What Should You Do About Shoulder Pain After A Car Accident?

It’s a sunny day and you are running errands in the neighborhood. You are driving straight and a car comes from your right and comes into contact with your passenger door.  From the impact, your left shoulder comes into contact with the side door.  You feel pain in your shoulder.  The impact of car accidents, even at a very slow speed, can easily result in severe physical problems to the shoulder and surrounding areas. What should you do?

  1. Remain at the scene and call the police and ambulance.
  2. Take photographs of the accident scene and the vehicles involved in the accident.

Many people with shoulder injuries don’t feel a tremendous amount of pain immediately after the accident. You may have a case even if you don’t immediately seek medical attention. The shoulder has three main bones: the clavicle, the humerus and the scapula. Any of these body parts may have been injured as a result of an accident.

HOW DO YOU YOU KNOW IF YOU HAVE A SHOULDER INJURY?

  • Painful, tender, stiff shoulder
  • Shoulder pain that increases at nighttime, interrupting sleep
  • Tingling, numbness, swelling, or weakness in or around the shoulder
  • Focused shoulder pain that worsens with activity
  • Difficulty with shoulder mobility
  • Discolored shoulder area
  • A “bump” above the shoulder bone where the shoulder may have separated

WHAT ARE THE MOST COMMON TYPES OF SHOULDER INJURIES AS A RESULT OF AN ACCIDENT?

  • Torn Rotator Cuff
  • Fractured bone
  • Contusions, Bruises, Strains & Sprains: Other injuries such as painful strains, swelling and bruising may occur after a crash due to the impact of the shoulder and another object.

WHAT TREATMENT OPTIONS ARE AVAILABLE? 

  • If you think that you have broken bone or tear resulting from your accident, seek medical attention immediately.
  • Go seek an orthopedic doctor. Diagnoses can be made through x-rays, CAT scans, MRIs, and clinical evaluations. Your doctor will assess your shoulder injury and prescribe treatment.
  • A torn ligament, tendon, or muscle may require immediate surgery, so don’t delay in visiting a doctor.
  • Pain may be stemming from elsewhere in the body (referred shoulder pain), so letting a medical doctor prescribe treatment is the best option.
  • Oftentimes, surgery and subsequent physical therapy are used to treat shoulder injuries stemming from accidents.

WHO PAYS FOR FOR YOUR SHOULDER SURGERY TREATMENT? 

  • Under New York Law, your no-fault carrier will likely pay for any treatment that you receive as a result of the accident.  No-fault shall pay for treatment even if you are at fault and  have no other insurance.

If your shoulder has been injured in an accident that was due to someone else’s negligence and fault, feel free to contact my office  at 212-233-0666 for a free consultation to determine the best course for obtaining the financial resources needed to pay for your lost wages and medical treatment.

 What Should You Do About Shoulder Pain After A Car Accident?

300px New York City Court The Five Most Common Civil Lawsuits in New York Supreme Court

 

As a civil litigation attorney located in New York City, I’ve seen my fair share of lawsuits. Since I’m in court nearly everyday, just sitting in the courtroom I get a sense of what type of cases are clogging up the courts. I also have my own caseload and handle court appearances for hundreds of other lawyers. I think I have a really good pulse for what type of cases are most frequently litigated.

Below is a list of the most common legal issues for New York civil court cases (which usually denote suing for money damages). Before deciding to sue, you should consider whether the facts of your case fit the requirements of at least one of them. Otherwise, don’t bother calling a lawyer.  Unfortunately, the mere fact that you have suffered something horrible by another person or company you are  not automatically entitled to a legal judgment. The law must support your contention that you have damages.

Below is a list of the most common lawsuits in New York civil court.

Breach of Contract.  Breach of contract occurs when a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. If the party does not fulfill his contractual promise, or has given information to the other side that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, that party is said to breach the contract. If you suffered some harm or damage, you may be able to sue.

Lawsuits involving employees.  Employment law is a sub speciality within civil litigation. Usual law firms specialize only in employment litigation. Usual issues include:

  • Improper termination
  • Failure to place employment terms in writing.
  • Failure to run a proper background check on an employee. The employee then does some harm, like sexually harass another employee.

Defamation.  Lawsuits stemming from what reviewers are saying on online sites such as Yelp and Facebook are becoming more and more common.

Debt. Perhaps the most common type of lawsuit for businesses. One party owes money to the other, negotiations falter and a lawsuit commences.

Personal Injury. These type of cases are the  most lucrative for civil litigators in small firms. They are also the most difficult for the honest civil litigator to get, because so many lawyers do unethical things to obtain these types of cases. These type of cases involves injuries due to negligence.

The Law Office of Frederic R. Abramson practices civil litigation in New York. If you have any questions regarding civil litigation, feel free to contact me at 212-233-0666.

Ideas are power. With power comes money. We all have ideas and we usually share them with others. With the explosive growth of the internet, anyone with the ability to code can take an idea and make it into a huge business. When that happens, can you sue?

Entrepreneurs and owners of small businesses are often not aware that there are remedies in tort law that can help in the event that an idea has been stolen. Unless there is non-disclosure agreement or some other contract, tort causes of action are often overlooked. The two major causes of action are:

1. Misappropriation of Trade Secrets;
2. Tortious Interference with a Contract.

What is Misappropriation of Trade Secrets?

Generally, a trade secret is any information that can be used in the operation of a business and that is sufficiently valuable and secret to allow an actual or potential economic advantage over others. Be aware that the idea must be secret.

What Type of Trade Secrets can be Covered?

1. Marketing.
-Customer lists are covered, however, you must prove that the lists are secret.
-Wholesale lists. Not usually covered because they are not usually secret.
-Pricing models and purchasing information.
-Secret business plans and business strategies.
-Data on how customers are payed.
2. Product Designs.
3. Production and Operations. Generally, information on how to make and produce a product is protected.
4. Research and development.
5. Secret compilation of facts that are known to the public.

What should you do to make sure that your ideas are secret?

1. Reduce all ideas to writing.
2. Make sure no one in your company disseminates the information to the pubic.
3. Have all employees sign an confidentiality agreement.
4. Make sure that all the information is secure.

Tortious Interference with a contract

What happens if one of your employees who has knowledge of your company’s ideas and trade secrets is hired by a competitor and the competitor uses your ideas for competitive advantage? You can sue for tortious interference with a contract. You may have a case if:

1. There is a existing contract that is subject to interference.
2. The third party (in the example of above, the new employer) has knowledge or should have knowledge of the contract.
3. Intentionally interfered with the contract.

If you have a question regarding theft of ideas in New York, call the Law Office of Frederic R. Abramson at 212-233-0666

 Idea Litigation: When Can You Sue For Theft Of A Trade Secret?

Admit it, we have all been in situations where we sign a contact without reading it. This happens online, when we click to agree to the terms of usage for a website. It occurs offline as well. Clients regularly contact my office after they have been sued and have asked me if they are bound to the contract that they signed without reading it.

A couple of weeks ago my client a contractor was sued because he didn’t read the contract and the work he performed was different than what was specified under the contract. Can he be held responsible for not performing as per the agreement?

The short answer is yes, he can be held liable. The general rule is that the failure to read a contract before signing it does not enable one to ignore the obligations stated in the contract on the basis that they did not read the contract or that the contents of the contract were not known to the party.

There are special circumstances that provide exceptions to this general rule. They include, but are are not limited to:

1. Fraudulent inducement
2. Mutual mistake of fact.

There are certain situations, where you might sign a contract without reading it or understanding it and the terms are grossly unfair. This could be the small print in a rental agreement. In some situations, some courts have looked into the circumstances under which it was executed and the relative positions of the parties.

Be aware that if you sign an agreement as a corporate entity, the courts have ruled that the signing a contract is expected to have read all of its provisions and understood that it would be binding on everyone. It is presumed that since both parties are sophisticated, they have an obligation to read the agreement and are thought to understand it.

The Law Office of Frederic R. Abramson represents businesses and individuals in New York. If you have any questions about contracts, feel free to contact me at 212-233-0666.

25875d1259797886 water damage cove ceiling p9140005 What Damages Can You Obtain for Breach of Contract to Make Structural Repairs?

Let’s say that you own a business such as a bar or restaurant. You notice that there are leaks coming from the ceiling. You are forced to close your restaurant as a result of the water damage. Six months later, the landlord finally replaces the roof. Unfortunately, your business goes under in the meantime because no money is coming in.

What damages are recoverable (if any) and what period of time will be considered in determining the amount of damages?

Can you only recover damages for the six month period when the roof replacement was finished? Or is the failure to repair or replace the roof  caused you to cease doing business permanently. As a result, you are entitled to all provable damages without restriction as to time?

In Vidas Cousins Realty Corp. v PB & J Assoc., Inc. , the court held that the tenant can recover damages for the landlord’s breach of its covenant to repair the roof. As a result, the tenant is entitled to recover:

  • The diminution of the rental value for the six month period.
  • The loss of profits because such damages were fairly within the contemplation of the parties. The loss of profits, if any, naturally flows from Petitioner’s breach of the covenant to repair. Petitioner knew or had reason to know that its failure to repair or replace the leaking roof could and did, in fact, cause the Respondent to close its business resulting in possible loss of profits. These damages are also restricted to the six month period.
  • Loss of profits, if any, recoverable by tenant must be demonstrated with certainty that such damages were caused by Landlord’s's failure to comply with the covenant to repair and must be capable of proof with reasonable certainty. Of course, damages recovered must not be duplicative.

The Law Office of Frederic R. Abramson represents businesses and individuals in New York. If you have a question about breach of contract, feel free to call at 212-233-0666.

NY Business and Law Must-Reads — Wed, August 7: What you should read today about #smallbiz.

August 7, 2013

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Tech News:

Bezos Brings Promise of Innovation to Washington Post, New York Times: Technology, August 7, 2013
Snoopify, an app themed around the rapper Snoop Lion, is selling a virtual sticker for $99.99, Wall Street Journal: Digits, August 6, 2013
Cooking website @Food52 launches an online marketplace for home chefs. Business Insider, August 6, 2013
Tech Magnates Bet on [...]

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What you need to know about Buying an Existing Business in New York

August 5, 2013

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When you buy a business, you purchase what is not known about the company.

Has the business ever been involved in any lawsuits?
Does the business from really have a good reputation or do they use unethical methods to obtain business?
Is the business making a profit or are they cooking the books?
How much inventory will you [...]

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How Do You Know if your New York Contract is Valid?

August 1, 2013

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If you run a  business, you may enter into contracts more often than they may expect. Whenever you or your company agree to take some action or make a payment in exchange for anything of value, a legal contract has been created.
How do you know if the agreement that you entered into is a valid [...]

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8 Biggest Legal Issues Small Businesses Face

August 1, 2013

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It might seem intimidating at first, but you can handle legal issues without going bankrupt.
A recent survey in 2012 found that nearly 55 percent of small businesses faced legal problems, but nearly half have never even signed up for a free consultation with an attorney.
Why aren’t small businesses getting professional legal help? The simple answer [...]

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What you need to Know about LLC’s for Real Estate Investments in New York

July 25, 2013

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What you need to Know about LLC’s for Real Estate Investments in New York

You recently took the plunge and purchased a new property, perhaps a two family building  in Brooklyn, or an investment property in the Hamptons.  What type of business structure would be best to protect your personal assets?
Choosing the right business structure can [...]

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