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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

Grand Concourse Bronx, NY, 10451 Phone: (718) 933-4448

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Archive for the ‘wrongful death lawyers’ Category

Personal Injury Law FAQ

Monday, March 21st, 2011

Personal Injury – Frequently Asked Questions (FAQ)

A personal injury can result from many types of accidents or circumstances.  For instance a personal injury can arise out of negligence, accidents such as auto accidents, truck accidents, motorcycle accidents, train accidents, bus accidents, boat accidents, plane crashes, the list goes on and on.  Moreover, injuries or death can occur as a result of medical malpractice. If you are a victim of personal injury then you can file a personal injury lawsuit against the negligent individual responsible.   The law limits the amount of time you can do this so it is wise to take action immediately.  The law of Personal injury provides monetary compensation to help the victims of personal injury to recover from their losses.  Their losses include pain and suffering, lost wages, medical bills and loss of services with their family.

It is critical to understand that if you wish to file a personal injury lawsuit then you must consider with the right personal injury lawyer the following important issues involved in filing a personal injury lawsuit.

First, you and your personal injury lawyer must speak about the time limit within which you must file your personal injury case. This time limit is known as your Statute of Limitations. Every single U.S state has its own Statute of Limitations.

With respect to your personal injury lawsuit, if your state’s Statute of Limitations has expired then you cannot file your personal injury lawsuit.   Make sure that you and your personal injury lawyer are clear on when to file your lawsuit so that Statute of Limitations does not stand in your way.

Secondly,  if you are filing a personal injury lawsuit it is best to hire a personal injury lawyer. Most of the personal injury lawyers work on contingency basis where you are not required to pay anything before hiring a lawyer. Your personal injury lawyer will only receive a percentage of the amount from the final settlement or verdict amount the personal injury case is won.

Most of the defendant’s hire aggressive defense lawyers who work for the best interest of their clients. Therefore, it is best to consult a personal injury lawyer. Your injury lawyer will help you steer clear of any complications arising out of your personal injury lawsuit. A personal injury lawyer will help you receive justice and compensation you deserve.

If you or a loved one has suffered personal injury in an accident or because of the medical malpractice of a doctor or hospital call the Personal Injury Lawyer for a free consultation at 1(800)WE-FIGHT.  The insurance companies have lawyers working hard for them and so should you.  There is no fee unless we win your case.

The Significance Of A New York Construction Accident Attorney

Friday, March 18th, 2011

Construction Accidents

People employed in the Construction industry are prone to danger since they have to be engaged in many risky projects and assignments. Construction accidents are frequent occurrences. In case of construction accidents in New York, New York Construction Accident Attorneys come to the rescue of the accident victims and play vital roles.

Significance of Construction Accident Lawyers, New York

Any construction worker, who suffers from an injury on duty, claiming for maximum compensation becomes the first repercussion of the accident. The Construction Accident Lawyers New York is cardinally significant in this regard. They effectively represent the accident victims and help in claiming the compensation in the law courts through out the New York City. They help in doing proper justice to the neglected victims and rescue them.

Role played by New York Construction Accident Attorney

Since a New York Construction Accident Attorney understands the trends and facts related to construction accidents, he can help in claiming the maximum amount of compensation under the prevalent conditions. On the basis of an understanding of the enormity and intensity of the construction project going one, the New York Construction Accident Attorney can decide on the people who can be considered to be involved in the construction site such as the landowner of the site, designers, engineers, architects, contractors and suppliers.

For the mighty projects, Construction Accident Lawyers New York gives a clear insight of the liability that people belonging to each of the above designations might have. The Construction Accident Lawyers New York take a deep look at the specific job responsibilities of these people to determine the extent of liabilities.

When it comes to the accident victims, the Construction Accident Lawyers New York guides them on meticulous claims for the injury caused by the accident. The attorneys opine that the accident victims can undertake a host of actions in order to safeguard themselves and their legal rights.

The lawyers help the victims to report their employers or the manager of the site and procure the contact information of the eye witnesses. In case a victim has been able to preserve any evidence of the injury in the form of photographs or any other thing, the Construction Accident Lawyers New York helps in protecting the same.

Accidents at the construction sites can be serious to the extent of depriving the workers the ability to support themselves and their families too. Saving the victims from this devastation can only be done successfully by a New York Construction Accident Attorney. The lawyers handle the construction accident cases and try the same.

How the Construction Accident Lawyers New York help the victims

* Take a note of the accident cases, file the same and handle them.
* Take a detail look at all the people involved in the construction project and determine the extent of liability each person might be having.
* Investigate the site, scrutinize the evidences like photographs collected by the victim and preserve the same for future reference.
* Some of the Construction Accident Lawyers New York even makes use of high-tech accident construction experts and video animations for reference.
* They take of each every aspect of law suits ranging from minor to major. The array of tasks may take into account the deposition of contractors and even the witnesses.
* The Construction Accident Lawyers New York try the cases, mediate and help in the appeal formalities.
* They constantly keep in touch with the victim and his family in order to update on the status of the case.

So, in case you ever need the help of any New York Construction Accident Attorney, you can well be confident of the benefit you would reap from availing their service.

Article from

 

Very funny construction accident video
Video Rating: 4 / 5

More Construction Accident Articles

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.

Tecia Harrison, Daughter of Esmin Green, plans to sue Kings County Hospital for 25 million dollars

Tuesday, July 8th, 2008

As all of the world knows by now, was in the waiting room of Kings County Hospital and collapsed on the floor.  She was left for more than an hour to die a miserable death by the hospital staffers who callously saw her and did nothing.  To make matters worse, the hospital employees allegedly falsified the medical records indicating she was walking around and conscious while she was in fact on the floor as the video shows. 

Please be warned that what you about to see is disturbing but if you wish to see this video connect to the following link

Fellow members of Esmin Green’s church called her “sister” Green.  She was a beloved woman who loved children.  She had been struggling emotionally since losing her job and went to Kings County Hospital for help.

Esmin is survived by six children who live in Jamaica.  She was sending money back to them before she lost her job.  Her eldest daughter, 31 year old Tecia Harrison, told authorities that she “cannot bear to think of her mother’s last moments.”  She continued to say about the video that “I haven’t seen it and I don’t think I have the heart or mind to watch it because that’s my mother there.”  Tecia is truly a brave person to proceed forward and speak about this and I hope she chooses the right attorney to prosecute the civil claim for her mom.  Tecia’s further comments on the video were “that’s the woman who gave birth to me 31 years ago, I cannot watch that.”  It is reported that Tecia will

One of the issues  Tecia and her family will want to consider is the emotional impact this type of case will have on her and the family.  She needs a lawyer that will be sensitive to that but at the same time be aggressive and make certain that the city pays by way of compensation to the family and by way of prevention so that this does not happen to anyone ever again.

Wrongful death actions against the city are full of procedures that are not normally part of a “non-city” case.  Additionally, you are dealing with issues of the estate and medical malpractice claims.  One of the preliminary elements that have to be satisfied is your Notice of Claim to the city.

The Notice of Claim is a document that gets served on the city via the applicable agency, in this case the New York Health and Hospital Corp.  An or estate has 90 days to file the Notice of Claim.  This simply puts the city on notice that there is a claim.  From the date of the incident you have one year and ninety days to file the summons and complaint.  The summons and complaint is the official document filed with the Court setting forth the injured party or, in this instance, the estate’s allegations of fault against the defendants.

Shortly after you file the Notice of Claim the city will contact the plaintiff’s attorney and a 50h hearing will be scheduled.  This hearing is the city’s opportunity to obtain information via the injured party’s testimony.  In this instance the city may forego a 50h, although unlikely, and not waste time speaking to the executrix of the estate who is likely to be the .

Other considerations in the wrongful death action from a medical malpractice standpoint is having an expert review the medical records to sign off that a case is allowed to proceed from a malpractice standpoint.  If the video scene all over the news is what it seems to be that will be an easy part of the litigation process.  This case seems to be one of the most egregious cases ever to hit the public forum and one that finally gives a perfect example and brings to light the ease in which hospital personnel can, and in this case allegedly do, falsify medical records to prevent cases from . 

I firmly believe that the employees of Kings County Hospital who were complicit in turning a blind eye and allegedly falsifying Esmin Green’s medical records will be judged very harshly in God’s eyes.  Thankfully the video came to light and was released because the city and those employees can also be judged harshly in this life as well.  My prayers and love goes out to Esmin Green and her family, Tecia Harrison and her five other children.  Esmin Green’s death will not go in vein.  Instead it will be a wake up call to all those in the healthcare crisis present at Kings County Hospital and perhaps make the whole healthcare system retool its procedures to allow beautiful people like Esmin receive the care that they deserve, that every human being deserves.  I believe that the to make that change.

If you or anyone you know was injured or has a family member who was the victim of a claim similar to the Esmin Green claim please feel free to call the aggressive, caring lawyers at 1(800)WE-FIGHT and ask for the author of this article 24 hours a day, 7 days a week.  We will send a lawyer to you, in the comfort of your own home, to speak about your case for free, no obligation.  Choosing the right attorney makes all the difference in the world, make sure you meet with more than one before making your decision.  Good luck to you and God bless you.

Ignored by 911, woman dies in hospital waiting room of Martin Luther King Jr., Harbor Hospital, Los Angelos California

Sunday, July 6th, 2008

Edith Isabel Rodriguez, 43, layed bleeding on a waiting room floor in for more than 45 minutes and was left to die because the hospital simply ignored her and her boyfriend’s cries for help and failed to treat her

To see the shocking video footage of Edith Rodriguez’ wrongful death please visit

Ms. Rodriguez’ boyfriend, Jose Prado, even contacted 911 in the emergency waiting room of the hospital but they refused to call paramedics or transfer her to another health care facility.

Ms. Rodriguez died of a perforated bowel and experts say that she would have survived if she had been treated early enough.  It is reported that she died while the police were taking her out of the hospital not to transfer her to give her care but because they were arresting her for an allege parole violation.

This egregious patient care mishap and wrongful death is a very serious crisis.  The city hospital’s failure to treat urgent medical emergencies is an ongoing calamity that seems to have no end in sight.  Edith Rodriguez’ family and friends are seeking $45 million dollars, (one million dollars for every minute she was left on the floor), for this egregious failure of the hospital to treat her citing negligence, medical malpractice and wrongful death.

The health care crisis is one that needs a group of dedicated legal soldiers, if you will, that are going to be the champions of patients rights.  A take no prisoners stategy is the only way to enforce justice not only for Edith Rodriguez but all of the future patients that will fall due to neglectful, reckless incompetence of city run hospitals such as this.

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.

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