defective guardrail case is to follow up with an attorney immediately so that the proper photographs and investigation of the guardrail can be conducted by your lawyers experts.

If you or a loved one were involved in an accident and a guardrail was hit please call the Guardrail Lawyers at 1(800)WE-FIGHT for a free consultation.  No fee unless we win your case.  We have convenient locations all over New York.  Hospital and home visits are available.

Kelly: COP IN DEADLY CRASH TOTALLY WASTED

Thursday, June 3rd, 2010

The headlines out of the Daily News today, June 3, 2010, says it all.

Officer Hoyoung Kim was off duty last month and drunk when he crashed his car in the Bronx.  The result, he killed himself a friend on the New York Police Department and injred four women. 

His blood alcohol level was 0.16, double the legal limit in New York of 0.08.  His fellow colleague who also lost his life, Office Edwin Paulino was also wasted with a blood-alcohol level of 0.21.

Police Commissioner Raymond Kelly informed reporters of the toxicology reports.  When asked by reporters if he was surprised the Commissioner replied “no comment.” 

The crash occurred on May 16, 2010 and the mother, Sabina Ramirez, 47, of two sisters Iris, 27, and Jazmin, 23, critically hurt in the crash on the Bronx River Parkway is beside herself.  They were taken to Jacobi Medical Center where they remain in critical condition.

Iris suffered a broken pelvis, two fractured legs and a spinal cord injury.  The other victims, Shirley Torres, 26 and Melina Ramirez, 27, also remain hospitalized in Jacobi Medical Center.

There seems to be no end to the negligence and recklessness of drunk drivers in the Bronx.  I expect more from a New York Police Officer and they must understand that they are held to a higher duty given their special place in our society as the perveyors of law and order.  It is a shame that a few bad apples have to ruin the reputation of the whole department.

If you or a loved one has been injured in a car accident involving a drunk driver or any type of accident please call the car accident lawyers at 1(800)WE-FIGHT.

Traumatic Brain Injury Law and Lawyers

Friday, May 14th, 2010

Minor traumatic brain injury is one of the most undiagnosed or misdiagnosed conditions when a person is involved in an accident.  Usually car accidents involving whiplash, a violent jerking of the neck or impact of the head.  The presence of this condition also known as diffuse cerebral dysfunction is a problem when it goes undiagnosed and can have long lasting, permanent effects in some cases. 

The symptoms of minor traumatic brain injury (diffuse cerebral dysfunction) that the injured person typically has are as follows:

1) difficulty concentrating; 2) mood swings; 3) headaches; 4) blurred vision; 5) difficulty remembering (short term memory loss).  This list is not exclusive and other similar symptoms may present.

The are 1) reversible and 2) irreversible.  If you have been in an accident and you are experiencing any of the above symptoms it is vital that you see a neurologist as soon as possible.  If the problems persist it is important that you press your neurologist and request the neurologist refer you to see a neuropsychologist.  A neuropsychologist is a subset of neurology and this practitioner is critical in determining whether your diffuse cerebral dysfunction and cognitive deficits are traumatically induced (caused by your accident) or not.

You, the injured person, is the only one who truly knows your body and mind and it is important to be aware of the warning signs of this undiagnosed condition of minor traumatic brain injury.  If gone untreated this traumatic injury could have long lasting or permanent effects.  It is important to note that the impact sustained in the accident does not necessarily need to be a major one.  Seemingly minor jerking motions can, and often do, result in minor traumatic brain injury.  A lawyer experienced in these types of cases is a good ally to have.

If you or anyone you know was involved in an accident and believe minor traumatic brain injury is the cause of suffering please call the traumatic brain injury lawyers right away.

Birth Injury Articles, Causes, Lawyers, Attorneys, Cases, Awards – 1(800)WE-FIGHT for a free consultation

Thursday, February 14th, 2008

There is nothing more natural and amazing as a woman giving birth.  However, every year doctors cause countless mistakes during pregnancy, the birthing process and labor resulting in egregious and catastrophic injuries to new borns and their mothers.  , especially ”baby brain damage” cases as they are callously referred to are very complex.  As such, if anyone believes their child has been victimized by a doctor they should immediately consult with competent legal counsel experienced in these types of complex cases.

The following article describes the complexities lawyers experienced in these cases are required to navigate through to fight and win on behalf of their clients.

01/31 – National Legal News

A mother and father from Honolulu filed a medical malpractice lawsuit against Tripler Army Medical Center earlier this month for actions that they claim resulted in their daughter’s bilateral cerebral palsy.

Bilateral cerebral palsy is a heartbreaking and very debilitation result to a doctors mistake.  It typically involves countless years of struggle for both the family and the child victimized both physically, emotionally and economically.

David and Celia McCraw allege that while Celia was in labor with their daughter, Kayla, a fetal heart monitor revealed that the child began to experience severe heart rate decelerations. The parents claim in their lawsuit that these symptoms indicated that Kayla was suffering from a severe lack of oxygen, and that a Caesarian section birth should have been performed.

It always blows my mind how a doctor, in this day and age, would not simply perform a Caesarian section birth at the first sign of heart rate abnormalities.

Celia McCraw stayed in labor a total of 10 hours before giving birth, at which point it was discovered that Kayla’s umbilical cord was wrapped tightly around her neck, the McCraws allege. In an effort to resuscitate Kayla, a breathing tube was placed down her throat; however, the lawsuit alleges that the tube was placed into Kayla’s esophagus instead of her trachea. It was roughly 30 minutes before the mistake was discovered.

Complacency is the plague of our society.  There should never be a time when a doctor should put his or her guard down during a delivery or during a woman’s pregnancy for that matter.

The McCraws are suing for unspecified damages. Kayla suffers from bilateral cerebral palsy and requires physical, occupational, and speech therapy.

My heart goes out to the McCraws.  There is nothing that we can do to reverse the heartache they have undergone.  But what lawyers can do is make our clients lives easier by vigorously litigating birthing injury cases like this.  The monetary compensation they receive will pay for the exorbitant life time expenses they will incur in medical costs and care for their child who has been victimized by this horrific medical malpractice.

Tripler Army Medical Center has not commented on the lawsuit.

If you or anyone you know has a child suffering from cerebral palsy, bilateral cerebral palsy, erbs palsy or any type of palsy please contact the aggressive, caring lawyers at 1(800)WE-FIGHT for a free consultation or email us for a free confidential consultation right away.  Do not delay, the law limits the amount of time you have to file a claim.  Please feel free to visit the resources of our website if you have questions on what cerebral palsy, erbs palsy or any type of palsy is or what causes cerebral or erbs palsy.

Construction Accident: Window Washer Hires Lawyers. New York Lawyers, Attorneys, Attorneys

Wednesday, February 13th, 2008

The inherent danger of construction work consequently brings attention to the frequent misdeeds of the wealthy development and construction companies that try to save money by ignoring safety laws.  The case below is just another example of the necessity of personal injury lawyers to level the playing field and keep these despicable companies from putting the workers who drive our economy in harms way.

After surviving a 47-story fall, a Manhattan window washer has filed suit against the companies responsible for the scaffolding that gave way and caused the accident.

Mr. Moreno is truly blessed that he survived a 47 floor fall.  His brother wasn’t so lucky.  In addition to obtaining the money he needs to survive from the egregious injuries he has sustained he has a duty to sue the company responsible on behalf of his brother and all others who may be put in harms way in the future by the alleged careless and negligent actions of the company.  Besides giving the injured party economic and non-economic monetary awards, a personal injury lawsuit is vital in keeping the negligent party from ever acting negligent again or forcing them to put measures in place to prevent accidents.

In December, Alcides Moreno, 37, and his brother, Edgar, attempted to access an East 66th Street building’s window washing scaffold. When the scaffolding gave way, both brothers fell 47 stories to the plaza below.

The lawsuit seeks unspecified damages, but claims that the recklessness and negligence demonstrated by the companies responsible for the management and construction of the scaffolding was the major contributing factor to the accident. Currently, the management company’s insurance company is looking into the suit.

Labor law cases are very complex and one should choose a lawyer that is experienced in these types of cases.  Contact us for a free consultation today or call us at 1(800)WE-FIGHT.

Edgar was pronounced dead at the scene. Alcides survived and is undergoing treatment at a physical rehabilitation center.

Physical rehabilitation is a long and arduous road.  Our prayers and blessings go out to Alcides who survived this horrific accident and his family for their loss.

TRUCKING ACCIDENT – LAWYERS, LAWYERS, ATTORNEYS, ATTORNEYS

Tuesday, February 12th, 2008

Trucking accidents often come with severe injuries and a plaintiff’s inability to return to work.  Many times, the large verdicts discussed below in the National Legal News January 18, 2008 article reflect the remaining lifetime earning capacity of an individual.  Despite the difficulty of many motorcycle cases and a jury’s general negative feelings towards the owner and operator of a motorcycle, there was an excellent result in a verdict of fifteen million seven hundred thousand ($15,700,000.00) dollars. 

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 – National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

View Full Article

Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

Call the aggressive, caring lawyers toll free at 1(800)WE-FIGHT and visit us on the web at or use our free “Ask an Attorney” email service.

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