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Law360 (March 29, 2024, 5:02 PM EDT) — A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient’s shoulder, a federal lawsuit alleges.

James Cooney of Baldwin Place, New York, claimed in his Thursday complaint in the District of Connecticut that Dr. Aaron Schachter fraudulently concealed his surgical malpractice for five years, causing permanent and life-altering injuries that could become fatal. Imaging of Cooney’s shoulder after an unrelated injury in 2023 showed the blade in his right shoulder, requiring a second operation by a different surgeon to remove it, he said.

“Predictably, after years of delay, the blade could not be removed from plaintiff’s shoulder in one piece, as It was friable, disintegrating and falling apart,” the complaint said. “This degradation of the metal is tangible evidence of the microscopic metal particles which create toxic metallosis, which can become clinically evident at any point between nine months and many years later.”

Cooney is represented by John L. Leifert of Denlea & Carton LLP.

Read the full article on law360.com

Many businesses with an online, retail presence have been the recipients of “website accessibility” lawsuits filed by plaintiff’s lawyers and their visually impaired “testers,” alleging violations of the Americans With Disabilities Act, and associated state antidiscrimination laws. Unfortunately, these lawsuits are often engineered more by the lawyers prosecuting them, and less by the visually impaired representatives named in them. We recently moved to dismiss a lawsuit filed against our client, a manufacturer of wilderness and outdoor adventure pre-cooked, ready to eat meals. Because our client was in full compliance with the Website Content Accessibility Guidelines (“WCAG”) and regularly monitored and updated its website, it refused to succumb to Plaintiff’s demand for nuisance value to settle the case. Instead, it moved to dismiss the Complaint in its entirety. Doing so successfully called the Plaintiff’s bluff; rather than oppose the motion, Plaintiff voluntarily dismissed it with prejudice. Congratulations to Craig, Steven and Jeff for helping the client vindicate its rights.

Potential Compensation in a Personal Injury Claim

If you are injured in an accident, you may be able to file a claim for damages against a liable party. However, it can be challenging to know what damages you may be entitled to without the help of an attorney. An attorney can help assess the value of your case and determine the best course of action moving forward. 

At Denlea & Carton, LLP, our legal team is well-versed in handling personal injury claims throughout New York. Our lawyers work to get injury victims the largest possible recovery. We maximize damages to ensure our clients receive the compensation they deserve. Were you injured in an accident? Contact our office to schedule a free, no-obligation consultation. 

Understanding Personal Injury Damages

In personal injury cases, damages may vary depending on the individual circumstances of the case. The potential settlement or recovery may be based on several factors, such as the extent of the injuries, the provable losses, and whether liability is disputed. 

Common personal injury cases:

Working with a personal injury attorney can help ensure you receive the most favorable disposition possible in your case. Personal injury cases are subject to a statute of limitations. Failure to take legal action within the statute of limitations may result in your claim for damages being denied. Therefore, it is important to consult with an attorney as early in the process as possible to ensure compliance with all legal deadlines.

Medical Expenses

In most personal injury lawsuits, you will be eligible to receive compensation for medical expenses. The medical expenses must be related to your injuries. If you have a pre-existing injury, you must show that the accident exacerbated your previous condition. It is particularly important to discuss your case with an attorney if you have pre-existing conditions or extensive injuries. The more serious the injuries, the more complex the case may be and the more challenging it may be to secure the compensation you need.

Lost Wages

Another economic loss that you are generally entitled to is your provable lost wages. It is essential to keep detailed records about any time that you had to take off from work because of your injuries. Furthermore, you may be entitled to a loss of future earning capacity if you are unable to return to your position. 

Pain and Suffering

Damages related to your physical pain and emotional suffering may be more difficult to prove than traditional losses. An experienced attorney can help you navigate the process to ensure you receive compensation for all of your accident-related losses. Often, early settlement offers from the insurance company will not include any coverage for pain and suffering.

Property Damage

If any of your property, such as your vehicle or home, was damaged in the accident, you are likely able to recover the cost of repair or replacement. It is imperative to keep detailed records of any out-of-pocket expenses related to property that was damaged by another person.

Disability and Impairment Benefits

In some cases, you may be able to recover disability and impairment benefits. These damages may prove extensive. Prior to accepting a settlement with the insurance company, you need to speak with an attorney. You will want to ensure you are receiving the maximum compensation allowed if you suffered a disability as a result of the accident.

Vocational Rehabilitation Expenses

Many times, such as in claims related to a workplace injury, you may be able to recover vocational rehabilitation expenses. These damages compensate you for any training or costs that you have related to finding employment.

Wrongful Death Damages

If you lost a loved one as a result of another person’s negligence, you may be able to file a wrongful death claim. Wrongful death damages may include compensation for a person’s funeral costs, loss of financial support, medical expenses, and more.

Legal Fees and Costs

Finally, a court may award you legal fees and costs. If you have a successful claim, a liable party may pay these fees under certain circumstances. These fees can range from a few hundred dollars to several thousand. 

How Can An Attorney Help You?

If you are injured in an accident, an attorney can help ensure you receive the compensation you deserve. An attorney will work to protect your rights. Consulting with a lawyer as early in the process as possible can help make sure you do not miss legal deadlines and that your paperwork is properly filled out and filed. 

Denlea & Carton Personal Injury Law

At Denlea & Carton, we know the law. We will work tirelessly to ensure you do not end up settling for less than your case is worth. Our legal team has extensive experience handling nearly every type of personal injury lawsuit. We will work in partnership with you throughout the process. 

We accept cases on a contingency fee basis, meaning there are no fees unless we win. Our lawyers understand that this may be a challenging time for you and your family. We are here to help. We will not give up on you or your case. Injury victims are often pressured into accepting settlement offers that are well below their case value. Do not settle for less. Contact us today to schedule a free, no-obligation consultation.

Your Rights If You Are Injured in a Bus Accident in New York

Thousands of bus accidents happen every year throughout the United States. Tragically, New York has one of the highest rates of bus accident fatalities and injuries in the country. If you are injured in a bus accident, you may be entitled to compensation, but you need to speak with an attorney to determine the best way to pursue a claim for damages.

At Denlea & Carton, LLP, we provide representation for individuals who have suffered harm in a New York bus accident. Our lawyers are well-versed in handling even the most complex cases and will work to ensure you receive the largest recovery possible. Contact us today to schedule a free, no-obligation consultation.

New York Bus Accidents Stats

According to the most recent statistics available (albeit 2022), New York has had the largest number of bus accidents in prior years.  In 2022, there were 1,463 bus accidents in the state. Each year, across the country, there are around 15,000 bus accidents. An astounding 47% involve an injury, and approximately 1.5% result in a death. 

Bus accident statistics nationwide:

Individuals who are involved in bus accidents in New York are strongly encouraged to consult with an attorney. You may be eligible to take legal action against the bus company, bus driver, or another liable party.

Common Bus Accident Injuries

Bus accident injuries can range in severity. Whether you are taking public transportation, riding on a school bus, or sitting on a charter bus, your entire life can be turned upside down in a matter of minutes. The bus driver’s negligence or another driver’s error could cause you serious harm. 

Common bus accident injuries include:

Even if you are unsure about the severity of your injuries, you should still seek medical treatment immediately after an accident. Waiting to be evaluated by a medical professional can negatively impact your case and your recovery.

Who May Be Liable After a Bus Accident

Liability in a bus accident case may not be straightforward. Depending on the situation, there may be one or more parties that can be held legally responsible for your injuries. 

Bus Driver

If the bus driver acted negligently, he or she may be held liable in a bus crash. Proving liability, however, can be challenging without the help of a personal injury attorney. Bus drivers are frequently at fault if they are driving under the influence, distracted, or fatigued. A driver may also be liable if they speed or violate a traffic rule.

Bus Owner

In addition to the driver of the bus, the owner may also be liable after an accident. Bus owners are frequently held responsible if they do not provide adequate maintenance, fail to screen employees, or do not properly train or supervise their employees.

Other Drivers

In certain circumstances, other drivers may be at fault for the accident. If another driver causes the crash, they may be fully or partially liable. It may take an independent investigation to determine who or what caused the collision. 

What to Do If You Are Injured in a Bus Accident

If you are involved in a bus accident, you need to speak with a lawyer as soon as possible. You only have a limited amount of time to file a claim against a liable party. Under many circumstances, you will be able to file a claim through your no-fault insurance policy. 

However, if your injuries are serious, you may want to seek a personal injury lawsuit against the party or parties that caused you harm. In order to file a lawsuit, you need to determine your eligibility and collect evidence to strengthen your claim.

Legal Resources for Victims

Working with an attorney can help ensure your rights are protected and that you receive the best possible outcome in your case. Bus accident cases can be complex, involving multiple parties and multiple insurance companies. An attorney can help you navigate the process and secure compensation for all of your accident-related losses.

Why Choose Denlea & Carton? 

Were you injured in a bus accident in New York? The lawyers at Denlea & Carton can help. Our legal team has extensive experience handling injury cases throughout White Plains and the surrounding areas. Let us help you get the compensation you deserve. Contact our office today to schedule a consultation.

We’re thrilled to welcome Catherine Friesen to the Firm!

A former federal prosecutor in the EDNY, Catherine is an experienced litigator who has practiced extensively in both Federal and New York State Court. As an Assistant United States Attorney in Brooklyn, Catherine served as both lead and co-counsel in complex RICO/racketeering cases, handling all stages of the proceedings from grand jury investigations through pre-trial motions, trials, and appeals. She received two Directors Awards for Superior Performances as an Assistant U.S. Attorney and served as a Deputy Supervisor in the Violent Criminal Enterprises Section.

After moving to private practice, Catherine handled a variety of cases in New York State Court, including land use disputes, municipal law issues, personal injury matters and construction-related lawsuits. She has successfully argued numerous appeals before the Second Circuit Court of Appeals and the First and Second Departments of the New York State Appellate Division.

Catherine is a magna cum laude graduate of Harvard College and received her JD from Columbia Law School, where she was a Harlan Fiske Stone Scholar.

MEET OUR ATTORNEYS

James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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