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Belluck & Fox Settles Car Accident Injury Lawsuit on Jersey Shore

She was on vacation with her friends over Memorial Day Weekend. Everything was going great on their trip to the Jersey Shore. They were in a cab when, out of nowhere, an elderly driver crossed into oncoming traffic.

That car hit two vehicles, one of which was the cab. The client was injured badly, fracturing her nose which required her to undergo surgery.

That car hit two vehicles, one of which being the cab. The client was injured badly, fracturing her nose and having to undergo surgery.

Even in the face of complications, like the (subsequent and unrelated) death of the driver and a limited insurance policy, the experienced personal injury attorneys at Belluck & Fox were able to bring the case to a successful settlement. When all was said and done, the client walked away with two and half times the original offer.

Serious car accident injuries can leave a victim with staggering medical bills, a sudden drop in income, and months or years of pain and suffering. That’s why it is so important to reach out to top-rated car accident lawyers like Belluck & Fox. Decades of experience allow us to know how to:

  • Manage all communication with insurance companies and the at-fault party.

  • Gather extensive documentation of your motor vehicle accident to support your claim for maximum compensation.

  • Identify all possible sources of compensation.

  • Build a strong case with in-depth understanding of local accident laws.

  • Ensure time doesn’t run out on your car accident claims.

If you or a loved one have been injured in a car accident, you don’t have to go it alone. At Belluck & Fox, our award-winning personal injury lawyers are dedicated to fighting for the compensation you need to get your life back in order after an accident. Reach out today for a free consultation.

Belluck & Fox Wins Personal Injury Settlement for Pedestrian Accident

She was just trying to cross the street. After pushing the button on the traffic light at the intersection of Broadway and Hudson Avenue in Albany, New York, she waited for the light to change and began to walk.

When she was more than halfway across, her legs were suddenly swept out from under her as she was hit by a car that was making a left turn. 

She sustained soft tissue injuries to her knee, lower back, and shoulder, none of which required surgery. While her ultimate recovery went well, there were many gaps in her treatment due to extenuating circumstances and COVID-19.

The experienced personal injury attorneys at Belluck & Fox knew the victim had a strong case and deserved compensation for the treatments and suffering she had to endure as a result of the accident. Our team was able to win a settlement worth six and a half times the initial offer made to her as compensation.

A pedestrian accident victim is subject to New York’s “no-fault” insurance laws, but being on foot makes a difference:

  • An injured pedestrian can tap the insurance of the at-fault motorist or motorists involved in the accident to recoup medical expenses, lost wages, and other reasonable costs.
  • The injured pedestrian can also use the “no-fault” laws to tap their own auto insurance policy.
  • If the pedestrian does not have access to the motorist’s insurance information, such as in a hit-and-run, and if the pedestrian cannot tap into his or her own policy, they can file a claim with the state’s Motor Vehicle Accident Indemnification Corp.
  • If the accident was caused by public or private infrastructure problems such as potholes that should not have existed, the injured party can seek damages from the responsible government body or property owner.

Filing claims for compensation after a serious pedestrian accident can be extremely complicated in New York, and having the best attorney on your side can make all the difference. 

Belluck & Fox has secured more than $1 billion in compensation for clients and their families. We are here to answer any questions you may have. Reach out today if you or a loved one has been injured to learn about the process for pursuing compensation and the various time limits that may affect your case.

Joseph Belluck Quoted in New York Post Article “Revel riders allege they were injured by sketchy scooters”

On January 11, 2021, Joseph Belluck was quoted regarding his client and the potential dangers of riding Revel Scooters in the New York Post article “Revel riders allege they were injured by sketchy scooters.” Click here to read more.

The New York Child Victims Act Has Been Extended

If you or a loved one suffered childhood sexual abuse, regardless of when it happened, call the committed, top-rated attorneys at Belluck & Fox today.

The New York State Child Victims Act, signed into law by Governor Andrew Cuomo, changes the state’s previously strict statute of limitations on child sex abuse. It extends the previous restrictive periods for civil cases.

Additionally, it also provided a special window for all victims to file civil lawsuits regardless of their age. This window has now been extended for a second year through August 2021.

Since the bill passed, several churches and organizations have declared bankruptcy due to the influx of lawsuits. Even though the law has been extended, we recommend you take action quickly.

When did it take effect?

The new law is now in effect. Abuse survivors have until August 2021 to file civil cases no matter how long ago the abuse happened. You should not wait to contact a lawyer.

How is this different?

Previously, criminal charges against sexual abusers of children could only be filed up until victims turned 23. Now, that age has been raised to 28. For civil cases against abusers and the organizations they worked for, a special two-year window is meant to provide an opportunity for all those who have never had a chance under the old laws to act now.

Who does it help?

Anyone who has been affected by child sexual abuse, or knows someone who has, should consider learning more about their options under the new law. You and your loved ones are not alone. In fact, The Centers for Disease Control and Prevention estimates that one in seven children have experienced child abuse or neglect in the last year.

What can I do now?

It’s undeniable that these cases are difficult to cope with for victims and their families. But this law represents new hope for getting justice. The Catholic Church and insurance companies fearing an influx of lawsuits opposed the passage of the bill, but now they will have to face their victims.

Belluck & Fox has been standing up for New Yorkers that suffered from sexual abuse crimes for over 20 years. We want to help you too. With offices across the state, we’ll talk to you about your case, with no obligation, at any of our locations or even at your home. We will fight for you and your family as if they were our own, because we believe no one should have to go through this alone.

We are currently representing many victims of child sex abuse. We want to help you. Act now – you have limited time to pursue your case.

Trip or Treat?

Halloween is a big deal for children and families all across the United States, giving children (and many adults!) the opportunity to dress up and collect some great candy while they’re at it.

With a massive number of people participating each year, there is always a need to pause and think about how to stay safe and enjoy the holiday. We’ve compiled just a few tips to keep in mind as you head out this year.

  1. Costumes should be bright and preferably reflective to ensure trick or treaters can be seen by drivers and the people around them.
  2. When decorating your home, try to avoid things on the ground that trick or treaters could trip or injure themselves on. It also helps to keep your walkways well lit!
  3. Children should always be accompanied by an adult. Try to ensure some sort of way to communicate while you’re out – either a cell phone or walkie talkie – to avoid separating.
  4. It’s rare, but it is still a risk. Be sure to check candy before eating it, just in case someone had the wrong intentions. Always better to be safe than sorry.
  5. If you see any suspicious activity while you’re out around the neighborhood, report it. Halloween tends to be a reason for people to play pranks or worse, and we all need to look out for one another.

Lastly, have fun! While there are plenty of safety concerns to take into account, Halloween is meant to be an exciting, entertaining, and rewardingly sweet day. We hope you enjoy it this year. Feel free to share some of your best costume photos with us on social media!

 

 

Veterans get justice from Court for emergency room claims denied by VA

If you’re a veteran, you know how complicated getting medical care can be. In situations where you need emergency assistance at a facility not run by the U.S. Department of Veterans Affairs, that can lead to even more frustration, and often a denial of reimbursement.

No more, says a recent federal court ruling.

What happened?

The VA could be on the hook for as much as $6.5 billion in payments for hundreds of thousands of veterans who have filed or will file claims between 2016 and 2025. This is thanks to the U.S. Court of Appeals deciding that an internal VA regulation banning these kinds of rejections was “unacceptable,” according to NBC News.

Why was it so bad?

“Not only was the VA not reimbursing veterans’ claims,” reported Fox News, “but the agency was actively telling veterans they weren’t entitled to payments for non-VA emergency care when, in fact, they are.” This action is at odds with previous federal rulings that said veterans were, in fact, entitled to submit and be reimbursed for these claims.

Military Times writes that In August, the VA Inspector General discovered over $50 million that should have been refunded under existing rules.

How can I get compensation?

If you submitted a claim for emergency care from a non-VA facility since 2016, or have pending claims with the VA, you may be entitled to compensation. Belluck & Fox can help you get what is rightfully yours.

Reach out for a free consultation to discuss your situation. The specific process for claim appeals is still under development by the VA, but there is still time to get started. If your case meets the criteria, we’ll work with you to ensure your proper benefits are provided.

New York Law Helps Child Sexual Abuse Victims Seek Justice

Child victims act now law; claims expected to grow What is the Child Victims Act?

The New York State Child Victims Act, signed into law by Governor Andrew Cuomo, changes the state’s previously strict statute of limitations on child sex abuse. It extends the previous restrictive periods for civil cases. It provides a special one-year window for all victims to file civil lawsuits regardless of their age.

When does it take effect?

The new law as well as the open window began on August 14, 2019. Abuse survivors have one year from that date to file civil cases no matter how long ago the abuse happened. There is no time limit for this new extension of tine to file all civil cases.

How is this different?

Previously, criminal charges against sexual abusers of children could only be filed up until victims turned 23. Now, that age has been raised to 28. For civil cases against abusers and the organizations they worked for, a special one-year window is meant to provide an opportunity for all those who have never had a chance to act under the old laws.

Who does it help?

Anyone who has been affected by child sexual abuse, or knows someone who has, should consider learning more about their options under the new law. You and your loved ones are not alone. In fact, The Centers for Disease Control and Prevention estimates that one in seven children have experienced child abuse or neglect in the last year.

In Syracuse, 14 men are accusing a former Olympian of abuse under the new law.

What can I do now?

It’s undeniable that these cases are difficult to cope with for victims and their families. But this law represents new hope for getting justice. The Catholic Church and insurance companies fearing an influx of lawsuits opposed the passage of the bill, but now they will have to face their victims.

Belluck & Fox has been standing up for New Yorkers that suffered from sexual abuse crimes for over 20 years. We want to help you too. With offices across the state, we’ll talk to you about your case, with no obligation, at any of our locations or even at your home. We will fight for you and your family as if they were our own, because we believe no one should have to go through this alone.

We are currently representing many victims of child sex abuse. If you are in need of a Child Victims Act attorney, we want to help you. Act now – you have one year to pursue your case.

Breast Implants by Allergan Recalled for Link to Cancer

When you have a medical procedure, you expect a certain level of assurance that the products being used are safe. That turns out to not be the case for breast implants produced by Allergan Plc, which has recalled all of their Biocell textured implants at the direction of the FDA.

Sales of Allergan’s textured implants – and textured implants manufactured by several other companies – have already stopped in Europe due to a ban in France, been banned in Canada, and are on the docket to be banned in Australia. The other manufacturers include Arrion, Sebbin, Nagor, Eurosilicone, and Polytech.

Who is affected?

Patients who have the following implants or tissue expanders are affected by the recall:

  • Natrelle Saline-Filled breast implants
  • Natrelle Silicone-Filled breast implants
  • Natrelle Inspira Silicone-Filled breast implants
  • Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled breast implants 
  • Natrelle 133 Plus Tissue Expander
  • Natrelle 133 Tissue Expander with Suture Tabs

If you or someone you know has one of the above listed products, or any textured breast implant, there may be increased risk for Breast Implant-Associated Anaplastic Large Cell Lymphoma, or BIA-ALCL. BIA-ALCL is actually a cancer of the immune system, rather than the breast.

What is the risk?

The Cleveland Clinic says that symptoms of BIA-ALCL include swelling or fluid accumulation in the breast or around an implant; lumps; pain; changes in the shape or size of the breast or breasts; and redness.

According to the FDA, “evidence indicated that a specific manufacturer’s product appeared to be directly linked to significant patient harm, including death.” They state that as of July 2019, there were a recorded 573 cases of BIA-ALCL globally, and 33 deaths.

CNN quoted Dr. Colleen McCarthy of Memorial Sloan Kettering Cancer Center as saying that “Most patients diagnosed with BIA-ALCL will be cured by removal of both breast implants along with the scar tissue, or capsule, surrounding each implant. A small minority of patients will also require chemotherapy and radiation.”

Who can help?

If you’ve been diagnosed with BIA-ALCL and have one of Allergan’s recalled products or other textured breast implant, Belluck & Fox LLC can help. No one should have to fight for their health alone. 

With over two decades of experience standing up for patients, we are committed to finding justice for you. We will provide a free consultation, and if we can take on your case, promise to fight for you and your family as if it were our own.

Bike Accident and Injury Risks in NYC

According to the NYC DOT, nearly 4,500 bicyclists were injured in accidents involving a motor vehicle in 2017. Twenty-four of those bicyclists died.

Even though the risk of being injured while riding in NYC decreased dramatically between 2000 and 2017, there are still serious reasons to remain alert and careful while riding around the five boroughs.

In April 2019 cyclist Victor Ang, 74 at the time, was struck and subsequently run-over by a UPS truck. While the driver stayed at the scene and no charges have been filed, the incident highlights the risk bicyclists in NYC face each day as they ride to work, take care of family, or even just run errands.

According to the NY Post, Ang “sustained severe trauma to his body, including his legs.” Unfortunately it was reported that two months later, in June, Ang passed away as a result of the accident. As stated in his obituary, “he lit up every room he was in, and was known for his good sense of humor, his jokes, and laughter. He showed kindness to everyone around him.”

Even more troubling is that Victor is hardly alone. In July 2019 alone, we’ve learned of bicycle-related fatalities including Devra Freelander, a 28 year old artist struck by a cement truck in Brooklyn; and Moshe Wolpin, just 11 at the time of his accident, who recently passed as a result of injuries sustained when he was struck by a car on his way to school.

NYC BICYCLE SAFETY TIPS

Here are some key tips for staying safe while riding a bike in New York City. While certainly not a guarantee, keeping these in mind can help avoid a serious injury.

  • Ride in the streets, not on the sidewalks, and always use the bike lane when one is available.
  • Go in the same direction as vehicle traffic, and signal for turns just like they do.
  • Follow all of the same warnings as vehicle traffic, like stop signs and traffic lights.
  • Make sure other drivers can see you – light, reflectors, bright colors – anything to make you more noticeable on the road.
  • Be very aware of pedestrians, car doors, and other obstacles on the road.
  • Stay alert – if music distracts you, avoid listening to it while riding.
  • Wear a helmet!

ALREADY BEEN IN AN ACCIDENT?

We know getting into a bike accident can be traumatic, and the injuries serious. You don’t need to be paying medical bills alone. Belluck & Fox has more than two decades of experience representing injured New Yorkers in bike, motorcycle, and car accidents. We’re proud to stand up for those who need help. Give us a call today for a free consultation to discuss your case. We will help you get justice.

Uber Accident Statistics in NY

Uber and other rideshare services are an attractive alternative if you don’t feel like using yellow cabs or the subway to get around New York City. But just like there are hazards with traditional methods of commuting, there are risks associated with using rideshare services. An accident could cause serious injuries to vehicle occupants, pedestrians and bicyclists alike.

Risks aside, Uber is undeniably a transportation method of choice in New York City. It began offering rides in the city in 2011. According to the New York Times, it was handling more fares than the city’s taxis by 2017. Last year, there were more than 65,000 Uber vehicles affiliated with the city that provided more than 400,000 rides to passengers.

Uber and U.S. Accident Rates

Each day, roughly 15 million rides are taken in Uber vehicles worldwide. Despite this enormous figure, there is scant data on crashes involving Uber vehicles. However, there were only six reported fatalities in 2016.

Research is divided on whether Uber and rideshare services are increasing the risk of vehicle injuries and deaths. According to preliminary results from a joint study by the University of Chicago and Rice University, there has been a two to four percent rise in motor vehicle fatalities and fatal accidents in the U.S. since the advent of the ridesharing industry in 2011.

However, a study from Western Carolina University in 2016 reported that rideshares are associated with fewer accidents and a decline in the number of drunk-driving crashes in certain areas.

Yet another report in the American Journal of Epidemiology found no associations between Uber services in metropolitan areas and traffic fatalities, even when drunk driving, weekend and nighttime factors were taken into account.

These conflicting reports indicate that to date, it is still unknown the ultimate affect that Uber, Lyft and other services have on consumer safety.

Uber Accident Safety Recommendations

While there is no definitive evidence to suggest that Uber creates extra risks for the public, the addition of thousands of more vehicles-for-hire in New York City increases congestion and the overall potential for crashes. There are ways to protect yourself.

When taking an Uber, always:

  • Verify the driver’s identity.
  • Check that the driver knows your name before getting in the car.
  • Ride in the back seat.
  • Wear your seat belt.
  • Avoid distracting the driver with rowdy behavior.
  • Make sure that friends or loved ones know where you are going.
  • Make sure the driver stops at a safe location before exiting the vehicle.

Been in an Uber Accident or NYC Rideshare Crash? Contact Belluck & Fox

If you’ve been injured in an Uber accident in New York, compensation may be possible to help pay for your medical bills, lost wages and more. It’s important to contact an experienced car accident attorney to review your case and discuss your legal options.

Contact the dedicated Uber attorneys at Belluck & Fox to arrange a free consultation. New York has complex insurance laws dictating who pays after a vehicle crash, and our knowledgeable attorneys can take over all negotiations with insurers so you get full and fair compensation for your losses.

Schedule your no-cost case review now.