McCarthy & Kelly LLP

Don’t blame civil lawsuits - blame negligence

sateeshchandra.sanga — Wed, 23 Dec 2009 16:54:55 +0000

Insurance companies and doctors spend a lot of money trying to convince the public that civil lawsuits are the cause of high medical costs and insurance premiums. This is not true at all. Only doctors and insurance companies are to blame. Research reveals that approximately 100,000 people die each year due to medical malpractice (almost 274 people every day)–where doctors or hospitals failed to meet the normal standard of care and the damage done was avoidable. Judge for yourself based on the facts:

* The “lawsuit explosion” is a myth. The annual number of tort filings in New York State decreased by 30 percent in the last 10 years. Lawyers don’t get contingency fees unless they win. If a frivolous lawsuit is filed, a judge can sanction the lawyer and dismiss the case. If a jury award is too large, a judge can reduce it. It’s easy to see the benefits of these lawsuits. Manufacturers of items ranging from garage door openers to children’s toys have adhered to higher safety standards after lawsuits showed their products to be defective.Usually, the people who bring these lawsuits are not people of means. They have no way of fighting back except through our court system. And without lawyers willing to work on a contingency fee basis, they would never be able to sustain an action against these deep-pocketed entities. Those who want to reduce the number of lawsuits should focus on reducing the negligent behavior that harms people and causes them to sue. Ignoring underlying causes and blaming the victims and their lawyers for suing undermines an important safeguard that our civil justice system provides to all our citizens.

New Rule for Cab Drivers: Stop talking on the cell phone!

sateeshchandra.sanga — Fri, 18 Dec 2009 21:28:34 +0000

The New York Times reports that NYC is cracking down on cab drivers that use hands free cell phone head sets while driving (which essentially means all cab drivers). The Taxi and Limousine Commission banned the use of any electronic device “in the immediate proximity of the driver’s ear.” That means cabdrivers can no longer wear hands-free headsets — even if they aren’t talking on them. Under the rules, cab drivers can lose their licenses after three violations. Research shows that drivers who talk on cellphones are four times as likely to cause a crash. We hope that this will decrease the number of taxi accidents and members of the public that are injured every year from careless taxi drivers. If you or someone you know has been in an accident of any kind and you’d like to know if you have a case, call Bill Kelly at (212) 732-5040 or email bk@mccarthykelly.com.

http://www.nytimes.com/2009/12/18/nyregion/18taxi.html?_r=1

AT&T class action lawsuit

sateeshchandra.sanga — Thu, 17 Dec 2009 17:43:28 +0000

AT&T was hit with a class action lawsuit for failing to pay overtime wages to its employees in violation of federal and state law. AT&T claims the employees were managers and exempt from the applicable laws requiring overtime pay. We view this as an attempt to avoid paying overtime wages to hard working employees and reducing the company’s expenses. Companies like AT&T should reduce expenses by cutting the huge bonuses that it pays executives each year. Start at the top not at the bottom! Our law firm is dedicated to representing accident victims and giving a voice to those who could not otherwise take on corporations and insurance companies taking advantage of people not familiar with the law.

If you or someone you know has been in an accident of any kind, know your rights—-call us at (212) 732-5040 or email bk@mccarthykelly.com.

What should you do after a car accident?

sateeshchandra.sanga — Wed, 16 Dec 2009 19:29:22 +0000

The first concern after a car accident is the health and safety of those involved. If anyone is injured, immediately call 911 to alert EMS and the police. Your next call should be to your insurance company to report the accident and make sure you’re covered. A police report can be helpful if you discover vehicle damage or personal injuries that were not noticed at the time of the accident. You will need a police report to file a claim with your insurance carrier or to make a claim against the other driver. The police report might also protect you if the other driver makes a claim against you. Always exchange names, telephone numbers and insurance information with the other driver. Also, write down the other driver’s license plate number, make and model of the car. If there are any witnesses to the accident, get their names and numbers as well. All of these steps are very important to protecting your rights! If you would like to speak to an attorney call us at (212) 732-5040.