Sackstein Sackstein & Lee, LLP by cjleclaire
Our Family Serving yours for over 60 years
Jan 30, 2013 | 7856 views | 0 0 comments | 29 29 recommendations | email to a friend | print | permalink

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The Use of Social Media in Personal Injury Litigation in New York
by cjleclaire
Mar 16, 2017 | 1750 views | 0 0 comments | 106 106 recommendations | email to a friend | print | permalink

Attorneys Using Social Media as Evidence in Personal Injury Claims

For many, Facebook, Twitter and Instagram are as much a part of their lives as a phone, computer or even a car. Most don’t think twice about posting pictures, messages and other information for the world to see. But if you have been injured because of someone else’s carelessness or negligence, especially in New York, you may want to give some serious thought to how actively you post to social media sites. Here’s why.

The phase of a trial during which the parties gather evidence is known as “discovery.” The state of New York has long had liberal discovery rules, requiring “full disclosure or all matter material and necessary in prosecution or defense of an action.” Under a 2011 ruling, a party in a civil lawsuit has a right to obtain evidence by any legal method that will “lead to the disclosure of relevant evidence or…reasonably…lead to the discovery of information that bears on the claim.”

So how does this relate to Facebook, Twitter and Instagram? Well, if you are a regular user of those social media sites, you know that you can set your own level of privacy, so that posts are only visible to certain people. Accordingly, you might believe that you retain that right of privacy with respect to attempts to gather trial evidence from your Facebook, Twitter and Instagram accounts. But that is not necessarily the case in New York.

In a 2011 appellate court opinion in New York, the court held that a Facebook post was akin to a diary, and found that posting could be discoverable, regardless of the privacy settings the user had. That’s not to say that anything you post on a social medial site will be broadcast to a jury. Typically, the judge will review all proposed evidence, including Facebook, Twitter, Instagram and other social media posts, to determine if they are relevant. If not, they typically won’t be allowed into evidence. But if they are, the user’s privacy settings will generally not preclude their introduction into evidence.

Contact Sackstein Sackstein & Lee, LLP

At Sackstein Sackstein & Lee, LLP, we have more than 60 years of experience protecting the rights of personal injury victims. For a free initial consultation,

contact our office online or call us toll free at 888-519-6400.

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Texting While Driving in New York
by cjleclaire
Mar 09, 2017 | 2987 views | 0 0 comments | 179 179 recommendations | email to a friend | print | permalink

Have You Been Texting and Driving?

Texting while driving in New York is against the law. In fact, 46 states ban texting while driving and two more states have a partial ban on it. The reason for the ban is that distracted driving can result in serious accidents and tragic deaths.

National Public Radio (npr.com) reported about texting and driving in a 2016 article called “New York Wants to Know: Have You Been Texting and Driving?. A bill in the NY legislature, referred to as Evan’s Law, proposed that police officers should be allowed to check drivers’ cell phones at accident scenes.

Details Behind the Bill for Evan’s Law

Ben Lieberman’s 19 year-old son Evan died from serious injuries a month after a serious car accident that occurred in Hudson Valley, north of New York City. He was a passenger wearing a seat belt and sitting in the backseat of the car. The driver claimed he had fallen asleep at the wheel, which resulted in a head-on collision with an oncoming car. When the police failed to investigate the driver’s cell phone, six months later, Ben Lieberman requested a subpoena as part of a civil lawsuit.  Phone records revealed the driver had been texting throughout the time driving, including near where the accident occurred.

Lieberman wants to build an electronic device that a police officer could plug into a cellphone to see whether the phone was in use at the time of a crash. The device would not reveal personal communications but instead would be a textalyzer, used to help determine whether a driver was texting.

Law enforcement has the right to subpoena records from a phone company or request a search warrant from a judge to search a phone. However, it takes time and money to do so.

texting-driving-web

Drivers Often Hide the Fact They Were Texting and Driving

The Director of the Virginia Tech Transportation Institute believes the percentage of distracted drivers is much higher than seen in police accident reports. Researchers put cameras in cars for a study at Virginia Tech and discovered that distracted driving caused about 70 percent of vehicle accidents. The reported statistic is only 20 percent.

Get Legal Help for distracted driving

If you or a loved one has been involved in a serious car accident, get legal help to discuss your rights and whether you can seek compensation.

Sackstein, Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

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Why We Favor Diversity in the Workplace
by cjleclaire
Feb 28, 2017 | 4428 views | 0 0 comments | 279 279 recommendations | email to a friend | print | permalink

New York’s Personal Injury Attorneys

Our Family Serving Yours for Over 60 Years

Author:Sackstein Sackstein & Lee, LLP

Today, if you live or work in New York City or the metro area, you hear alot about diversity in the workplace and how it is good for businesses. At Sackstein Sackstein & Lee, LLP, we take pride in our diversity. We offer legal services in a variety of languages, including English, Spanish, Korean, Chinese, Greek, Bengali, Urdu, Bangladeshi and Hindi. As our diverse staff members work side-by-side, you’ll see various ethnic groups and races, including African American, Asian, Hispanic and Caucasian.

sackstein-sackstein-lee-llp-staff

The Advantages of Diversity in Business

Companies with diverse staff members are more innovative, productive, better at solving issues and can reach a wider client base. All of these factors are good for businesses.

Resolving Issues

According to The New York Times, studies showed that when a diverse group of people interacted with each other, their answers to analytical questions were more accurate than homogenous groups. In fact, diverse groups had a 58 percent greater accuracy.

Another study put people of different races in a group and had them solve murder mysteries. Again, the diverse group performed significantly better.

Quotes by Mark Sackstein and Eric Lee

Mark H Sackstein Managing Partner

“I believe our firm’s diversity is a great asset for clients who choose us to represent them in personal injury claims. They have a notable advantage when we seek to obtain fair and just case awards on their behalves.”  Mark H. Sackstein

 

 

eric-b-lee-partner“Our firm has helped many people in the Korean community and other ethnic groups to overcome the challenges they face when litigating for deserved compensation. Our abilities to overcome language barriers and work together are invaluable for getting results.” Eric B.

 

 

Innovation and Production

Researchers compared banks with and without racial diversity. Studies showed that 177 U.S. banks with diversity had greater financial performance. Bank presidents emphasized innovation when the company was diverse.

In another study, Stanford University researchers had groups discuss social issues, such as child labor and the death penalty. The researchers wrote dissenting opinions and had both African American and Caucasian students deliver the opinion to the groups. Even though students delivered the same dissenting perspective, when an African American presented the perspective to a group of Caucasians, the opinion seemed more novel and led to broader consideration of alternatives.

Various studies concluded that people work harder in diverse environments both socially and cognitively. While they may feel challenged when working through barriers, their hard work leads to better outcomes.

Broader Customer Bases

Because our staff at Sackstein Sackstein & Lee, LLP speaks a variety of languages, we can reach a broader client base than firms where language is limited to English.

we-are-new-yorks-personal-injury-attorneys

 

Sackstein, Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

 

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Welcome to Our New Personal Injury Website!
by cjleclaire
Feb 23, 2017 | 4539 views | 0 0 comments | 273 273 recommendations | email to a friend | print | permalink

Sackstein Sackstein & Lee, LLP

At the law offices of Sackstein Sackstein & Lee, LLP, we’ve focused our practice on the needs of injured people across Long Island, Brooklyn, Queens, the Bronx and the New York City metropolitan area since 1952. We have four offices throughout the greater New York region, in Flushing,Queens, Garden City, Brooklyn and the Bronx. We are proud to offer legal services to clients for whom Korean, Spanish, Chinese,French, Creole, Greek, and Hindi is a primary language.

We are excited to announce the launch of our new website, designed first and foremost to meet the needs of our clients. You’ll find it easy to navigate and filled with clear and comprehensive information about our extensive personal injury practice. As our website indicates, there’s virtually no type of personal injury claim that we can’t handle. In addition, if you want  input from individuals who have used our services in the past, please check out our testimonials page.

At Sackstein Sackstein & Lee, LLP, we have a simple philosophy—we treat our clients like we treat our family. That means that we’ll be available and accessible when you need to talk to us, and that we’ll return your calls and e-mails as soon as we can. We understand the impact a personal injury can have on every aspect of your life, from seemingly simple tasks to earning a living. We’ll take the time to get to know you and learn exactly what happened, as well as what you need to recover as fully as possible from your losses. We have the experience and skill to negotiate a settlement that meets your needs, but if those responsible for your injuries are not willing to negotiate in good faith, we are experienced and effective trial attorneys who are always willing and able to take your case to a judge and jury to get the outcome you want and deserve.

Sackstein-Sackstein-&-Lee-Peer-Rated-by-Martindale-Hubbell

We also understand the comfort that comes from understanding where you stand and what your options are. We’ll keep you fully informed and involved at all times, and we’ll regularly post blogs on our website, so that you can have a better understanding of the law, the process and your claim.

Contact Our Office

At Sackstein Sackstein & Lee, LLP, we look forward to serving you. If you have questions or concerns or would like to schedule a free initial consultation, please send us an e-mail or call us toll-free at (888)519-6400.

ENGLISHESPAÑOLCHINESE

 



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Negligence of Oregon Hospital Led to Wrongful Death of Patient
by cjleclaire
Jan 12, 2015 | 20480 views | 0 0 comments | 259 259 recommendations | email to a friend | print | permalink

Author:  Mark H. Sackstein, Esq.

All it takes is one small mistake for a disaster to occur. No matter how much research is done when choosing a hospital, it is impossible to predict a situation such as one that occurred last month in Oregon. Loretta Macpherson, a patient at a Bend, Oregon hospital, died after being administered wrongful medication. Ms. Macpherson, 65, had arrived at the hospital to receive an anti-seizure medication, fosphenytoin, following her brain surgery. Rather than being given the correct medication, Ms. Macpherson was administered a paralyzing agent, rocuronium—often reserved for surgical procedures.

Soon after Macpherson was given the wrong treatment, her breathing stopped and she soon fell into cardiac arrest. Macpherson had suffered permanent brain damage and was placed on life support. A few days later, she passed away.

There is no shortage of cautionary tales stemming from the negligence of hospital staff. The role of hospitals in our society is unique, in that it is one of the rare instances where a person gives their full trust and confidence of their lives to complete strangers. Fortunately, the law provides victims of medical malpractice and their families the right to seek remedies in courts. Because of the high stakes that is ancillary to the medical profession, medical staff must adhere to extremely high standards of professionalism and responsibility. When these standards are not met, hospitals may be held accountable for their negligence.

The three hospital staff members that were present during the incident have been placed on paid leave by the hospital while the investigation is still ongoing.  The chief clinical officer for St. Charles Health System, is part of an investigation team that will determine the exact order of events that led to Ms. Macpherson’s unfortunate passing. The officer stated that was the first time the hospital has dealt with a situation like this. However, he went on to say, “[w]e do know there was a medication error. We acknowledge that. It’s our mistake.”

This Oregon hospital incident is an unfortunate example where a hospital successfully treated a medical issue for their patient but the ancillary treatment was provided negligently. The three staff members failed to provide care that fully met the high standards demanded by the medical profession and, as a result, the family of Ms. Macpherson have spent this past holiday season without their loved one.

The attorneys at Sackstein Sackstein & Lee, LLP will fight to protect your rights. If you or a loved one suffered a serious injury (or worse) as a result of medical negligence that occurred in a New York hospital, you should promptly consult with a New York medical malpractice attorney who may investigate your hospital malpractice claim.

To learn more about our firm, please visit us online on or contact us on our toll-free line 516-248-2234 to be connected with medical malpractice attorneys.

You can follow us on FacebookTwitter, and Google as well.

 

 

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NY Personal Injury Lawyers: The Importance of Treating Clients like Family
by cjleclaire
May 31, 2013 | 11856 views | 0 0 comments | 273 273 recommendations | email to a friend | print | permalink

Our Family Serving Yours for Over 60 Years

When you suffer a serious injury, there is nothing more comforting than having caring family members at your side. Their support is part of the recovery process that helps put your life together again. At Sackstein, Sackstein & Lee, LLP, our attorneys understand the concept of family and incorporate it into our practice.

When you suffer a serious injury, we take your case to heart. We investigate the accident scene and dig thoroughly into every detail to ensure our evidence is strong. As we argue your case, we employ time-proven strategies we know will work. Whether at the negotiating table with the insurance company or in the court room presenting your case, our lawyers are tenacious about obtaining a good result — the way a family member would be in watching out for loved ones. Over the years, our hard work and devotion to clients has led to numerous multi-million dollar settlements.

While each case is unique and we cannot guarantee monetary amounts, here are a few of our noteworthy settlements:

  • A 43 year-old man (undocumented worker) fell through a skylight suffering multiple fractures and paraplegia. Construction accident award: $12,000,000.00
  • A 34 year-old man was struck by a motor vehicle, resulting in paralysis. New York County pedestrian accident award: $10,000,000.00
  • An 18 year old man was assaulted in a building by a criminal intruder and the injury caused paralysis. Bronx County premises liability case award: $3,900,000.00

The monetary recoveries are impressive, and our clients are certainly grateful for these outcomes. Yet, they also express their gratitude for being treated with compassion and respect. You cannot put a price on being treated like family. As New York personal injury lawyers, we realize that real success grows out of strong core values. If you have suffered serious injury, find out how we can help.

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What Role Do You Play in Exposing Vehicle Defects?
by cjleclaire
Feb 26, 2013 | 16800 views | 0 0 comments | 78 78 recommendations | email to a friend | print | permalink

Author: Sackstein Sackstein & Lee, LLP

Our Family Serving Yours for Over 60 Years

Average Americans are probably not aware of the vital role they play in automobile safety. While being a safe driver is of course extremely important, another factor in safety is having safe vehicles, which means a lack of product defects, such as defective brakes, tires, child seats and other automotive parts and accessories.

According to the National Highway Traffic Safety Administration (NHTSA), consumers play the most important role of anyone in alerting NHTSA to safety defects. NHTSA Administrator David Strickland called consumers the "lifeblood of the recall process." Consumers filed 41,912 complaints with NTHSA regarding safety defects in 2012. These complaints lead to government agency investigations and recalls when warranted. In 2012, NHTSA issued more than 650 safety recalls that affected over 17.8 million vehicles, child seats and vehicle equipment.

In addition to filing consumer complaints, Americans also take responsibility for vehicle safety when they bring a lawsuit against a defective parts manufacturer. Unfortunately, in most cases, some people suffer severe injury and others die before the extent of risks are realized. Holding a manufacturer accountable in a court of law exposes the product’s danger, the story gets picked up by the media and consumers who purchased defective product brands take notice. Lawsuits act as a deterrent to manufacturers when designing or manufacturing unsafe products. Defective products fall under the legal category of products liability.

If you or a loved one suffers severe injury in an auto accident caused by sticking accelerators, roof crush roll-over, defective tires or some other flaw, find out how an experienced New York City accident lawyer can help. Sackstein, Sackstein and Lee, LLP has successfully handled numerous types of injury cases recovering millions of dollars on behalf of clients.

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by cjleclaire
Jan 30, 2013 | 1438 views | 0 0 comments | 28 28 recommendations | email to a friend | print | permalink

Patients Want Answers That Explain Medical Injuries

Author: Sackstein Sackstein & Lee, LLP

Our Family Serving Yours for Over 60 Years

A report published by the American Association for Justice (AAJ) indicated that many patients subjected to medical malpractice are in "search for accountability." The report went on to explain that patients are perplexed by not knowing what happened to them and litigation is a way to get answers. A Kaiser Family Foundation survey discovered 70 percent of patients experiencing medical errors received no explanation from their doctors. In addition, a national survey done by Columbia University's Institute on Medicine as a Profession (IMAP) revealed that close to 50 percent of doctors nationwide failed to report medical errors or incompetence by their colleagues.

However, some hospitals now favor disclosing medical errors and taking a responsible approach to putting measures in place to reduce the occurrence of preventable medical errors.

The Wall Street Journal (WSJ)  ran an article about parents who sued the Baptist Children's Hospital in Miami for negligence. Their child suffered brain injury due to medical malpractice. However, after the parents and hospital settled for an undisclosed sum, hospital administrators analyzed the factors leading to the tragedy and used the parents as part of an educational program to emphasize patient safety to their medical staff. Now the mother serves as a community liaison on the hospital’s Baptist Health Board Committee on Quality and Patient Safety which is an effort to reduce medical negligence.

If you or a loved one is a victim of medical malpractice, find out how an experienced New York City medical malpractice lawyer  can help. Sackstein, Sackstein and Lee, LLP has successfully sued hospitals and practitioners on behalf of clients and lawsuits often have the effect of making hospitals more responsible.

 


 
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